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HomeMy WebLinkAboutCS 33-03 CitJ¡ o~ REPORT TO COUNCIL Report Number: CS 33-03 Date: September 8, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes and Tax Rates Recommendation: 1. It is recommended that report CS 33-03 of the Director, Corporate Services & Treasurer be received; and that: 2. the Director, Corporate Services & Treasurer be authorized to issue the FINAL 2003 Tax Bills for commercial, industrial and multi-residential properties with a due date of October 15th, 2003; 3. the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure the tax billing process is completed; 4. the necessary By-Law attached to this report be read three times and approved; and, 5. the appropriate officials of the City of Pickering be given authority to give effect hereto. Executive Summary: Adoption of the above recommendations and passing the attached By-Law provides for the final 2003 tax billing for the commercial, industrial and multi-residential properties. The Tax Rates were previously approved by Council in Resolution #105/03 under adoption of the Recommendations contained in Report CS 30-03. Financial Implications: The attached By-Law is for the FINAL billing of 2003 property taxes for commercial, industrial and multi-residential properties. This billing will raise approximately $17 million in property taxes for the City, Durham Region and School Boards. Report CS 33-03 Date: September 8, 2003 Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes and Tax Rates Page 2 Background: The City of Pickering will soon be in a position to issue the final 2003 property tax bill in accordance with the capping provisions of Bill 140 Continued Protection For Property Taxpayers Act, passed by the Province on December 4,2000 and implemented through various Regulations. This legislation was put in place to limit assessment reform related increases to 5% per year on commercial, industrial and multi-residential properties. Under this legislation, property owners facing increases due to property assessment reform had their increases "capped" (reduced). Conversely, those properties experiencing decreases were limited to that permitted under the legislation. This meant that taxes have to be "clawed back" from those experiencing decreases to fund the loss of revenue resulting from the capped increases. The funding of the capping protection is "paid for" on a Region wide basis. The Region of Durham acts like a banker in this process. In other words, the total cost of the capping protection for example the commercial tax class is paid for by the other commercial properties throughout the Region by having a portion of their related property tax decrease withheld (clawed back). As part of the Region wide process, City of Pickering uses a Provincial database program called "Online Property Tax Analysis" or OPTA to verify non residential assessment data. Every municipality within Durham Region uses the OPT A system. The OPTA system became operational in mid April and taxation staff worked throughout the spring verifying the data and investigating the discrepancies. Assessment Review Board decisions and Minutes of Settlement were incorporated into the capping calculations up to May 30 which was the cut-off date for these changes. After this date the area municipalities would have completed their analysis of the assessment and taxation data. For this year, the City of Pickering issued an interim tax bill to these realty property tax classes with two installment dates (February 26th and April 28th). The proposed final installment date of October 15th, provides these tax classes with some additional time to pay their tax bill. Schedule A below, provides a breakdown of the final billing dates for the non residential tax classes from 1999 to 2002. Schedule A Non Residential Final Billing Dates Year Number of Installments One One One One One Date 1999 2000 2001 2002 2003 December 15, 1999 October 13, 2000 October 29,2001 October 29, 2002 October 15, 2003 Report CS 33-03 Date: September 8, 2003 Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes and Tax Rates Page 3 As Schedule A indicates, the proposed 2003 final due date closely follows the pattern established during the last four years. The one installment date will assist the City in managing its cash flow due to the fact a School Board payment of approximately $9.6 million is required on September 30th. Attachments: 1. 2003 Final Tax Due Dates and Tax Rates for Commercial, Industrial and Multi- Residential Realty Tax Classes Prepared By: Approved I Endorsed By: ~=------ ~ ' Stan Karwowski Manager, Finance & Taxation . %~~~ Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council " . "'1FNT #-1- TO REPORT # tS'5:3-Q3 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6178/03 Being a By-law of The Corporation of the City of Pickering to Establish the 2003 tax rates for the Commercial, Industrial and Multi-Residential realty taxes and to levy the FINAL commercial, industrial and multi-residential taxes for the year2003. WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.D. 2001, c.25 as amended, to pass a by-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31 , as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.D. 2001, c.25, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering. WHEREAS the Regional Municipality of Durham has passed By-law No. 21-2003 to establish tax ratios and By-law No. 20-2003 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By-law No. 34-2003 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 22-2003 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering for the current year; and, . WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 6097/03) before the adoption of the estimates for the current year; and, WHEREAS sub section 342 (2) of the Municipal Act, 2001, S.D. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2003. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. For the year 2003, The Corporation of the City of Pickering (the "City") shall levy upon the Property Classes (commercial, industrial and multi-residential) as set out in By-law No. 6160/03 of Schedule "A", the rates of taxation, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A" of By-law No. 6160/03. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. 2. The levy provided for shall be reduced by the amount of the interim levy for 2003. 3. The 2003 final tax calculations for the industrial, commercial and multi-residential realty tax classes is based on the "cut-off" date as of May 30, 2003. The decrease retained percentage for the realty class is outlined below: 4. Multi residential Commercial Industrial 41.4288% 10.4736% 15.4505% 5. The 2003 taxes owed for the commercial, industrial and multi-residential assessed properties shall be due in one installment on October 15, 2003 or as adjusted by the Treasurer. 6. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31 , as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as amended. 7. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 8. Taxes shall be payable to the Treasurer, City of Pickering. 9. This By-law comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this 15th day of September, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk