162-3248

Lane Paving
lane south of 44th Avenue from St. George
Street to 132 feet west of the lane west of Fraser Street

R E S O L U T I O N

MOVED by Councillor

SECONDED by Councillor

WHEREAS a lane paving project in respect of a lane south of 44th Avenue from St. George Street to 132 feet west of the lane west of Fraser Street (hereinafter called the "project") was advanced as a local improvement by petition 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 27, 1976, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:

"A. Council adopt a standing policy of giving special relief as follows with respect to lane paving local improvements where properties are used residentially but zoned for higher use:

1. the relief to be such that they pay only one-half of the rate for their zoning;

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

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

4. the relief to commence with projects placed on the Tax Roll in 1977.

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

AND WHEREAS on November 9, 1982, Council passed a further resolution supplementing the aforesaid policy as follows:

"That current special relief policies for local improvements remain in effect except that property owners rates not 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 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 abuts the project and contains an owner-occupied single-family dwelling;

AND WHEREAS the owner of the lot has applied for special relief by way of a reduction in taxes;

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

AND WHEREAS the Collector of Taxes is satisfied that the lot is 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 lot for a period of fifteen (15) years if assessed as RM-2 (Multiple Residential District) would be $153.82;

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 lot is 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 $97.31 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot 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