Republic of the Philippines ‘TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14" Sangguniang Panlungsod 13" Regular Session Series of 2017 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR ‘SESSION HELD AT THE SP SESSION HALL ON MARCH 30, 2017 PRESENT: Honorable Jose 8. Aquino I ~ City Vice Mayor Presiding Officer Honorable Glenn C. Carampatana - Member Honorable Ferdinand E. Nalcot - Member Honorable Rema E. Burdeos - Member Honorable Derrick A. Plaza - Member Honorable Cromwell P. Nortega - Member Honorable Joseph Omar O. Andaya - Member Honorable Cherry May G. Busa - Member Honorable Vincent Rizal C. Rosario - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Sr. - Member ABSENT: None The meeting was called to order at exactly 10:53 in the morning. SP ORDINANCE NO. 5223-2017 AN ORDINANCE REVISING SP ORDINANCE NO. 4434- 2014, CONVERTING THE PICK-UP TERMINAL AT ROBINSONS MALL TO A SUB-TERMINAL FOR PUBLIC UTILITY BUSES AND SHORT-HAUL PUBLIC UTILITY VANS, AND FOR OTHER PURPOSES Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of ‘the same that: SECTION 1. TITLE. This Ordinance shall be known as the “ROBINSONS BUTUAN SUB-TERMINAL ORDINANCE.” SECTION 2. DECLARATION OF POLICY. It is the declared policy of the City Government of Butuan to exercise its powers essential to the promotion of the general welfare of its inhabitants. For the commuting public, the City shall, among others, provide safe, efficient and orderly use of the streets and adequate terminal services.xe two SP Ord. No. 5223-2017, cont'd. It is also the declared policy of the City Government of Butuan to encourage Public-Private Partnership in the aspect of constructing public facilities subject, of course, to certain terms and conditions. SECTION 3. SCOPE OF APPLICATION. This Ordinance mandates the establishment of a Sub-Terminal for public utility buses and short-haul public utility vans at the Robinsons Place Butuan, This also provides certain regulatory and management measures appurtenant thereto. SECTION 4. DEFINITION OF TERMS. For purposes of this Ordinance, the terms hereunder shall mean as follows: 1. CITY or CITY GOVERNMENT — refers to the City Government of Butuan; 2. MALL — refers to Robinsons Place Butuan which is located along J. C Aquino Avenue, Barangay Bayanihan, Butuan City; 3, ROBINSONS - refers to Robinsons Land Corporation; 4, STALL ~ refers to a space with structure for the purpose of displaying saleable goods and/ or wares intended for public utility vehicle passengers; 5, SUB-TERMINAL ~ refers to a designated area where selected public utility buses and short-haul vans can park to load and unload passengers. Buses and vans are to wait at their respective bam yards outside of the sub-terminal and can park in the appropriate bay in the sub-terminal during their scheduled trip; 6. SHORT-HAUL VAN - a public utility van (tourist van or UV express) with valid, existing and updated registration, as well as franchise from the Land Transportation Office (LTO) and Land Transportation Franchising and Regulatory Board (LTFRB), that is bound to places within the 45-Kilometer radius of Butuan City, with routes including Cabadbaran City, Nasipit and Carmen, all of Agusan Del Norte, and Bayugan City, Agusan del Sur, and 7. TERMINAL ~ the public transport terminal facility for Public Utility Buses, Public Utility Jeepneys, and Vans-for-hire which shall be established in the mall grounds. SECTION 5. MANDATE. This is hereby established at the Robinsons Mall grounds a Sub-Terminal for public utility buses, public utility jeepney's, and vans-for-hire, including loading and unloading areas for Auto Calesa (AC) and tricycles-for-hire, under certain terms and conditions as may be agreed by the City and Robinsons, to provide the streets and highways from being utilized as parking areas or terminals for public transport vehicles. ‘The contract between the City Government and Robinsons shall be fifteen (15) years and renewable for another fifteen (15) years. 