162-3172
162-3248
162-3255
162-3453

Pavement, Curbs and Trees
44th Avenue from

St. George Street to Fraser Street

R E S O L U T I O N

MOVED by Councillor

SECONDED by Councillor

WHEREAS a pavement, curbs and trees project on 44th Avenue from St. George Street to Fraser Street (hereinafter called the "project") was advanced as a local improvement by petititon to a Court of Revision on February 3, 1998 and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby;

AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed;

AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows:

"THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows:

the relief to be such that the owners pay only seventy-five percent of the rate for their zoning;

the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement;

the relief to be given on a year-to-year basis so long as the properties remain eligible;

the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time;

the Collector of Taxes be instructed to bring forward each year the list ofproperties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy.";

AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows:

"THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates.";

AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows:

"THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.";

AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows:

"B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void.";

AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects";

AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows:

"(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983";

AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2013;

AND WHEREAS Lot 5, Block 3, District Lot 645, Plan 2317 (hereinafter called "lot 5") abuts the project and contains an owner-occupied single family dwelling;

AND WHEREAS Lots 31 and 46, both of Block 2, District Lot 645, Plan 2317 (hereinafter called "lot 31" and "lot 46" respectively) abut the project and each contains an owner-occupied single-family dwelling;

AND WHEREAS Lot 42, Block 2, District Lot 645, Plan 2317 (hereinafter called "lot 42) abuts the project and contains a multiple conversion dwelling with two dwelling units one of which is owner-occupied;

AND WHEREAS the owners of lots 5, 31, 42 and 46, hereinafter collectively called the "lots", have applied for special relief by way of a reduction in taxes;

AND WHEREAS the lots are zoned RM-2 (Multiple Dwelling District) under the Zoning and Development By-law;

AND WHEREAS the Collector of Taxes is satisfied that the lots are eligible, under the provisions of the resolutions of Council cited herein, for the relief requested;

AND WHEREAS a special annual assessment for the said project imposed on the lots for a period of fifteen (15) years if assessed as RM-2 (Multiple Residential District) would be $395.20 for lot 5, $395.20 for lot 31, $395.19 for lot 42 and $392.80 for lot 46;

BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lots are especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1999 and each subsequent year up to and including 2013 of $296.39 for lot 5, $296.39 for lot 31, $329.32 for lot 42 and $294.60 for lot 46 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the amount of the reduced special assessment. The difference between the said amounts shall be provided out of the general funds of the City.

NOTE: EIGHT AFFIRMATIVE VOTES REQUIRED

I, Ulli S. Watkiss, City Clerk of the City of Vancouver, hereby certify that the foregoing is a true and correct copy of a resolution of the Council of the City of Vancouver, passed on the day of , 1999.

CITY CLERK

(c) 1998 City of Vancouver