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REPORT TO COUNCIL TO: Deputy City Manager

FROM: T. Bate, Acting City Clerk

PREPARED BY: T. Bate, Acting City Clerk

DATE: April 10, 2018

SUBJECT: Willow Point Business Improvement Area Bylaw No. 3696, 2018

Recommendations:

THAT the Willow Point Business Improvement Area Society’s 2018 budget be approved as attached to the Deputy City Manager’s April 10, 2018 report; AND THAT Willow Point Business Improvement Area Bylaw No. 3696, 2018 be given first, second and third readings; AND THAT following adoption of Bylaw 3696, a local service tax be levied against the subject service area as follows:

2018 $24,390 2021 $26,547 2019 $25,101 2022 $27,685 2020 $25,807

Background:

The Willow Point Business Improvement Area Society (WPBIAS) has requested that City Council adopt a bylaw that would allow it to continue operating its business improvement area for an additional 5-year term. This report provides Council with the information it will need in order to consider the WPBIAS’ request. Discussion Legislation: The Community Charter allows local governments to grant money to organizations for the purposes of implementing a “business promotional scheme”. A business promotional scheme includes; carrying out studies or making reports on areas where business or commerce is carried on; improving, beautifying or maintaining streets, sidewalks or municipally owned land, buildings or structures; the removal of graffiti; conserving heritage property and encouraging business in one or more business improvement areas. All or part of the grant paid to an organization must be recovered by means of a local service tax. Prior to a local government granting money to an organization, a “Business Improvement Area” (BIA) must be defined and established by bylaw.

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Willow Point BIA Property Owners’ response: Following Council’s decision on March 5, 2018 to support the initiative to re-establish the “Willow Point Business Improvement Area” by way of “Council initiative” as requested by the Willow Point Business Improvement Area Society (WPBIAS), notices were sent by the City to the owners within the boundaries of the proposed BIA. The owners had 30 days to petition against the initiative with a deadline of April 16, 2018. Only owners of BC Assessment Class 5 [light industry] or Class 6 [business and other] property may petition against establishing a business improvement area. There were only 5 (five) responses received against the initiative; therefore, I hereby certify that the petition is not sufficient to defeat the proposal. Council may now proceed with Bylaw 3696 to re-establish the Willow Point Business Improvement Area for a five-year term ending December 31, 2022. A printout of the class 6 properties located within the proposed BIA is attached (there is no Class 5, “light industry” property within the proposed BIA). Requirements of Bylaw No. 3696

If Bylaw 3696 is adopted, the Willow Point Business Improvement Area Society will be responsible to:

1. pay the City a one-time setup fee of $5.00 per parcel for each of the subject 39 parcels ($195.00) and an annual administration fee of 2% of the amount granted each year;

2. submit an annual budget to the City for approval on or before March 1st each year. No payments shall be made unless the budget meets the requirements of the Bylaw;

3. submit on or before April 1st each year a financial statement prepared in accordance with generally accepted accounting principles and shall include a balance sheet and a Statement of Revenue and Expenditure. The annual report must also include a review of its achievements during the previous year and a work plan for the following year;

4. spend the grant money only in accordance with the business promotional scheme attached to the Bylaw as Schedule “B” and for only those projects provided for in the annual budget submitted by the WPBIAS and approved by Council;

5. maintain comprehensive general liability insurance of no less than $2,000,000 with the City named as an additional insured. No payments shall be made until the WPBIAS provides proof of insurance in the form of a certificate issued to the City.

Operational Considerations: Apart from the staff time needed to administer the WPBIA Bylaw there is no financial burden placed on the City of Campbell River taxpayer by adopting a bylaw to establish a business improvement area. All of the money granted to the Willow Point Business Improvement Area would be collected through a local service tax. By adopting Bylaw 3696 the City will enable the WPBIAS to continue marketing and beautifying the Willow Point business area.

