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Authored by:  Coun. MARLON PAULO C. ALEJANDRINO,  Coun. LORENA NATIVIDAD-BORJA, Coun. ANTONIO R. ESPIRITU, Coun. ROVIN ANDREW M. FELICIANO, Coun. CORAZON A. CORTEZ, Coun. JENNIFER PINGREE-ESPLANA, Coun. LAILANIE P. NOLASCO, Coun. KIMBERLY ANN D.V. GALANG, Coun. CRISSHA M. PINEDA, Coun. KRISTIAN ROME T. SY and Coun. RAMON L. ENCARNACION.

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WHEREAS, the Sangguniang Panlungsod has enacted City Ordinance No. 029, Series of 2005, "An Ordinance regulating the placing, installing or construction of cell sites in the City of Valenzuela also known as "The Cell Site Regulatory Ordinance of the City of Valenzuela;

WHEREAS, Article III, Section 458 (1) of Republic Act 7160 states that the Sangguniang Panlungsod shall approved ordinances and pass resolutions necessary for an efficient and effective government;

WHEREAS, Section 458 (3) of Republic Act 7160 states that the Sangguniang Panlungsod, subject to the provision of book II of this code, enact ordinance granting franchise and authorizing the issuance of permits or licenses, upon such condition and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority: (i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities; (ii) regulate or fix license fees for any business or practice of profession within the city and the conditions under which the license fees for any business or practice of profession within the city and conditions under which the license for said business or practice of profession may be revoked and enact levying taxes thereon;

WHEREAS, Section 458 (ix) states that the Sangguniang Panlungsod shall regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph, and the phone wires, conduits, meters and other apparatus; provide for the correction, condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitants;

WHEREAS, the Sangguniang Panlungsod, for a more effective and efficient promotion of general welfare, has deemed it as appropriate to amend Ordinance No. 029, as amended by Ordinance No. 32, Series of 2011.

NOW, THEREFORE, be it ORDAINED as it is hereby ORDAINED by the Sangguaniang Panlungsod of Valenzuela in a session duly assembled that:

SECTION 1.Section 1 of Ordinance No. 029 is hereby adopted en toto.

SECTION 2. Section 2.B and 2.C (h) are hereby amended as follows:

SECTION 2.B.The applicant shall comply with the requirements by the Office of The Building Official (OBO) and the Sangguniang Panlungsod:

SECTION 2.C. The applicant seeking an approval of the above-mentioned shall apply at the Sangguniang Panlungsod by way of a request letter, which shall be accompanied by the following :

SECTION 2.C. (h) is hereby amended as follows:

(h) Submission of the insurance policies/certifications showing a comprehensive coverage for all its cellsites and related facilities within the City.  The said insurance coverage is sufficient to answer for all liability that may arise by reason of any damage to life and/or property as a direct result of the operation and/or maintenance by the affected cellsite.

SECTION 3. Section 2 of Ordinance No. 029 is hereby amended to read as follows:

SECTION 3. RENEWAL OF PERMIT 

• For the purpose of affording the Sangguniang Panlungsod an opportunity to assess and evaluate the safety and soundness of the continued operation of construction cell sites/s all permits hereafter issued or renewed, as the case may be, subject to renewal every 5 years by the grantee/applicant before the expiration of the expiration of the said five (5) years.
  
  
• The grant of renewal by the Sangguniang Panlungod shall be made on the  basis of the grantee's continued compliance with the requirements prescribed by relevant laws, ordinances and regulations, more particularly, with the provisions of "The Cell Site Regulatory Ordinance of the City of Valenzuela", as amended.
  
  
• No approval for renewal shall be issued, unless the corresponding insurance policies/certifications mentioned in paragraph (h) of Section 2 (c) should have been renewed also.  No approval for renewal should be issued, unless the corresponding compliance with the requirements by the Office of the Building Official (OBO) mentioned in Section 2 (b) should have been renewed also.

SECTION 4. Section 6 and Section 7 are hereby amended to read as follows:

SECTION 6. APPLICABILITY CLAUSE. The Sangguniang Panlungsod taking into consideration the necessity and public service component of the need to have the existing cellsite/s and related facilities previously granted permits by the Sangguniang Panlungsod to be immediately covered by permits, hereby grants into them a Grant of Renewal effective for five (5) years.  The Grant is based upon the submission by the affected cellsite company of compliances with the Office of the Building Office (OBO) and certification/s duly signed and sealed by a duly licensed Structural Engineer certifying to the soundness and structural integrity of the cellsite towers of the affected cellsite company located within the City, for at least five (5) years from date of certification.  The said grant is valid for a period of five (5) years and shall be used by the affected cellsite company when it applies for the annual permits to operate its cellsites and related facilities.  After the lapse of five (5) years period, the affected cell site company shall again apply for the said part of renewal with the Sangguniang Panlungsod.

SECTION 7. REPEALING CLAUSE. All previous ordinance and issuances, rules and regulations or parts thereof which are inconsistent with the provision of this ordinance are hereby repealed or modified accordingly.

SECTION 5. SEPARABILITY CLAUSE. If for any reason, any section or provision of this Ordinance is found to be unconstitutional or invalid, other parts or provisions thereof which are not affected thereby shall continue to be in full force and effect.

SECTION 6.EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days after its publication in newspaper of general circulation.

ENACTED.
NOVEMBER 23, 2015.
VALENZUELA CITY, METROPOLITAN MANILA.

(Sgd.) HON. LORENA NATIVIDAD-BORJA Councilor Majority Floor Leader	HON. ROSALIE ESTEBAN-CAYCO Councilor Minority Floor Leader
HON. MARCELINO G. MORELOS Councilor	(Sgd.) HON. ANTONIO R. ESPIRITU Councilor Asst. Majority Floor Leader
(Sgd.) HON. ROVIN ANDREW M. FELICIANO Councilor	(Sgd.) HON. LAILANIE P. NOLASCO Councilor
(Sgd.) HON. CORAZON A. CORTEZ Councilor	(Sgd.) HON. KIMBERLY ANN DV. GALANG Councilor
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO Councilor	(Sgd.) HON. CRISSHA M. PINEDA Councilor
(Sgd.) HON. JENNIFER PINGREE-ESPLANA Councilor	(Sgd.) HON. KRISTIAN ROME T. SY Councilor
(Sgd.) HON. RAMON L. ENCARNACION Councilor (President, League of Barangays)
	ATTESTED:
	(Sgd.) FLAVIO C. DIAZ Secretary
CERTIFIED CORRECT:
(Sgd.) HON. ERIC M. MARTINEZ City Vice Mayor Presiding Officer
APPROVED:
(Sgd.) HON. REXLON T. GATCHALIAN City Mayor Date Signed: _______________________