SUPPORTS ITEM NO. 1  
                                                      CS&B COMMITTEE AGENDA
                                                      JUNE 27, 1996        


                                  POLICY REPORT
                                     FINANCE   

                                                        Date:  May 28, 1996


     TO:       Standing Committee on City Services and Budgets

     FROM:     Director of Finance, in consultation with
               the Director of Central Area Planning

     SUBJECT:  New Trade and Convention Centre Facilities -
               Property Tax Implications



     CONSIDERATION

          A.   THAT City Council support the principle that the proposed
               Trade and Convention Centre under consideration for downtown
               Vancouver not be required to pay property taxes.

          If Council approves Consideration Item A, the following are
          RECOMMENDED:


          B.   THAT the property tax exemption apply only to the floor area
               utilized for the new trade and convention facility and not
               apply to the floor area used for commercial, retail, hotel
               or other space deemed ancillary to the direct operation of
               the facility.

          C.   THAT City Council request that the Provincial Government
               take the necessary legislative action to achieve this tax
               exemption.

          D.   THAT the City Project Manager notify the Provincial
               Government and the new trade and convention centre
               development proponents (Concord Pacific Develop-ments,
               Greystone Properties, and Marathon Realty) of the foregoing.


     GENERAL MANAGER'S COMMENTS

          The General Manager of Corporate Services submits A for
          CONSIDERATION.  Should Council approve A then B, C and D are
          RECOMMENDED.






     CITY MANAGER'S COMMENTS

          The development of expanded convention centre facilities in the
          City will have a significant economic benefit, which falls
          primarily to the local economy and to senior governments through
          increased activity and new tax revenue.  The City will not share
          directly in these benefits.  However, in proceeding with the
          facility, the developer will pay all of the related
          infrastructure and ancillary public amenity costs so that there
          will also be no direct costs involved for the City.  Moreover, it
          is not anticipated that the City will require additional public
          realm benefits, although individual developers may choose to
          provide these through the development proposal or rezoning
          processes.  Support for a property tax exemption for the new
          facility is a tangible and meaningful way for Council to
          participate in the project and the City Manager therefore
          RECOMMENDS approval of A, B, C and D.


     COUNCIL POLICY

     There is no direct Council policy related to the taxation of the
     proposed new trade and convention facilities.

     Section 396 of the Vancouver Charter limits property tax exemption to
     properties of the City and Crown, charitable institutions, certain
     learning institutions and eligible heritage properties.

     In 1981, when dealing the proposed convention centre development at
     Pier B/C, Council agreed to exempt the centre from property taxes or
     senior governments from paying a grant- in-lieu of taxes.  The
     exemption from taxes was limited to the trade and convention facility
     only and did not extend to ancillary uses.


     PURPOSE

     The purpose of this report is to provide Council with information
     about property tax issues arising from the development of the proposed
     trade and convention facility in downtown Vancouver and to seek
     Council consideration of a property tax exemption for those
     facilities.

     City Council is reviewing this matter at this time because the three
     proponents (Concord Pacific Developments, Greystone Properties and
     Marathon Realty) are proceeding to Stage Two of the New Trade and
     Convention Facilities Review Program and will be required to prepare
     financial proposals as part of their submissions, including property
     tax implications.


     BACKGROUND

     The Vancouver Trade and Convention Centre (VTCC) at Canada Place is
     situated on a federally-owned parcel and is operated by a provincial
     Crown corporation, B.C. Pavilion Corporation.  Amendments to the
     British Columbia Enterprise Corporation Act were enacted in 1987
     giving the B.C. Pavilion Corporation Crown agent status with all
     immunities enjoyed by the Crown.  This ensured that the property of
     the corporation would be exempt from property taxation and the payment
     of grants-in-lieu of taxes.  As a result, the existing trade and
     convention facility at Canada Place pays neither property taxes nor
     grants-in-lieu of taxes.

