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Present:
All Present.
AN ORDINANCE
ENACTING A CODE FOR THE PROMOTION, DEVELOPMENT AND
INSTITUTIONALIZATION OF ARTS, CULTURE AND TOURISM IN THE
MUNICIPALITY OF BUSTOS, BULACAN, PROFESSIONALIZING THE
COUNCIL FOR TOURISM, ESTABLISHING THE RULES AND
REGULATIONS GOVERNING TOURISM INDUSTRIES AND ACTIVITIES,
PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND FOR
OTHER PURPOSES
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WHEREAS, the Municipal Government shall play an active role in
pursuance thereto; hence, the provision of the Local Government Code of 1991,
as prescribed in Section 447 (5) (xvi), that the Sangguniang Bayan shall “establish
a municipal council whose purpose is the promotion of culture and the arts,
coordinate with government agencies and non-government organizations and,
subject to the availability of funds, appropriate funds for the support and
development of the same”;
ARTICLE I
GENERAL PROVISIONS
(c) The Municipal Government shall, in pursuance of national and local interests
and cultural development, encourage the development of culture and the arts,
and provide a system of recognition and reward of artistic performances,
productivity and creativity within the context of government, and acknowledge
the contribution of artists in community-building.
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Section 3. PURPOSES. ― This Code is intended to:
4. Promote culture and the arts both as a tool for cultural identity and
as an industry by creating venues to highlight the best in Bustos
arts and crafts, thus awakening pride of heritage and, eventually,
strengthening related industries;
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2. Council – refers to the Arts, Culture and Tourism (ACT) Council as
provided in this Code.
ARTICLE II
INSTITUTIONAL MECHANISMS
1. Ex-officio members:
2. Appointive members:
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e. One (1) member shall be from the performing arts area of
expertise, inclusive of theatre, drama, cinematic arts, music,
dance and such other related disciplines, who has acquired
experience in the practice of his/her profession for at least three
(3) years;
f. One (1) member shall be from the visual arts area of expertise,
inclusive of sculpture, fashion design, painting and such other
related disciplines, who has acquired experience in the practice
of his/her profession for at least three (3) years;
h. One (1) member shall be from the literary arts area of expertise,
inclusive of prose, poetry, creative writing and such other
related disciplines, who has acquired experience in the practice
of his/her profession for at least three (3) years; and
(b) Appointive members of the Council must be Filipino citizens, residents of the
Municipality of Bustos, Bulacan, of good moral character, and known for
patriotism, integrity and volunteerism.
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during the allotted time for the submission of application no
person shall have applied for an appointive membership in the
Council satisfying the requirements stated in Section 6, the
Municipal Mayor may encourage and invite persons to apply
for appointive membership in the Council.
(b) The process herein stated shall apply to all cases of vacancies in the
membership of the Council.
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Section 12. COUNCIL ACTIONS. ― All official actions and decisions of the
Council shall be in writing and expressed through resolution duly signed by the
majority of approving members present in the meeting there being a quorum.
Section 14. OFFICERS OF THE COUNCIL. ― (a) The Council shall elect
from among its appointive members a President, a Vice-President, and a
Secretary and such other officers as it may deem necessary, all of whom shall
serve for a term of one (1) year and shall not serve for more than two (2)
successive terms.
(b) The President shall preside at all meetings of the Council. When presiding,
he/she may apply such rules of order as he/she may deem appropriate.
(c) In the absence of the President, the Vice-President shall preside at the meeting
of the Council.
(d) The Secretary shall keep legible minutes of every meeting and all official
documents of the Council.
1. Adopt rules for the conduct of its meetings and such other systems
and procedures to expedite its business;
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9. Provide art education to the communities especially those whose
poverty hinders them to gain access to professional and technical
learning of the arts;
13. Ensure that artists and cultural workers take part in the
formulation of artistic and cultural policies in the spirit of
collaborative leadership and participatory governance;
20. Oversee the broad range of tourism-related matters that affect the
economic and general welfare of the citizens in order to ensure that
visitors and tourists can enjoy the historic, environmental and
cultural aspects of the Municipality; and
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21. Accomplish all duties and perform all functions necessary to carry
out the provisions of this Code.
