Terminal - New
Terminal - New
Terminal - New
COLLECTION AND DISPOSITION OF FEES FOR THE USE AND OPERATION AND
MANAGEMENT OF THE ORMOC CITY PUBLIC TERMINAL AND THE USE OF
TERMINAL STALLS AND FOR OTHER PURPOSES
SECTION 1. TITLE - This Ordinance shall be known as THE ORMOC CITY PUBLIC
TRANSPORT TERMINAL SERVICES FEES, COLLECTION AND DISPOSITION OF
FEES AND OPERATION ORDINANCE
ARTICLE II
TERMINAL FEES
Section 7. Terminal Fees There shall be levied on every public utility for terminal
services fee, as follows:
A) Terminal No. 1
a) Vehicles for hire like FX, L300, van and the like plying specific
routes - 60.00 per trip
ARTICLE II
Section 8. Lease of Rental Space and stalls The rental spaces at the terminal shall
be designated as business center, there shall be collected and imposed the following
fees:
A) Ground Floor:
2) Terminal Fee at Ten Pesos (P10.00) per passenger 7 years old and
above entering the terminal premises and shall be issued a terminal
ticket to serve as pass for the free use of terminal facilities and the
passengers lounge.
B) Second Floor:
4) Shower Room Users Fee at One Hundred (P100.00) Pesos per person
provided with shower kit consisting of one (1) sachet shampoo, a
small bath soap and towel.
5) A fee of Five Pesos (P5.00) shall be collected from individuals for the
use of restroom.
ARTICLE III
SECTION 9. VACANCY. Vacant spaces and stalls in the terminal shall be adjudicated
in the following manner:
A notice of vacancy of the office spaces or stalls shall be made for a period of
fifteen (15) days immediately preceding the date fixed for the award to a qualified
applicant to apprise the public of the fact that such office space or stall is unoccupied
and available for lease. Such notice shall be posted conspicuously on the unoccupied
office space or stall and three other conspicuous places in the following form:
NOTICE OF VACANCY
NOTICE is hereby given that Stall No. ______ of Ormoc City Terminal is vacant. Any
person, 18 years of age or more and is not legally incapacitated desiring to lease this stall,
shall file an application thereof on the prescribed form (copies may be obtained from the
Business Permits and Licensing Office during office hours). In case there are more than one
applicant vying for the same stall or office space, the awarding of the lease shall be
determined thru public bidding for the lease thereof to be conducted on ________________,
20____ at _____ oclock _________ at the Session Hall, this City.
______________________________________________
Chairman, TSBAC
SECTION 10. PUBLIC BIDDING. In cases where a vacant stall has two or more
competing applicants desiring to lease out a specific office space or stall in the terminal,
a public bidding shall be conducted in order to decide on which of the qualified
applicants shall be awarded the lease for the said office space or stall.
SECTION 11. TIME FOR PAYMENT AND PENALTIES FOR DELINQUENCIES - the
monthly rentals for stalls, booths, and blocks in the terminal shall become due and
payable on or before the end of every month. Failure to pay the rental or fees within the
period required herein shall subject the lessee/occupant to a SURCHARGE of five per
cent (5%) of the amount due.
SECTION 12. QUALIFICATION FOR OCCUPANCY- Occupancy of stall/space is open
to all interested applicants provided that the applicant has a track record of sound
business management and/or possess a high financial capability and of good moral
character. An applicant for a lease of the terminal office space or stall must be:
a) A Filipino citizen;
b) A resident in Ormoc City for at least one year on the date of application as
certified by the Punong Barangay of the place of residence;
c) Must not be less than eighteen (18) years old; and
d) Financially capable of maintaining the operation and answering/shouldering
any liability that may arise in the course of operation of said stall or office
space; provided that in the case of stalls, a lessee shall be a micro-
entrepreneur; and provided further that this requirement shall not apply to
stalls covered by the Pasalubong Center.
a) Application letter;
b) Duly accomplished application form;
c) Non-refundable application fee amounting to P500.00.
It shall be the duty of the Terminal Manager to keep a registry book showing the names
and address of all applicants for vacant stalls, and booths, the number and description
of the same applied for them and the date and hour of receipt of each application. It
shall be his duty to acknowledge receipt of the application setting forth therein the time
and date of the receipt thereof.
_____________________________
Terminal Manager
Ormoc City
Sir:
I hereby apply under the following contract for the lease of stall of Ormoc Transport
Terminal. I am _____ years of age, ______________, a citizen of ______________________ and residing at
______________________________________.
Should the above mentioned shall be leased to me in accordance with the terminal rules and
regulations, I promise to hold the same under the following conditions:
(1) That while I am occupying or leasing this stall I shall at all times have my picture and that of my
helper (or those of my helpers) conveniently framed and hung up conspicuously in the stall.
