SUPPORTS ITEM NO. 1
                                                CS&B AGENDA
                                                JANUARY 9, 1997    


                             ADMINISTRATIVE REPORT

                                                   Date:  December 27, 1996


   TO:       Standing Committee on City Services & Budgets

   FROM:     City Treasurer & Collector and the
             General Manager of Engineering Services

   SUBJECT:  Local Improvement Charges - Akali Singh Sikh Temple


   INFORMATION AND CONSIDERATION

        The City Treasurer and General Manager of Engineering Services
        submit this report for INFORMATION.  

   GENERAL MANAGER'S COMMENTS

        The General Manager of Corporate Services notes that this report is
        submitted for information.  In order to assist Council in arriving
        at a conclusion to this matter, after hearing the delegation from
        the Akali Singh Sikh Society, I submit the following actions for
        Council CONSIDERATION:

        A1.  THAT Council advise staff to continue to bill the Akali Singh
             Sikh Society for the annual local improvement charges in the
             amount of $10,764.56, representing the Pavement, Curb, Tree
             and Sidewalk work completed in 1994 as described in this
             report, in accordance with the terms agreed to at the outset. 
             These terms commit the Society to pay the entire cost of these
             projects on behalf of all the benefitting property owners.

                                      OR

        A2.  THAT Council advise staff to bill the Akali Singh Sikh Society
             in accordance to what their share ($9,502.16) of the annual
             local improvement charges would have been had the projects
             received the appropriate approvals to proceed with the
             Pavement, Curb, Tree and Sidewalk work completed in 1994, with
             the balance of the annual costs being absorbed as a City cost.

                                      OR

        A3.  THAT Council absorb all of the annual local improvement
             charges in the amount $10,764.65 for the Pavement, Curb, Tree
             and Sidewalk work completed in 1994 as a City cost,
             recognizing that this amount would otherwise accrue to the
             account of the Akali Singh Sikh Society.

        B.   THAT Council take no action on the local improvement charges
             payable by the Akali Singh Sikh Society for the pavement and
             curb work added to the tax roll in 1987 in the annual amount
             of $211.09, and that the City continue to bill those charges
             to the Society for the remainder of the 15 year term which
             expires in the year 2001.

        I RECOMMEND approval of A1. and B.

   COUNCIL POLICY

   Policies governing the local improvement process are set out in the
   Vancouver Charter and Local Improvements Procedures By-law.  
   Specifically, charitable societies or non-profit groups whose properties
   are exempt from property taxes under Section 396 still remain assessable
   for local improvement charges.      

   Council does not have a policy or practice of giving grants in the
   amount of local improvement charges.


   PURPOSE

   A sub-committee of the Akali Singh Sikh Temple management committee has
   requested to appear as a delegation regarding the outstanding and future
   years' local improvement charges that are levied against the Temple
   property at 1890 Skeena Street.   This report outlines the history of
   these local improvements and charges assessed for curbing, pavement and
   trees and a second project for sidewalk reconstruction on Skeena Street
   adjacent to the Akali Singh Sikh Temple. 

   DISCUSSION

   In 1993, the Akali Singh Sikh Society which owns the property on the
   east side of Skeena Street from 2nd Avenue to 5th Avenue, requested that
   the street be improved with curbing, pavement and trees.  This project
   was petitioned for in the normal manner. However, the single family
   residential property owners on the west side of the project were not
   willing to contribute towards the local improvement.   Normally the
   project would not proceed however, the Akali Singh Sikh Society stated
   that it was willing to contribute funding for the property owners' share
   on the west side of the project, also, in order for this work to
   proceed.  This funding would be in addition to funding for their
   property on the east side of the project.  The property owners on the
   west side of the project were notified of this arrangement and no
   objections were received.

   In order for the property owned by the Akali Singh Sikh Society to be
   assessed for the full property owner's share of this project, it was
   necessary that Council formally deem it to be the sole benefitting
   property.   A letter was requested and received  (copy attached)  from
   the secretary of the Akali Singh Sikh Society on May 12, 1993,
   confirming that the Society was willing to pay the cost on behalf of all
   the property owners on this project.   On this basis, Council approved
   on May 18, 1993, that this project be brought before a Court of
   Revision.

   At the Court of Revision held on June 22, 1993, no objection or comment
   was received from the Akali Singh Sikh Society and the project was
   approved for construction.

   The Akali Singh Sikh Society also petitioned for a sidewalk improvement
   along the same section of Skeena Street adjacent to their property. 
   This project also went to the Court of Revision and was approved.

   The Society was informed that their estimated share of the pavement,
   curb and tree installation project cost was estimated to be $58,025.18
   and that their share of the sidewalk project cost was estimated to be
   $30,323.00.  It was noted that these were estimates and that their final
   costs would not exceed these estimates by more than ten percent.

   Construction commenced in 1993, but due to poor soils conditions along
   the section of Skeena Street, the work was not completed until 1994.  
   The street and sidewalk was certified as complete in 1994 and the Akali
   Singh Sikh Society was billed for the work in early 1995.

   A comparison of the estimated and actual costs billed are, as follows:
                            Estimated Cost      Actual Cost Billed

   Pavement/Curb/Trees         $58,025.18             $59,653.63
   Sidewalk                     30,323.00              24,613.91

   TOTAL                       $88,348.18             $84,267.54


   When local improvement project costs are originally billed, the property
   owner may commute (ie. pay) the actual cost at that time.  If the
   deadline expires without payment, then the costs are transferred to the
   tax roll for the term of the Local Improvement Bylaw.  In this case,
   since no payment was received from the Society, the charges were added
   to the 1995 tax roll and financed over a 15 year term ending in 2009, in
   the following amounts:
   Pavement, Curbs & Trees     $ 7,620.38 annually
   Sidewalk                      3,144.27 annually

   TOTAL                       $10,764.65

   These annual charges were added to the tax roll in 1995 and no payment
   has been received from the Society.  These amounts are now outstanding
   along with penalty and interest charges.  In addition, the Society has
   been paying for another pavement and curbs assessment, the annual amount
   of $211.09 was added to the tax roll in 1987 with a 15 year term to the
   year 2001.  This local improvement charge is also outstanding since
   1995.

   The total outstanding amount on the tax account is currently $24,693.64.

   The Akali Singh Sikh Society is exempt from property taxes per Section
   396 (1)(c)(iv) of the Vancouver Charter, but is assessable for Local
   Improvement charges per Section 504.   Once these charges are added to
   the tax roll, they are subject to the same penalty and interest charges
   as property taxes until payment is received.   Council does not have a
   policy or practice of giving grants in the amount of local improvement
   charges.

   Over the past year, staff have been in contact with the Society at
   various times to discuss details about the outstanding charges on the
   tax account, including the mailing addresses, penalty dates, any grant
   procedures, etc. with the intent of assisting the Society meet its
   financial obligation to the City.

   The Society now wish as a delegation to meet with Council regarding the
   outstanding and subsequent future years' local improvement charges. 
   These outstanding charges will eventually go to tax sale for collection.

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