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1. Initiate studies and make policy and project recommendations in
their respective areas for consideration of the Council;
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(b) The Executive Director shall be appointed by the Council based on open
nominations. Appointments shall be made after meeting and due deliberation of
the Council sitting as a collegial body. The Council shall determine the
procedures on the selection and appointment of the Executive Director.
(c) The appointment of the Executive Director shall NOT be subject to attestation
by the Civil Service Commission.
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ARTICLE III
ARTS AND CULTURE
Section 24. POLICY. ― (a) The right to culture must not be limited to the elite.
This right must be democratized to build a caring and sharing community,
harnessing the participation of the poor and the marginalized groups through
relevant arts education.
(b) The Municipal Government shall accord due recognition to artists and their
work, support and encourage the development of arts and culture, and provide a
system of rewards and recognition of artistic performance, productivity, and
creativity.
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determine. Funds for such entitlement shall come from revenues of projects and
productions of the Council, fees from acquiring Artists and Cultural Workers
Certificates, and grants or donations.
(b) The rights established herein shall be exercised without any interference or
coercion. It shall be unlawful for any person to commit any acts of discrimination
against artists which are calculated to:
3. Prevent an artist from carrying out the duties laid upon by the
position in the organization, or to penalize one for an action
undertaken in that capacity; and
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and a system of rewards and recognitions to encourage membership in the
federation.
ARTICLE IV
HERITAGE PRESERVATION
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2. Council designation for individual historic resources – The Council
may, by resolution, designate a building, site, or structure as
historic resource. Owners of said property shall be notified prior to
the meeting of the Council in which the designation of such
property is calendared for discussion. At said meeting, members of
the Council, owners, and other interested parties may present
testimony or documentary evidence that will form part of a record
regarding the historic, architectural, or cultural importance of the
proposed historic resource. Property owners may exclude their
property from historic designation by written notice to the Council
within ten (10) days after the Council has designated, through
resolution, that such building, site, or structure is a historic
resource.
Section 37. FAILURE TO MEET CRITERIA. ― Property that does not meet
historic designation criteria contained in Section 35 shall not be considered in any
designation process.
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Section 41. CERTIFICATE OF APPROPRIATENESS; APPLICATION,
REVIEW AND PROCESS. ― Prior to the commencement of any work requiring
a Certificate of Appropriateness, the property owner shall file an application for
such Certificate with the Council. The Council, if requested, shall aid the
property owner in preparation and completion of the application. The
application form shall contain the following:
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4. Any available historic records of the building, such as drawings or
photographs;
(b) The Council shall review the application within sixty (60) days, during which
time it shall consider the state of repair in the building, reasonableness of the cost
of restoration or repair as against to demolition or removal, the existing or
potential usefulness, the purpose behind preserving the structure as a historic
resource, the character of the neighborhood, and all other factors it finds
appropriate. If the Council determines that, in the interest of preserving historical
values, the structure should be preserved, it shall notify the municipal building
official that the application has been disapproved. If disapproved, no demolition
of the property shall be allowed.
(b) Any such property falling into the condition described in paragraph (a)
hereof shall be considered “Demolition by Neglect.” All notices for demolition
by neglect shall be issued in writing by the Council. A copy of such notice shall
be filed with the municipal building official.
(c) Examples of such deterioration shall include, but are not limited to, the
following:
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7. Deterioration of ornamental features.
ARTICLE V
TOURISM
1. Accommodation services;
2. Resorts and public baths;
3. Tourist transportation, tour guides and travels;
4. Tourism information and advertising services;
5. Leisure activities;
6. Sale of souvenirs and gifts to tourists;
7. Tourism sports;
8. Vocational training schools for tourism; and
9. Any other tourism related services.
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Section 51. STANDARDS IN ISSUING TOURISM LICENSES. ― The
Council shall determine standards and other criteria for each type of tourism
license designed to establish, improve and maintain the quality of tourism
services in the Municipality. Such standards and criteria shall include: location of
the business, types of equipment and vehicles, and the qualifications, experiences
of the operators and key personnel. In general, all tourism-related businesses
shall comply with a common standard, generic for all types of tourism-related
businesses and may differ only with respect to the specific features of each type
of activity. In case any requirement shall be approved as a legal fulfillment by
another office or agency, the Council shall recognize that the operator has
fulfilled said requirement.