(2) I shall keep the stall at all times in good sanitary condition and shall comply strictly with all
sanitary and transport terminal rules and regulations now existing or which may hereafter be
promulgated.
(3) I shall pay the corresponding rents for the booth or the fee for the stall in the manner prescribed
by the existing ordinance.
(4) The business to be conducted in the stall shall belong exclusively to me.
(5) In case I engage helpers, I shall nevertheless personally conduct my business and be present at
the stall. I shall promptly notify the terminal authorities of my absence, giving my reason or reasons
therefor.
(6) I shall not sell or transfer my privilege to the stall or otherwise permit another person to conduct
business therein.
(7) Any violation on my part or on the part of my helpers of the foregoing conditions shall be
sufficient cause of the transport terminal authorities to cancel this contract.
_______________________________
Applicant
I, ______________________, do hereby state that I am the person who signed the foregoing
applications, that I have read the same; and that the contents hereof are true to the best of my own
knowledge.
The successful applicant shall furnish the Terminal Manager two (3) copies of his/her
picture immediately after the award of the lease. It shall be the duty of the Terminal
Manager to affix one (1) copy of the picture to the application and the other two copies
of the record card kept for the purpose.
Fifteen (15) days after the award, applicants must present a business permit and
execute a contract of lease for the commercial space awarded to him/her. Only then
shall a Certificate of Award duly approved by the City Mayor can be issued to an
applicant.
SECTION 15. LEASE CONTRACT AND PERIOD OF LEASE. The contract of lease
shall be awarded to the winning bidder for a stall/space, which shall be for a period of
one (1) year renewable upon its expiration, unless revoked in accordance with the
provisions of this article.
The Lease Contract shall be in the following form:
LEASE CONTRACT
This Contract of Lease, made and executed on this ____ day of __________________, 20___ in this City of
Ormoc , Province Leyte , Philippines by and between:
THE CITY OF ORMOC, a public corporation existing under and by virtue of the Laws of the Republic
of the Philippines, represented by its City Mayor _______________________ , hereinafter called the
LESSOR;
- AND
WITNESSETH:
WHEREAS, in consideration of the rent and the term and condition herein contained, the LESSOR
hereby demise and lease to the LESSEE a stall which is a portion of Bus Terminal No. __ located at
__________ absolutely belonging to and owned by herein LESSOR;
WHEREAS, the LESSOR agrees to lease Stall/Space No. __ situated at the above to herein LESSEE;
WHEREAS, the LESSEE agrees to lease said Stall/Space No. __ of LESSOR situated at the address
stated above.
NOW THEREFORE, for and in consideration of the above premises, the parties herein have agreed
to the following terms and conditions, to wit:
a) The terms of the lease contract shall be for a period of one (1) year starting from the execution
of this contract, renewable for a like period at the option of the LESSOR and subject to the
terms and conditions herein contained and those that may be agreed upon by the parties in
writing;
b) The agreed monthly rental for the use and occupancy of Stall No. ___ will be
______________________________, (P_____________) Philippine Currency, payable within the First
Twenty (20) days of each month and every current month thereafter without the necessity of
an express demand therefore, said rental to be paid to the City Treasurer or his duly
authorized representative. Said monthly rental is exclusive of LIGHT, WATER AND SUCH
OTHER SERVICES which shall be borne exclusively by the LESSEE ;
c) Upon the execution of this contract, the LESSEE, will pay the total sum of
____________________________,(P________) Philippine Currency, which amount is equivalent to the two
(2) months deposit, plus three (3) months advance rental for the lease premises. The deposit is
to guarantee and secure the faithful compliance on the part of the LESSEE with the terms and
conditions set forth herein and cannot be refundable, if the LESSEE stays LESS than one (1)
year, in the leased premises, since said deposit maybe forfeited and applied by the LESSOR as
liquidated damages;
d) The LESSEE is strictly prohibited and is not authorized to make any improvement and/or
alterations in the leased premises. Any violation of this provisions shall be cause for
termination of this contract even before the expiration of the one (1) year period or a ground
for ejectment of the LESSEE;
e) The LESSEE, shall not sublease, or assign the leased premises, neither can the LESSEE sell or
transfer his/her rights under the contract of lease to any other person whomsoever. A
violation of this condition will be ground for termination of this lease contract even before the
expiration of the one (1) year period;
f) The LESSEE, in case of his temporary absence must appoint any responsible person in the
person who will take charge of the safety of the leased premises and the faithful compliance of
the terms and conditions herein set forth. In no case shall the temporary absence of the
LESSEE exceed thirty (30) days; otherwise, he or she shall be deemed to have abandoned the
leased premises. In the event that the LESSEE decide to vacate the leased premises as
aforesaid herein. LESSOR shall be released and/or freed from and all claims and
responsibilities arising therefrom;
g) The LESSEE shall not use the leased premises for residence or dormitory, but exclusively for
the purpose to which it is intended.