5.1, Location, Structure and Design. A loading and unloading area for ‘tricycle-for- hire and Auto Calesa (AC) shall be established outside of the Sub-terminal premises, along Capitol-Bonbon Road for the general welfare of the riding public. A waiting shed shall be constructed by Robinsons to protect commuters from heat and rain, No dispatcher and canvasser shall be allowed to monopolize the area,Page three SP Ord. No. 5223-2017, cont'd. 5.2 Facilities 5.2.1. The following facilities required by the Land Transportation Franchising and Regulatory Board (LTFRB) shall be complied with, to wit: a. Separate parking slots for each mode of transport . Wide entrances and exits for easy mobility c. Concrete pavement and flooring 4. Roofing that would provide sufficient shade from the heat of the sun and rain e. Communication facilities, such as: Telephone, Fax Machine, Internet, etc.) £ CCTV Cameras/Monitors g. Information and passenger assistance counters h, Appropriate and adequate signages i. Sufficient number of security personnel |. Separate comfort rooms for male and female . Comfort room for Persons with Disability (PWDs) 1. Ramps for PWDs easy access by wheelchairs m. Benches with backrest for waiting passengers rn, Benches for the use of PWDs o. Diaper-changing tables p. Breastfeeding area 4q. Priority lane for persons with special needs 5.2.2. That the following additional facilities are required for the terminal: Twelve (12) parking bays or more; ‘A waiting area sufficient for twenty (20) transport vehicles; Office space for the terminal supervisor and other designated personnel; Air-conditioned customer lounge; Baggage Counters; Stalls for rent; Drop-off Area; A mini-park; ‘Among all other facility which Robinson may construct for the safety and convenience of the riding public or passengers; Entrance booth (main entrance along Capitol-Bonbon Road and entrance coming from Robinsons Mall) with coin-operated turn-style gates; k. Police or security box to control and regulate the flow of public vehicles going in and out of the Sub-Terminal; 1. Booths or kiosks for different utilities, travel and booking agencies to provide services to commuters. ese rrp me o ‘The provisions of the National Building Code requiring all building facilities must be followed as to the compliance of “Persons with Disability Act”. 5.3. Operation. The Sub-Terminal shall be operated by the City. It shall be under the supervision and control of the Office of the City Economic Enterprises (OCEE) ‘and shall be managed by a Terminal Manager whom the City Mayor shallPage four SP Ord, No. 5223-2017, cont'd. appoint from any existing personnel or employees who is qualified to run the operations. If finances warrant, a separate Terminal Manager may be appointed, subject to existing civil service rules and regulations, with the following duties and responsibilities: ‘The Terminal Manager shall: a. See to it that all the required documents, permits and licenses for the ‘operation of the terminal are secured, and must ensure that the terminal operation shall be in accordance with all the pertinent rules, laws, ordinances, and regulations; b. Submit a monthly Audited Financial Statement (AFS) of the terminal operation to the Honorable City Mayor, copy furnished the Manager, Office of the City Economic Enterprises, and the Chairman of the SP Committee on Utilities. The AFS must be submitted on or before 7" day of the following month; c. Supervise the remittance of all monthly income of the terminal to the City Treasurer's Office; 4. Accommodate the public transport vehicles in accordance with a queuing plan and/ or procedure to be agreed by the City and Robinsons, to ensure an orderly and safe procedure in the loading and unloading of passengers and their baggage; e. Ensure that no dispatcher and canvasser shall operate in the sub-terminal and to respect the right of the riding public/customers to choose their ‘means of public transportation; f Check that buses and short-haul vans that will be deployed in the Sub- terminal have valid, existing and updated registration, as well as franchise from the Land Transportation Office (LTO) and LTFRB. Each vehicle must not be more than 20 tons gross weight, inclusive of passengers and cargoes; and g. Ensure that no repair and washing of vehicles shall be conducted inside the sub-terminal. All terminal personnel must wear identification cards and uniforms at all times. 