REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE CORPORATE SERVICES AND COMMUNITY SAFETY DEPARTMENT

Transcription

1 April 1, 2014 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE CORPORATE SERVICES AND COMMUNITY SAFETY DEPARTMENT ON PROPERTY PURCHASE FOR DOWNTOWN PARKING LOAN AUTHORIZATION BYLAW NO PURPOSE To seek Council's approval to establish the Alternative Approval Process to authorize the borrowing of $4,800,000 to purchase property in downtown Kamloops to utilize for parking. SUMMARY Property Purchase for Downtown Parking Loan Authorization Bylaw No in the amount of $4,800,000 received three readings from Council on March 11, Statutory approval from the Inspector of Municipalities was received March 26, 2014, and the approval of the electors is now required before the project may commence. RECOMMENDATION: That Council authorize the following for the Alternative Approval Process to: a) Establish the Elector Response Form for Property Purchase for Downtown Parking Loan Authorization Bylaw No , shown as Attachment "A"; b) Determine the total number of electors as 68,410 for which the approval process applies, as shown on Attachment "B"; and c) Set May 16, 2014, as the deadline for receiving Elector Response Forms from electors not wanting Council to proceed with the adoption of Bylaw No COUNCIL POLICY Sections 86 and 180 of the Community Charter. T:\CCA\ADM\REP\2014\Alternative Approval Process Bylaw No docx 60

2 PROPERTY PURCHASE FOR DOWNTOWN PARKING April 1, 2014 LOAN AUTHORIZATION BYLAW NO Page 2 DISCUSSION Section 180 of the Community Charter states that Council may only adopt a loan authorization bylaw with the approval of the electors; however, Section 86 gives Council the authority to receive the approval of the electors through an Alternative Approval Process. This streamlined process gives electors an opportunity to indicate to Council, through Elector Response Forms (Attachment "A"), that it may not proceed with the bylaw unless approved by the electors. Section 86 of the Community Charter also states that Council "must make a fair determination of the total number of electors of the area to which the approval process applies". Accordingly, the total number of electors has been determined as 68,410, as outlined in Attachment "B". The notices of the Alternative Approval Processes must be published in two issues of a newspaper (April 10 and 15, 2014), with the second publication at least 30 days before the deadline that has been established by Council. If Elector Response Forms are not signed by at least 10% (6,841) of the electors, Council may adopt the bylaw on May 27, D. R. Duckworth, P.Eng., MBA Corporate Services and Community Safety Director Approved for Council Consideration: Author: C. M. Kennedy, CMC, Corporate Officer CMK/lm Attachments T:\CCA\ADM\REP\2014\Alternative Approval Process Bylaw No docx 61

3 ATTACHMENT "A" ALTERNATIVE APPROVAL ELECTOR RESPONSE INFORMATION The City of Kamloops intends to purchase property at 393 Seymour Street and 368 4th Avenue to be utilized for parking in downtown Kamloops. The estimated purchase price and the amount the City proposes to borrow to undertake this project is $4,800,000, repayable over thirty (30) years. It is estimated that the borrowing will not result in a tax increase for the average residential property, borrowing costs will be paid from the new parking stall rentals and downtown parking meter revenue. For information on the project, please contact Dave Freeman, Assistant Development and Engineering Services Director/Real Estate Manager, at or dfreeman@kamloops.ca. City of Kamloops Property Purchase for Downtown Parking Loan Authorization Bylaw No has been drafted for the purpose of borrowing $4,800,000 to undertake this project. Section 86 of the Community Charter requires that electors be notified that an Alternative Approval Process exists for the purpose of permitting electors to petition against the proposed bylaw. The only persons entitled to sign elector response forms are the electors of the area to which the approval process applies, the whole of the City of Kamloops. For information on the Alternative Approval Process, contact the Legislative Services Division at or legislate@kamloops.ca. 1. Unless Alternative Approval Elector Response Forms petitioning against the bylaw have been received from 10% (6,841) of the eligible electors within the City of Kamloops by the deadline date, Bylaw No will be deemed to have received the approval of the electors. 2. All Elector Response Forms must be received by the City on or before 4:30 pm on May 16, 2014, to be considered. A person who is not an elector of the City of Kamloops must not sign this Alternative Approval Elector Response Form. The term "elector" means a person who, at the time of signing this form, meets the qualifications of the Local Government Act for registration as a resident elector or as a non-resident property elector of the City of Kamloops. No corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote. The ability to withdraw your Alternative Approval Elector Response Form exists whether you have provided that form to the City directly OR to a neighbour or canvasser. Requests to withdraw your form must be made no later than May 16, T:\CCA\LEG SVS\GENERAL\AAP Form Downtown Parking.docx 62

4 CITY OF KAMLOOPS LOAN AUTHORIZATION BY-LAW NO ELECTOR RESPONSE FORM I am OPPOSED to the adoption of City of Kamloops Property Purchase for Downtown Parking Loan Authorization Bylaw No , which authorizes borrowing of $4,800,000 repayable no later than thirty (30) years by way of debentures. I, the undersigned, hereby certify that: ATTACHMENT "B" I am eighteen years of age or older; I am a Canadian citizen; I have resided in British Columbia for at least six months; I have resided in OR have been a registered owner of real property in the City of Kamloops for at least 30 days; I am not disqualified by law from voting in local elections; and I am entitled to sign this elector response form and have not previously signed an elector response form related to Bylaw No A person who presents an Alternative Approval Elector Response Form to another person for signing must not knowingly make any false or misleading statements about the proposed bylaw. ELECTOR'S FULL NAME (print) RESIDENTIAL ADDRESS* (and mailing address if different from residential address) SIGNATURE OF ELECTOR *Non-resident Property Electors must include the address of their property in order to establish their entitlement to sign the petition. DEADLINE FOR RECEIPT OF SIGNED FORMS IS May 16, 2014, at 4:30 pm (postmarks not accepted) to: Legislative Services Division, 7 Victoria Street West, Kamloops, BC, V2C 1A2 Telephone: ; Fax: legislate@kamloops.ca T:\CCA\LEG SVS\GENERAL\AAP Form Downtown Parking.docx 63

5 ATTACHMENT "B" March 31, ~~-~ Determination of Total Number of Electors- section 86 (3) (c) of the Community Charter The City of Kamloops is required to make a fair determination of the total number of electors of the municipality, in relation to the threshold which must be set for the use of the Alternate Approval Process within the Community Charter. The 2011 Census indicates that 78 /o of Kamloops population was Canadian citizens 18 years or older. The Provincial Government (BC Stats) estimated the population in Kamloops to be 87,705 for Based on the foregoing factors, the fair determination of eligible electors in the City of Kamloops is set at 68,410 persons (78 /o of 87,705).,~4 lrf.iennedy, QIVlC Corporate Officer 64