h) This contract of lease shall be rescinded whenever by reason of conflagration, flood, river,
earthquake or other fortuitous causes, the building shall be totally or partially destroyed and
the LESSOR shall not at any time be responsible to the LESSEE or any damage which may
result to the LESSEE from any of the said causes.
i) LESSEE, shall permit the LESSOR or his duly authorized representative to enter and inspect
the condition of the leased premises at reasonable hour in convenient manner;
j) It is further agreed that the LESSEE shall be responsible for any and all acts omissions or
his/her servants/employees;
k) Should the LESSEE fails to pay the rent herein stipulated in accordance with the terms above
mentioned or violate the terms of this contract, the LESSOR shall have the right to eject the
LESSEE from the premises, and to collect and recover from him/her all accrued rentals and to
pay a penalty of twenty-five PERCENT (25%);
l) In case of court litigation by virtue of non-payments of the agreed rentals or any other breach
of this contract on the part of the LESSEE, said LESSEE further bind and obligate
himself/herself to pay the LESSOR the additional amount of _____________________________________
(P_________) Philippine Currency as attorneys fees exclusive for cost legally taxable;
m) LESSOR and LESSEE hereby agrees that in the event of court litigations, the venue shall be in
City of Ormoc;
n) LESSOR reserve its rights to increase the rents at the end of one (1) year.
o) LESSEE shall surrender and yield up quietly and peacefully to the LESSOR the premises with
all the fixtures other than those owned by the LESSEE at the termination of this lease or
earlier termination thereof, in the same condition in which he/she shall have found them;
Ordinary wear and tear and reasonable use and other unavoidable loses, excepted;
p) LESSOR hereby warrants the peaceful possession and enjoyment of the leased premises by
the LESSEE;
q) PROVIDED, always, that in case of breach by the LESSEE of any of the terms and conditions
herein contained, the LESSOR may while said breach may continue, and notwithstanding any
waiver of any prior breach of said terms and conditions without notice of demand, hereby
terminate this lease, and may thereupon expel and remove the LESSEE and his effects;
IN WITNESS WHEREOF, the parties have hereunto signed their names on this ____day of
_______________, 20___in City of Ormoc, Philippines.
_____________________ ____________________
LESSOR LESSEE
BEFORE ME, a Notary Public for an in the Province of Leyte, personally appeared:
______________________ with _____________________ expiring on ______________ all known to me to be the
same person who executed foregoing instrument and they acknowledge to me that the same is
their free and voluntary act and deed.
This instrument, consisting of three pages including this acknowledgement, refers to a Contract of
Lease of a portion of the one-storey rentable building situated at Terminal of Ormoc City. Signed
by the parties and their instrumental witnesses on each and every page thereof, and sealed with
my Notarial seal.
WITNESS MY HAND AND SEAL on this ____ day of ________________, 20___ in City of Ormoc, Leyte,
Philippines.
________________________
NOTARY PUBLIC
ARTICLE IV
The Terminal Management Office shall issue guidelines on allocating the terminal
spaces to operators.
a. The power to allocate all terminal bays, lots and commercial spaces in the
Terminal shall be exclusively exercised by the Board;
b. The rights on awarded terminal bays, lots and commercial space may be
transferred upon prior approval by the Board;
c. Other vehicles engaged in transporting passengers, that will use the Terminal
may be allowed to lease any available part of the Terminal subject to compliance
with the implementing rules and regulations of the Board.
d. No vehicle shall be allowed to stay at the Terminal merely for the purpose of
parking.
e. No vehicle shall be allowed to undertake any repair or maintenance while waiting
passengers or cargoes.
f. For violation of Items d and e, vehicle shall be towed to a designated place at the
expense of its owner/operator.
g. All PUVs/Van for hire, PUJs and tricycle terminals must comply with all existing
laws applicable to them.
h. The designated terminal should not be in an area that prevents access to a road
to public or private vehicles
i. Vehicles parked within the terminal must not cause inconvenience to pedestrians
or obstruction to traffic.
j. All users of the terminal shall observe order and cleanliness within the terminal
and immediate surroundings at all times.
k. And such regulatory acts deemed necessary in the implementation of this
ordinance.