5.4 Traffic Management and Security Measures: The Land Transportation Traffic Management Office (LTTMO) and the Butuan Philippine National Police (PNP) Traffic Division in coordination with Robinsons’ security management shall impose strict compliance with traffic rules and regulations inside the Sub-Terminal premises and shall assign traffic enforcement officers to maintain peace and order and to render effective and efficient services to the riding public. The PNP Butuan and the OCEE Security personnel in coordination with Robinsons’ security management shall provide and impose strict security measures to ensure and maintain a safe and secure environment for passengers including their belongings within the premises of the Sub-terminal.Page five SP Ord, No. 5223-2017, cont'd. 5.5 Repairs and Maintenance. The maintenance of the stability of the Sub-terminal building shall be provided and shouldered by Robinsons. The repair and maintenance of the terminal facilities, e.g. comfort rooms, benches, passenger lounges, air- conditioning units, steel barriers, including solid waste management and payments for electric and water consumption shall be borne by the City. ‘The OCEE is hereby encouraged to engage partnership with private and government entity willing to provide green energy (Solar Power) and recycling facilities which will re-use, recycle solid waste materials including water. 5.6 Stalls for Rent. The leasing of commercial stalls or kiosks within the terminal premises, fixing and collection of rental, and maintenance thereof shall be by Robinsons. However, the City thru the City Economic Enterprise Management Board (CEEMB), in coordination with Robinsons, shall formulate strategic plans on assisting small business, vendors and new entrepreneurs from the Integrated Terminal who may be affected by this Ordinance. In coordination with the Department of Trade and Industry (DTI), Technical Education and Skills Development Authority (TESDA), the National Labor Relations Commission (NLRC), and other private entities. The OCEE may provide technical assistance to the affected parties. SECTION 6. ROUTE. The following specific routes shall be followed for the implementation of this Ordinance: 6.1. Public Ut Buses (PUBs): 6.1 East-bound Route (to Surigao City and Davao City): From Robinsons Subterminal, tum right to Capitol-Bonbon Road towards Libertad Sports Complex, tur left to Brgy. Bonbon, turn left to Democrito D. Plaza II Avenue, cross South Montilla Blvd. towards Diosdado Macapagal Bridge and proceed to its destination. Incoming: From Diosdado Macapagal Bridge, cross South Montilla Blvd. straight to Democrito D. Plaza IT Avenue, tum right to Brgy. Bonbon towards Libertad Sports Complex, tum right to Capitol-Bonbon Road and proceed to Robinsons Sub-Terminal. 6.1.2. West-bound Route (to Cagayan de Oro City): Outgoing: From Robinsons Sub-Terminal, turn right to Capitol-Bonbon Road towards Libertad Sports Complex, turn left to Barangay Bonbon, turn right to Democrito D, Plaza II Avenue towards Bancasi Rotunda and proceed to its destination.Page six SP Ord. No. 5223-2017, cont'd, Incoming: Approaching Bancasi Rotunda, turn right to Democrito D. Plaza II ‘Avenue, turn left to Barangay Bonbon towards Libertad Sports Complex, tum right to Capitol-Bonbon Road and proceed to Robinsons Sub-Terminal, Only buses specifically indicated in the Implementing Rules and Regulations (IRR) as required under Scetion 10 hereof shall use the Sub-Terminal. The Langihan Integrated Terminal shall accommodate all other types of public utility buses bound to any route or destination. 6.2. Public Utility Van (PUVs): 62.1. East-bound Route (to Bayugan City and Cabadbaran City only): Outgoing: From Robinsons Sub-Terminal, turn right to Capitol-Bonbon Road towards Libertad Sports Complex, turn left to Barangay Bonbon, tum left to Democrito D. Plaza II Avenue, cross South Montilla Blvd. towards Diosdado Macapagal Bridge and proceed to its destination. Incoming: From Diosdado Macapagal Bridge, cross South Montilla Blvd. straight to Democrito D. Plaza II Avenue, turn right to Barangay Bonbon towards Libertad Sports Complex, turn right to Capitol-Bonbon Road and proceed to Robinsons Sub-Terminal. 