     This exemption does not extend to other facilities at Canada Place.
     For example, the Pan Pacific Hotel pays full property taxes and,
     although it is exempt from taxes by virtue of its federal ownership,
     the Port Corporation does make a payment-in-lieu of property taxes to
     the City related to the cruiseship terminal.  This arose from an
     agreement among the City of Vancouver, Pier B/C Development Board and
     the National Harbours Board.

     Other properties in Vancouver accommodating trade and convention
     activities have varying property tax status:

        - B.C. Place is operated by B.C. Pavilion Corporation and pays
          neither property taxes nor grants-in-lieu of taxes.

        - GM Place and the Ford Theatre are owned and operated by
          private corporations and pay full property taxes.

        - Simon Fraser University (Downtown Campus) would have been
          required to pay property taxes because it is a lessee on
          privately-owned land.  However, an amend-ment to the
          Vancouver Charter, Section 396(1)a(vi), was made in the late
          1980s to exempt this facility and its convention space from
          property taxes.  Beginning in 1995, Simon Fraser University
          began a token payment of grants-in-lieu of municipal
          property taxes under instruction from the Province.

        - Trade and convention facilities operated in hotels are fully
          taxable.


     DISCUSSION

     City Council has confirmed that it will not make a direct financial
     contribution to the proposed new trade and convention facility.
     However, Council could indicate its support for the project by
     agreeing to a property tax exemption for the facility.  This would
     provide the new convention centre with a significant operating cost
     savings and give it the same property tax treatment as the existing
     convention centre located at Canada Place.

     1.   Rationale for a Property Tax Exemption

     Council s decision not to provide a direct capital contribution to the
     proposed new trade and convention centre was based on the fact that
     the City will receive no direct financial return from the development. 
     Unlike the case of the federal or provincial governments, the City
     does not count among its sources of revenue any of the various taxes
     that the centre will generate nor does the City levy any non-tax
     charges beyond those for cost-recovery activities that arise as a
     result of its regulatory or service provision roles.  Moreover, the
     City will be in a position of providing tax-supported municipal
     services to the centre whether or not property taxes are paid.

     However, there is no question that additional trade and convention
     facilities will provide a broader public benefit to the community in
     which the City will share.  For example, increased tourism will result
     in better opportunities for business and employment.  There will be
     the demand for additional hotel, restaurant and other commercial space
     that will benefit residents, as well as visitors, and have the
     potential to generate additional property taxation revenue to support
     a range of municipal activities.  It is the availability of these
     benefits against which Council should consider the exemption of any
     new facilities from property taxation.

     In addition to acknowledging these indirect benefits and to providing
     a significant operating cost saving for the operator, Council support
     for a property tax exemption for the proposed site would also have the
     advantage of placing the new and old facilities on the same footing
     with respect to municipal property tax.

     Dealing with a property tax exemption at this stage of the proposal
     review process is difficult because there are a variety of possible
     ownership and operating arrangements, each with different implications
     for property taxes.  For example, a facility owned and operated by the
     federal or provincial government would be exempt from property
     taxation by virtue of the involvement of the Crown.  In this case,
     payments-in-lieu of taxes would depend on the willingness of the
     senior government to pay them.  

     However, an equally likely scenario would see the facility owned
     and/or operated by a private company either on public or privately
     owned land.  In these scenarios the facility would likely be taxable. 
     While it is premature to determine the assessed values and taxes
     payable for any of the trade and convention centre proposals,
     preliminary analysis suggests those costs could be in the range of
     $4.0 million to $8.0 million (1996) annually, depending on the site
     chosen for the facility.  Of this amount, approximately 55% ($2.2
     million to $4.4 million) would be for municipal taxes with the balance
     due for schools and regional levies.  If payments-in-lieu of taxes
     applied, the costs to the development would be similar.

     If the new facility qualifies for a tax exemption because it is owned
     and operated by a senior government, Council could agree to waive
     payments-in-lieu of property taxation.  In the case of a taxable
     operator, Council does not currently have the legislative authority to
     provide a permanent property tax exemption.  The result would be a
     situation in which the municipal portion of the property tax bill
     would have to be waived annually, likely by means of a grant requiring
     approval of two-thirds of Council.  In both of these situations, only
     the municipal share of the tax bill could be waived, the balance being
     under the control of the other taxing authorities, most notably the
     provincial government for school purposes.