A. The operators of public utility buses, vans, jeepneys, or multicabs shall secure
the necessary individual business permits, licenses, upon payment of appropriate
taxes, fees and other impositions that may be imposed, levied and collected by
duly constituted authorities before using or taking possession of the premises
within the terminal assigned to them.
b. For operator of public utility buses, vans and jeepneys with two or more units
franchised under his/her name, he/she shall be required to get only one permit
for his/her units. The plate numbers of the units must be reflected in the permit.
d. The Operators shall not start or proceed with any repair work, extend the area,
occupy more bays/alleys as allowed nor in any case introduce improvements or
make any alteration in the leased premises without prior written consent and
approval of the Terminal Management Office; and that in case of permitted
improvements or alterations, the same shall not be removed but shall belong to
and become the exclusive property of the City Government of Ormoc, without
any right of reimbursement on the part of the operators.
e. The operators shall comply with all sanitation rules and safety regulations which
are promulgated by the duly constituted authorities and those that may be
imposed from time to time by the Board and to keep and maintain the leased
premises in clean and sanitary condition and disposed of all rubbish or garbage
only thru the means and places indicated by the Terminal Management Office for
the purpose.
f. Each operator shall require his/her employee/s to wear companys ID upon
entering the premises of the Public Terminal and to require them to log-in the
logbook prepared by the overseer of the said Terminal for identification purposes.
h. Each operator shall notify in writing the Terminal Manager at least Thirty (30)
days in advance should he/she decide to vacate the leased premises.
i. All operators shall submit to the terminal authorities their own daily arrival and
departure reports on arrivals and departures of their own units;
ARTICLE V
GUIDELINES FOR STALL OCCUPANTS AND PASSENGERS
a. Shall maintain cleanliness and orderliness of the stalls and the premises
b. Shall not change the nature of business
c. Shall not maintain illegal activities such as gambling, selling of prohibited items
and the like
d. Shall not sublease the stall
e. Shall not renovate and /or introduce improvements on the stalls neither cause
damage nor destruction of the stalls
f. Shall not extend the stall beyond the boundary or marker nor shall any vendor be
allowed to put tables or chairs outside the premises of the stall
The Board may issue supplemental guidelines for the proper use of the stalls and
spaces in the terminal.
a) Only passengers with Terminal Fee tickets are allowed to enter or use the
terminal facilities;
b) Passengers are not allowed to board on any passenger vehicle before scheduled
departure;
c) Passenger vehicles shall approach the designated loading area of passengers
before departure; and
d) Terminal fee tickets shall be attached to the bus tickets issued by the bus
company.
ARTICLE VI
IMPLEMENTATION
SECTION 29. IMPLEMENTING AGENCY The Terminal Management Office with the
guidance and recommendation of the Sangguniang Panglungsod shall be the main
implementing body of this Ordinance in cooperation with following:
ARTICLE VII
FINAL PROVISIONS
SECTION 30. APPROPRIATION The amount necessary for the management and
operation of the Ormoc City Public Transport Terminal and to carry out the provisions of
this ordinance is hereby authorized and appropriated in the city annual budget and
subject to COA accounting and auditing rules and regulations.
SECTION 31. PENALTIES Any person/s who are found guilty violating any provision
of this Ordinance shall be punished:
B. Second Offense - Fine of Not Less Than Two Thousand Five Hundred Pesos
(Php 2,500.00) and/or Imprisonment of Not More Than thirty (30) days, at the
discretion of the court. The violator may opt to pay an Administrative Fine of One
Thousand Pesos (PhP1,000.00) at the Treasurers Office of Ormoc City within
Ten (10) Days from the issuance of the City Violation Ticket, otherwise, an
appropriate case will be filed in court.
C. Third Offense - Fine of Not Less Than Four Thousand Pesos (Php 4,000.00)
and/or Imprisonment of Not More Than thirty (30) days, at the discretion of the
court. The violator may opt to pay an Administrative Fine of One Thousand
Pesos (Php2,000.00) at the Treasurers Office of Ormoc City within Ten (10)
Days from the issuance of the City Violation Ticket, otherwise, an appropriate
case will be filed in court.
In cases of transport operators and stallholders, their rights to use the Ormoc City
Transport Terminal shall be terminated. The operator of erring unit shall be notified of
the specific violation committed by their respective drivers and shall be responsible and
co-liable of such violation.
SECTION 32. REPEALING CLAUSE. This Ordinance shall repeal Tax Ordinance No. 7
series of 1980 and Tax Ordinance No. 2000-001 series of 2000.
The provisions of Tax Ordinance No. 2007-001 and 002, which are not in conflict with or
contrary to the provisions of this ordinance are hereby adopted and made an integral
part hereof.
Any ordinance, resolutions or part thereof inconsistent with this ordinance are hereby
repealed or modified accordingly.
SECTION 33. SEPARABILITY. If any section or portion of this Ordinance shall not be
declared unconstitutional or ultra vires, such declaration shall not invalidate the whole of
this Ordinance.
SECTION 34. MANDATORY REVIEW This Ordinance shall be reviewed again after
five (5) years of its effectivity.
SECTION 35. EFFECTIVITY This Ordinance shall take effect fifteen (15) days upon
its approval and shall be posted in at least 5 conspicuous areas within the territorial
jurisdiction of the Ormoc City.