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Options: Council can choose whether or not it wishes to support the Willow Point Business Improvement Area Society’s desire to continue with their marketing and beautifying projects. Communication: The Willow Point Business Improvement Area Society will be informed of Council’s decision. Respectfully submitted, Reviewed and endorsed by:

Tracy Bate Ronald G. Neufeld, Acting City Clerk Deputy City Manager TB/cn Attachments: Willow Point BIA property printout 2018 Willow Point BIA Budget

Willow Point BIA Bylaw No. 3696, 2018

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CITY OF CAMPBELL RIVERWillow Point BIA Rate Calculation

For the year ending December 31, 2018

Base data:Calculated annual payment 24,390$ Weighting on Class 5&6 improvements value 0%Weighting on total value 100%

CLASS 5&6 Improv Total

Previous Estimated

REVISED Estimated

ROLL # OWNER Assess Assess Levy (Feb 14) Levy (Mar 6)5002.500 TOMLINSON, DARRELL 45,300 45,300 74.45 77.845002.502 TOMLINSON, DARRELL 49,700 49,700 81.69 85.405002.504 TOMLINSON, DARRELL 43,000 43,000 70.67 73.895002.506 TOMLINSON, DARRELL 42,800 42,800 70.35 73.545005.000 CITY OF CAMPBELL RIVER - - 0.00 0.005020.000 CHARDA ENTERPRISES LTD. 109,000 109,000 179.15 187.295026.000 GORDSTAN CONTRACTING LTD. 614,000 614,000 1,009.16 1,055.015027.000 KELLOW, LESLIE 19,900 19,900 32.71 34.195034.000 MAYCON INVESTMENTS 278,000 278,000 456.91 477.685035.000 WILLOW POINT LIONS CLUB SOCIETY - - 0.00 0.005037.001 JVC HOLDINGS LTD. 365,000 365,000 599.90 627.165037.002 590633 BC LTD. 122,000 122,000 200.52 209.635037.004 590633 BC LTD. 107,000 107,000 175.86 183.855037.005 590633 BC LTD. 88,700 88,700 145.79 152.415037.006 JVC HOLDINGS LTD. 64,500 64,500 106.01 110.835041.000 BAKHTYARI, REZA - - 0.00 0.005050.000 7-ELEVEN CANADA INC. 216,000 216,000 355.01 371.145069.000 UPPER ISLAND ENTERPRISES LTD. 444,000 444,000 729.75 762.915071.000 KLEIN, MAX K. 15,600 15,600 25.64 26.805074.000 GEYSER, HEATHER G. - - 0.00 0.005076.000 BILN, KASHMIR 86,700 86,700 142.50 148.975175.000 675217 BC LTD. 154,000 154,000 253.11 264.615214.000 SEEBACH & HALL HOLDINGS LTD. 583,000 583,000 958.20 1,001.755316.000 MCGINN, DEBRA LEE 190,000 190,000 312.28 326.475383.066 KALKADOON PROPERTIES LTD. 219,000 219,000 359.94 376.305386.140 MARETERRA RESOURCES LTD. 302,000 302,000 496.36 518.915386.470 A-1 DEVELOPMENT LTD. 46,600 46,600 76.59 80.075386.472 KAELBLE, CLIFFORD J. 63,300 63,300 104.04 108.775386.474 ANDREWS, LESTER 474,000 474,000 779.05 814.455386.950 MCLEAN, CINDY L. 145,000 145,000 238.32 249.155387.075 NELSON, DENNIS R. 215,000 215,000 353.37 369.435387.077 WAGGING TAILS HOLDINGS LTD. 241,000 241,000 396.10 414.105387.160 353620 BC LTD. 728,000 728,000 1,196.52 1,250.895387.760 JENSEN, ORLA L. 464,000 464,000 762.62 797.275387.762 JENSEN, ORLA L. 1,279,000 1,279,000 2,102.13 2,197.655388.200 READ, RUSSELL W. 16,500 16,500 27.12 28.355388.550 SHELL CANADA LTD. 475,000 475,000 780.70 816.175388.570 EIGHT DIAMOND HOLDINGS LTD. 5,573,000 5,573,000 9,159.65 9,575.865505.325 CHENT DEVELOPMENTS LTD. 315,000 315,000 517.73 541.25

14,194,600 14,194,600 24,390.01 24,389.99

Rates: Class 6 Improvements Levy (per $1000) 0.0000Total Assess Levy (per $1000) 1.7183

Prepared by: Approved:

Reviewed by:

Bylaw 3696, 2018

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 1

WILLOW POINT BUSINESS

IMPROVEMENT AREA BYLAW

BYLAW 3696, 2018

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 2

DISCLAIMER Hyperlinks, internet addresses, QR codes and any material associated with, or accessed through such links, do not form part of the bylaw and are provided as supplementary material for convenience only. In the event of any query, dispute or legal challenge, a plain text-only version of the bylaw is available and maintained as being the authoritative copy. Unless an image, photograph or diagram is explicitly referred to in the text of the bylaw as being part of the bylaw, any images, photographs and diagrams do not form part of this bylaw and are provided as supplementary material for convenience only. Cover photo by Toni Falk

The “QR code” to the left provides quick access to the Campbell River website http://www.campbellriver.ca using a mobile QR code reader app.