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(b) In making any cancellation or suspension of a tourism license, the Council
shall provide the licensee a one (1) month prior notice specifying the reasons for
such action.
(c) In the event that the continuing operation of a tourism-related business poses
an imminent and serious risk to health, morality, safety or security of the public,
the Council shall immediately suspend or cancel the tourism license without
prior notice; nevertheless, the Council shall notify the licensee within seven (7)
days after making such decision, specifying as well the reason for such action.
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5. When in the course of the inspection, the inspector discovers or has
reasonable ground to believe that there has been a violation of a
criminal law, other than the provisions of this Code; he/she shall
immediately report the same to the competent law enforcement
authorities so appropriate action can be undertaken.
(b) Only tourism operators who have been awarded with the “Tatak Galing,
Tatak Bustos” shall have right to affix this label onto their products,
establishments or services.
(c) Holders of the “Tatak Galing, Tatak Bustos” may receive supplemental
privileges and incentives from the Municipal Government in priority to other
tourism operators, such as, inter alias:
ARTICLE VI
OTHER PROVISIONS
1. Street dance;
2. Theatrical performances and art showcases;
3. Fairs and exhibits;
4. Minasa exhibit;
5. Minasa kite-flying competition in which kites are designed after
minasas; and
6. Baking of the largest Minasa in the world for inclusion in the
Guinness Book of World Records.
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Section 61. DAMBUHALANG SAYA PROGRAM. ― The Council shall
formulate a sustainable and long-term investment program for the creation of the
Dambuhalang Saya Program inclusive of which is the beautification of the Bustos
Dam, engagement of private investors to establish businesses within the area,
and establishment of recreational sports and water facilities therein.
4. Ostrich farms and areas that are habitats to rare or exquisite natural
resources of flora and fauna.
ARTICLE VII
FINAL PROVISIONS
(b) The Council shall maintain all of its revenues in a banking institution the
Council shall designate, and withdrawals shall be made through Council
resolutions. The signatories for the withdrawal of funds shall be the President,
the Secretary and the Executive Director.
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Sangguniang Bayan annually the necessary budget estimates as subsidy of the
Municipal Government.
LUIS S. DE GUZMAN
Secretary
ATTESTED:
TEODORICO S. GERVACIO
Acting Municipal Mayor
Note: This Code was transmitted for approval by the Sangguniang Bayan to the Office
of the Acting Municipal Mayor on 31 March 2008. The term of the Acting Municipal
Mayor ended on 07 April 2008 at the same time that the incumbent Municipal Mayor
returned to office as local chief executive with the inherent power to approve this Code.
CARLITO D. REYES
Municipal Mayor
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CERTIFICATION
Municipal Ordinance No. 22 entitled “An Ordinance Enacting a Code for the
Promotion, Development and Institutionalization of Arts, Culture and Tourism
in the Municipality of Bustos, Bulacan, Professionalizing the Council for
Tourism, Establishing the Rules and Regulations Governing Tourism Industries
and Activities, Prescribing Penalties for Violation Thereof, and for Other
Purposes” was passed by the majority of the Sangguniang Bayan Members in
attendance on the 24th of March 2008 and transmitted to the Office of the Acting
Municipal Mayor on the 31st of March 2008.
The term of the Acting Municipal Mayor, who, at that time, was devolved with
the power to approve said Code, ended on the 6th of April 2008, thereby the
power of approval was restored to the incumbent Municipal Mayor.
On the 11th of April 2008, said Code was returned to the Sangguniang Bayan
without signature of the Local Chief Executive, eleven (11) days succeeding the
submission of the Sangguniang Bayan to the latter’s Office.
LUIS S. DE GUZMAN
Secretary
Sangguniang Bayan
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