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Opposition dads to bring up Agora BOT at City Council

February 5, 2009

By Lizanillla J. Amarga

Opposition city councilors said they expect more than fireworks this Monday as they vowed to question the legality of the P250 million Build-Operate-Transfer (BOT) contract of the Agora Integrated Bar Terminal as during their regular City Council session Monday.

Also, they said they will even raise matters pertaining to the financial capacity of the project proponent Mega Farm Crop. to undertake the project and on there might eventually be two eastbound bus terminals in the city.

In an interview with Gold Star Daily, city councilors Roger Abaday and Teodulfo Lao said yesterday that they are ready with their arguments against the P250 million BOT contract signed by City Mayor Constantino Jaraula and Mega Farm Corp. president Erwin Bryan See last week.

“We are readying ourselves because there is going to be more than fireworks! We expect it even to be a bomb,” Abaday said.

Lao said they will raise how Jaraula did not have any authority to sign the BOT contract under Republic Act 7160 or the Local Government Code and even Republic Act 7714 or the BOT Law.

He said they will also inquire as to the submission and completeness of the documents presented by Mega Farm Corp and whether all the requirements under the BOT law and other pertinent laws have been complied with by the project proponent.

“We expect fireworks from the administration city councilors but we hope that they will go above their partisanship and look into how this will severely affect not just our City Government’s coffers but the lives of our constituents,” he said.

Lao said they will also raise the matter of how there is a letter request submitted by James Giam last December 5, 2008 asking for permission to construct another bus terminal adjacent to the Gusa Eastbound Terminal at Gusa this city.

He said that the Supreme Court has ruled under Lucena Grand Central Terminal, Inc. and JAC Liner, Inc. GR No. 148339, Feb. 23,2005 that a Local Government Unit (LGU) cannot dictate and force private bus operators on which bus terminal to use as such is an invalid exercise of police power.

Pursuant to this Supreme Court order and transportation laws, Lao presented a copy of Department of Transportation and Communications (DOTC) Department Order No. 2008-24 which provides the guidelines in the enactment by the Local Government Units of ordinances, orders, rules and regulations concerning public transportation.

The order states that “LGUs cannot compel, directly, or indirectly, operators/drivers with existing private terminals to use the public transport terminals established or designated by LGUs.”

Also, that “vehicles merely passing through cannot be compelled to use the public transport terminals established or designated by LGUs” and that “LGUs cannot encroach upon property rights and legitimate use thereof.”

Furthermore, the DOTC order states that “LGUs cannot close down existing private terminals or curtail the operation of said terminals for the purpose of using the public transport terminals established or designated by the LGUs”.

Lao said the City Government will be violating this Supreme Court ruling and even sending a wrong signal to willing investors should it deny Giam’s request to construct another bus terminal be denied.

“Thus, it would mean we will now have two bus terminals and this will be a result of a signing of BOT without conducting proper studies to it,” he said.

He added that bus operators and owners would opt to use Giam’s bus terminal as it would be offered free of charge while the IBT at Agora will charge P75.00 per bus departure.

Written by admin · Filed Under Cagayan de Oro 

Comments

One Response to “Opposition dads to bring up Agora BOT at City Council”

  1. abs on July 26th, 2010 3:21 am

    bugo on man guro ning admin ani..jobs lang unta tanan dapat pag click sa pagitaon naa unta dli kay daghan pa advertisement. amaw man guro ni maypa wala on ni nimo.

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