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 3

ADOPTED________ 2018

P U R P O S E

This bylaw sets out to grant money to an applicant under Section 215 of the Community Charter for the purpose of the planning and implementation of a Business Promotion Scheme.

W illow Point Business Improvement Area

Bylaw No. 3696, 2018

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 4

C O N T E N T S

PART 1: Title ......................................................................................................................................... 5

PART 2: Definitions .............................................................................................................................. 5

PART 3: Designation of Area................................................................................................................ 5

PART 4: Grant ....................................................................................................................................... 6

PART 5: Expenditure ............................................................................................................................ 6

PART 6: Cost Recovery ......................................................................................................................... 6

PART 7: Conditions and Limitations ................................................................................................... 7

PART 8: Independent Agency .............................................................................................................. 7

PART 9: Insurance................................................................................................................................ 7

PART 10: Setup and Administration Fees ............................................................................................ 8

PART 11: Expiration Date ..................................................................................................................... 8

SCHEDULE “A” ..................................................................................................................................... 9

SCHEDULE “B” .................................................................................................................................... 10

SCHEDULE “C” ..................................................................................................................................... 11

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 5

The Council of the City of Campbell River enacts as follows:

PART 1: T itle

1.1 This bylaw may be cited for all purposes as Willow Point Business Improvement Area Bylaw No. 3696, 2018.

PART 2: Definitions

2.1 In this bylaw unless the context otherwise requires:

Applicant means the Willow Point Business Improvement Area Society.

Business Improvement Area

means the area of the City designated by Section 3 of this Bylaw.

Business Promotion Scheme

means: (a) carrying out studies or making reports respecting one or

more business areas in the City where business or commerce is carried on;

(b) improving, beautifying or maintaining of streets, sidewalks or municipally owned land, buildings or other structures in one or more business improvement areas;

(c) the removal of graffiti from buildings and other structures in one or more business improvement areas;

(d) conserving heritage property in one or more business improvement areas;

(e) encouraging business in one or more business improvement areas;

in accordance with the plan set out in Schedule “B”.

City means the City of Campbell River.

Council means the Council of the City.

Parcel means all properties that are taxable for General Municipal Purposes that fall or would fall within Class 5 or 6 of the Assessment-Classes and Percentage Levels Regulation, B.C. Reg. 438/81.

PART 3: Designation of Area

3.1 For the purposes of this Bylaw, the Business Improvement Area to which this Bylaw is applicable shall be comprised of that tract of land shown in heavy outline on Schedule "A" attached hereto and forming part of this Bylaw, and shall be commonly referred to as the Willow Point Business Improvement Area.

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 6

PART 4: Grant

4.1 For the purpose of the Bylaw, the maximum amount of money to be granted to the Applicant annually under this Bylaw, pursuant to Section 215 of the Community Charter, is as follows:

a) in the calendar year 2018, a sum not to exceed TWENTY-FOUR THOUSAND, THREE HUNDRED AND NINETY DOLLARS ($24,390.00);

b) in the calendar year 2019, a sum not to exceed TWENTY-FIVE THOUSAND, ONE HUNDRED AND ONE DOLLARS ($25,101.00);

c) in the calendar year 2020, a sum not to exceed TWENTY-FIVE THOUSAND, EIGHT HUNDRED AND SEVEN DOLLARS ($25,807.00);

d) in the calendar year 2021 a sum not to exceed TWENTY-SIX THOUSAND, FIVE HUNDRED AND FORTY-SEVEN DOLLARS ($26,547.00);

e) in the calendar year 2022, a sum not to exceed TWENTY-SEVEN THOUSAND, SIX HUNDRED AND EIGHTY-FIVE DOLLARS ($27,685.00).