     If Council supports the creation of a similar property tax environment
     for the proposed trade and convention centre as exists for the VTCC at
     Canada Place, the most appropriate way to achieve it would be to
     request legislative action by the provincial government.  This could
     come in the form of an amendment to the Vancouver Charter, as was the
     case with Simon Fraser University, or through passage of special
     purpose legislation, as was the case with the B.C. Pavilion
     Corporation.  This course of action is recommended if Council agrees
     to tax exempt status for the project.


     2.   Property Taxes During Construction

     An issue closely related to the property tax exemption for the
     proposed projects is the application of property taxes during
     construction of the new centre.  Currently, all three sites are either
     taxable (Concord and Marathon) or are subject to payments-in-lieu of
     taxes (Greystone).  These payments will continue until such time as
     the proposed provincial legislative action is completed, perhaps
     including the period during construction.  As with the longer term
     exemption put for consideration in this report, Council support should
     be exercised by encouraging the province to deal with this issue early
     in the process.  Should appropriate legislative action not precede
     construction, staff will report back to Council on it options to free
     the developer from its municipal tax bill.


     3.   Other Facilities at the New Trade and Convention Centre

     Each of the proposed new convention centres includes a variety of
     ancillary uses related to the development, including hotels,
     commercial and retail space and/or cruiseship facilities.  If Council
     supports tax exemption for the convention centre itself, these
     ancillary facilities should be excluded from that exemption even if
     they share an operator with the convention facilities.  This ensures
     these commercial operations will be dealt with on a basis consistent
     with the hotel, retail and commercial operations elsewhere in the City
     and with the existing VTCC at Canada Place.


     4.   Other Related Issues

     a)   Payment of Utility Fees

     While a property tax exemption may be a consideration for the proposed
     trade and convention centre, there is no justification for extending
     this exemption to utility (sewer, water and other) fees.  These are
     charges imposed on users for the actual costs of using utility systems
     rather than for the general support of municipal services as is the
     case for property taxes.  These costs are currently paid by the VTCC
     and should extend to the new facility.


     b)   Regional Development Cost Charges

     The Greater Vancouver Sewerage and Drainage District is awaiting new
     provincial legislation that would allow collection of a regional
     development cost levy on all new development to offset the costs
     associated with some regional capital works.  This charge is
     anticipated to be in the range of $0.50 - $1.00 per sq. ft. for
     commercial development and should apply to the new trade and
     convention centre.


     FINANCIAL IMPLICATIONS

     Each of the three sites under consideration currently pays either
     property taxes or a grant-in-lieu of taxes.  Offering an exemption
     from property taxes would result in an immediate loss of tax revenue
     for the City.  Currently the three sites under consideration pay
     annual general purpose property taxes in the amount of $300,000 -
     $500,000 respectively.
      
     With build-out of the new centre, the value of this tax exemption
     increases.  For example, the trade and convention centre at Canada
     Place currently has an assessed value that would translate to
     approximately $2.7 million in property taxes, of which $1.5 million
     would be general purposes taxes.  
     As noted above, property taxes on the proposed convention centre
     facilities could range from $4.0 - $8.0 million (1996) annually,
     depending on the site chosen for the facility and the level of
     development.  If the full tax exemption is provided, the City will
     forego general purposes taxes in the range of $2.2 million to $4.4
     million annually depending on the site chosen and the extent of the
     development involved.


     CONCLUSION

     Council support for an exemption from property taxes represents a
     significant financial contribution to the success of the new trade and
     convention centre.  The City will forego revenue yet be obligated to
     provide normal municipal services.  While it is premature to respond
     to each potential ownership and operational outcome, Consideration A
     and Recommendations B, C and D attempt to ensure that all proponents
     receive equitable treatment on property taxes.
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