6.2.2. West-bound Route (to Nasipit and Carmen, Agusan del Norte Only): Outgoing: From Robinsons Sub-Terminal, tur right to Capitol-Bonbon Road towards Libertad Sports Complex, turn left to Barangay Bonbon, tum right to Democrito D, Plaza II Avenue towards Bancasi Rotunda and proceed to its destination. Incoming: ‘Approaching bancasi Rotunda, turn right to Democrito D. Plaza I ‘Avenue, tum left to Barangay Bonbon towards Libertad Sports Complex, turn right to Capitol-Bonbon Road and proceed to Robinsons Sub-Terminal. Only short-haul vans shall use Robinsons Sub-Terminal. Langihan Integrated Terminal shall accommodate all types of publie utility vans bound to any route or destination. SECTION 7. TARIFFS AND FEES, The following shall be the standard tariffs and fees for the use of terminal: 7.1 Vehicle Terminal Fees:DESCRIPTION Rate (in Philippine Peso) 1. Short-haul Vans (bound for Cabadbaran City, Nasipit, or Carmen, Agusan del Norte, or 25.00/trip Bayugan City, Agusan del Sur) 2. Buses (All destinations) 40.00/trip ies Fee: Description Rate (in Philippine Peso) T. Comfort Rooms 5.00/use/person 2. Bath/Shower 10.00/use/person 3. Air-Conditioned Passengers’ Lounge/Waiting ‘Area (Inclusive of Comfort Room and Bathroom 5.00/use/person Use) 4, Baggage Counter 5.00/baggage/day 7.3 Porterage Fee. The rates of fees on cargo handling at the Sub-Terminal shall be aligned to the Porterage Ordinance of the City of Butuan. ‘The collection of tarifi’s and fees shall be by the City. Collection made by the OCEE shall be remitted to the Office of the City Treasurer. SECTION 8. PROHIBITION CLAUSE. Sub-leasing or assignment of any part or portion of the Sub-Terminal or third party agreement involving the Sub-Terminal without the written consent or approval of Robinsons is not allowed. Use of the terminal and its facilities by colorum vehicles is strictly prohibited. Parking, loading, and unloading outside the designated areas are also strictly prohibited. The Sub- ‘Terminal premises are strictly a “No Illegal Vending or Peddling Zone.” SECTION 9. PENALTY CLAUSE. Violators of any provision of this Ordinance shall be penalized as follows: First Offense - PhP 1,000.00 Second Offense - 2,000.00 ‘Third Offense - 3,000.00 plus fifteen (15) days suspension from parking in the terminal, if the violator is @ ‘transport operator. Fourth Offense - 5,000.00 plus recommendation for revocation of franchise by the LTFRB. SECTION 10. ADMINISTRATIVE PROVISION. The Office of the City Economic Enterprise is hereby mandated to formulate the Implementing Rules and Regulations (IRR) within thirty (30) days upon approval of this Ordinance, subject to the approval of the Sangguniang Panlungsod. Thereafter, a three (3)-week dry run shall be conducted by the Land Transportation Traffic Management Office (LTTMO) in coordination with the OCEE to evaluate its practicability and orderliness, and submit a written report or recommendation to the Sangguniang Pantungsod upon the completion of the dry-run.SECTION 11. REPEALING CLAUSE. Ordinances, Resolutions and Executive Orders and other issuances or provisions thereof inconsistent with any of the provisions of this Ordinance are hereby repealed, amended and modified accordingly. SECTION 12. EFFECTIVITY. This Ordinance shall take effect immediately after the salient provisions of this Ordinance are published in a local newspaper of general circulation and posting of copies in the bulletin board in two (2) other conspicuous places in Butuan City. Let copies hereof be provided to the Offices of the City Mayor, the City ‘Administrator, and the City Legal Officer, the Office of the City Economic Enterprise (OCEE), the Business Permits and Licensing Division, and the LTTMO; the LTO and the LTFRB; the Bachelor Express, Inc., the van-for-hire associations, and other transport cooperatives or organizations/associations, and all other concemed for its widest dissemination, information and appropriate action. Unanimously Approved Date Enacted: — March 30, 2017 APPROVED: Ser JOSE S. AQUINO IL City Vice Mayor Presiding, Officer ATTESTED: URORA B. CABALLES, City Government Department Head IL City Secretary ‘SUBMITTED FOR APPROVAL:Page nine SP Ord. No. 52 Authors : Hon. : Hon. : Hon. : Hon. : Hon. Movant Seconders : Hon. : Hon. : Hon. Joseph Omar O. Andaya . Cherry May G. Busa |. Ehrnest John C. Sanchez . Vincent Rizal C. Rosario . Glenn C. Carampatana . Joseph Omar O. Andaya . Cherry May G. Busa . Vincent Rizal C, Rosario