Tax accounts: 148-9384 Lane Pavement

RESOLUTION

MOVED by Councillor

SECONDED by Councillor

PREAMBLE

On June 12, 2001, Council approved a Council initiated lane pavement project (the "project").

The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.

On July 27, 1976, Council approved giving special relief with respect to lane paving local improvements where properties are used residentially but zoned for higher use, with the relief to be such that they pay only one-half of the rate for their zoning, to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement, to be given on a year-to-year basis as long as the properties remain eligible, and to commence with projects placed on the tax roll in 1977; and instructed the Collector of Taxes to bring forward each year the list of properties in a formal resolution under Section 67 of By-law No. 3614, as amended, to give effect to the foregoing policy.

On October 16, 1982, Council approved current policies for local improvements remaining in effect except that property owners' rates must never be adjusted lower than residential rates.

On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of 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.

On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will 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 will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.

On April 22, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".

On July 16, 1990, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for 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.

The annual special rate levied by the by-law imposing the local improvement tax expires in 2017.

Those certain parcels of real property described as:

abut the project.

The owner of each of Lot 43, Lot 38, Lot 36, Lot 35, Lot 34, Lot I, Lot 64, Lot 65, Lot 66, Lot 68, Lot 71, Lot 76, and Lot 78 (collectively "the lots") has applied for special relief by way of a reduction in taxes.

The zoning for the lots is RM-4N (Multiple Dwelling) under the Zoning and Development By-law.

The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, the lots are eligible for the relief requested.

A special annual assessment for the project imposed on each lot for 15 years if assessed as RM-4N (Multiple Dwelling) would be $177.67 for Lot 43, $177.67 for Lot 38, $177.66 for Lot 36, $177.67 for Lot 35, $177.67 for Lot 34, $317.38 for Lot I, $177.67 for Lot 64, $177.67 for Lot 65, $177.67 for Lot 66, $177.67 for Lot 68, $177.67 for Lot 71, $177.67 for Lot 76, and $177.68 for Lot 78.

THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:

NOTE: PASSAGE OF THIS RESOLUTION REQUIRES THE AFFIRMATIVE

I, Syd Baxter, 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 June 10, 2003.

City Clerk

EXPLANATION

Special Relief Resolution

This special resolution is pursuant to section 508(r) of the Vancouver Charter which provides that Council, by a two-thirds vote, shall deem and declare, for reasons to be set out in the resolution, that certain properties especially inequitably or unjustly affected by any tax imposed against the property, may be afforded tax relief by way of a tax reduction for such properties.

Director of Legal Services
June 10, 2003

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