PART 5: Expenditure

5.1 The money granted under Section 215 of the Community Charter pursuant to this Bylaw shall be expended only:

a) by the Applicant;

b) in accordance with the conditions and limitations set out in this Bylaw;

c) for the Business Promotion Scheme set out in Schedule "B" attached hereto and forming part of this Bylaw.

PART 6: Cost Recovery

6.1 All of the money granted to the Applicant under this Bylaw shall be recovered within the Business Improvement Area from the owners of land within that area.

6.2 For the purpose of recovering the monies granted to the applicant under this Bylaw under the authority of Section 215 of the Community Charter, the Council shall levy annually a rate sufficient to raise the sums as outlined in Section 4, or such lesser amount as granted to the applicant pursuant to the provisions of this Bylaw by a tax on all improvements, that fall into Class 5 or 6 of the Assessments - Classes and Percentage Levels Regulation, B.C. Reg. 438/81 within the Willow Point Business Improvement Area.

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 7

PART 7: Conditions and Limitations

7.1 The Applicant shall submit an annual budget for the approval of the City and, notwithstanding anything in this Bylaw, no payments shall be made unless the budget submitted is within the amounts established by this Bylaw.

7.2 The annual budget of the Applicant shall be submitted on or before the first day of March in each year of the Business Promotion Scheme.

7.3 The money granted pursuant to Section 215 of the Community Charter as outlined in Section 4 of this the Bylaw shall be expended by the Applicant for only those projects provided for in the annual budget submitted by the Applicant and approved by Council.

7.4 The Applicant shall account for the money granted and approved by Council for the previous year by submitting to the City on or before April 1st, in each of the years 2018 to 2022, an annual report which must include a financial statement prepared in accordance with generally accepted accounting principles and shall include a balance sheet and a Statement of Revenue and Expenditure. The annual report must also include a review of its achievements during the previous year and a work plan for the following year.

7.5 The applicant shall not incur any indebtedness or other obligations beyond each budget year.

PART 8: Independent Agency

8.1 The Applicant is an agency independent from the City and it shall be solely responsible for managing its own affairs.

8.2 The Applicant shall pay all expenses in connection with its operation, including, but not limiting the generality of the foregoing, wages of support staff, rent, stationery, telephone and postage, and all other office expenses.

8.3 The executive members of the Willow Point Business Improvement Area Society are not employed by the City and as such are not bound by or benefit from the terms and conditions set out in agreements made between the City and its employees.

8.4 The Applicant will not in any manner whatsoever commit or purport to commit the City to the payment of any money to any person, firm or corporation.

PART 9: Insurance

9.1 The Applicant shall provide to the City copies of insurance policies insuring the Applicant in accordance with the specifications set out in Schedule "C" attached hereto and forming part of this Bylaw, which insurance shall be maintained by the Applicant.

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City of Campbell River | Willow Point Business Improvement Area Bylaw No. 3696, 2018 8

PART 10: Setup and Administration Fees

10.1 The Applicant will pay to the City of Campbell River a one-time setup fee of $5.00 per parcel for each parcel assessed as either Class 5 or 6 located within the area shown in Schedule ‘A’.

10.2 An annual administration fee of 2% of the amount granted pursuant to Section 215 of the Community Charter shall be charged to the Applicant and deducted from the amount granted.

PART 11: Expiration Date

This Bylaw shall cease to have effect on the 31st day of December 31, 2022.

READ THE FIRST TIME this day of 2018

READ THE SECOND TIME this day of 2018

READ THE THIRD TIME this day of 2018

ADOPTED this day of 2018

Signed by the Mayor and City Clerk this day of 2018

MAYOR

CITY CLERK

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SCHEDULE “A”

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SCHEDULE “B”

Business Promotion Scheme

1. Marketing

2. Research & Education

3. Staff

4. Physical Improvements to the Business Area

5. Administration

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SCHEDULE “C”

Insurance Specifications

1. The applicant shall provide and maintain Comprehensive General Liability insurance acceptable to the City and subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. The insurance shall cover anyone employed directly or indirectly by the Applicant as well as any contractor of sub-contractors hired by the Applicant.

2. The City shall be added as an additional named insured under the Comprehensive General Liability.

3. The applicant shall provide the City with a copy of its Comprehensive General Liability insurance policy prior to the City providing funding under Section 4 of this Bylaw.

4. The applicant's Comprehensive General Liability policy shall contain an endorsement to provide the City with 30 days written notice of change or cancellation.

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