Report to: General Committee                                                        Report Date: April 20, 2009

 

 

SUBJECT:                          2009 Tax Rates and Bylaw

PREPARED BY:               Paul Wealleans, Director, Taxation

 

 

RECOMMENDATIONS:

1)         THAT a by-law to provide for the levy and collection of property taxes totalling $484,584,559 required by the Town of Markham, Regional Municipality of York, Boards of Education, Old Markham BIA and Unionville BIA in a form substantially similar to the attached Appendix and satisfactory to the Town Solicitor and to provide for the mailing of notices requesting payment of taxes for the year 2009, as set out as follows, be approved:

 

Town of Markham:       $104,811,019

Region of York:            $203,992,972

School Boards: $175,378,885

Old Markham BIA:      $       202,183

Unionville BIA: $       199,500        

Total                            $484,584,559

 

2)         AND THAT staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Not applicable.

 

PURPOSE:

The purpose of this report is to obtain authorization for the adoption of the tax rates for the 2009 tax year for the levy requirements of the Town of Markham, Region of York and the York Region school boards. The Unionville and Markham Village Business Improvement Areas (BIAs) rates, based on their approved budgets, are also included.

 

BACKGROUND:

The Municipal Act, 2001 provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate upon all property assessed in the local municipality rateable for local municipal purposes, upper tier purposes and education purposes as may be appropriate.

 

OPTIONS / DISCUSSIONS:

Council has approved its 2009 budget estimates for Town services requiring property taxes to be levied as follows:

 

2009 Town of Markham Tax Levy:                               $104,811,019

2009 Old Markham Village BIA Budget:                      $       202,183

2009 Unionville BIA Budget:                                        $       199,500

 

The Regional Municipality of York has approved its 2009 budget estimates requiring property taxes to be levied as follows:

 

2009 Region of York total requisition:               $733,299,146

2009 Town of Markham % share:                                 27.82%

2009 Town of Markham share:                         $203,992,972

 

All the required regulations establishing the tax rates for the levy of 2009 property taxes for education purposes have been passed by the Province and received by the Municipality.  The total levy to be raised for 2009 education purposes is $175,763,667. Of this amount, $384,782 is retained by the Town for hydro properties that are classified by the Municipal Property Assessment Corporation (MPAC) as fully taxable but for which legislated provisions exist for the municipality to keep the school portion. There are 13 such properties in Markham. So, although the Town levies $175,763,667 in school board taxes, it forwards $175,378,885 to the boards and retains $384,782.   

 

The tax instalment due dates for the residential class will be July 6, August 5 and September 9. The due dates for the 2009 final instalments have been shifted to three weeks earlier than previous years, as will future interim and final tax bills. As in the past, the added complexities for the non-residential classes to provincially legislated requirements, will result in the non-residential properties to be billed later in 2009. The tax instalment due dates for Commercial, Industrial and Multi-residential will be October 5, November 5 and December 7.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

The proposed tax rates have been calculated to achieve the tax revenue requirements of the 2009 budgets, as approved by the Town of Markham Council and the Region of York Council. The education tax rates have been established by regulations approved by the Province of Ontario. 

 

HUMAN RESOURCES CONSIDERATIONS

Not Applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services Department.

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      Barb Cribbett                                     Andy Taylor, Commissioner

                                      Treasurer                                            Corporate Services

 

 

Q:\Finance\SHARED\2009 General Committee Finance\923 2009 Tax Rates and Levy Bylaw.doc

 

ATTACHMENTS:

Appendix A: Draft Levy Bylaw

 

 

                                                Appendix A: Draft Levy Bylaw

 

A by-law to provide for the levy and collection

of sums required by The Corporation of the Town of Markham

for the year 2009 and to provide for the mailing of

notices demanding payment of taxes for the year 2009

.

 

WHEREAS Section 312 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and;

 

WHEREAS Sections 307 and 308 of the said Act require taxes to be levied upon the whole of the assessment for real property according to amounts assessed under the Assessment Act, R.S.O. 1990, cA.31 and that tax rates to be established in the same proportion to tax ratios, and;

 

WHEREAS estimates have been prepared showing the sum of $104,811,019 raised for the lawful purpose of The Corporation of the Town of Markham for the year 2009, $203,992,972 for the Region of York and $175,763,667 for the Boards of  Education, and;

 

WHEREAS the Assessment Roll made in 2008 and upon which 2009 taxes are to be levied, was returned by the Municipal Property Assessment Corporation and is the last revised Assessment Roll, and;

 

WHEREAS the total taxable assessment within the Town of Markham is $39,524,574,324.

 

 

BE IT THEREFORE ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM THE FOLLOWING:

 

 

1.         The following property tax ratios are to be applied in determining tax rates for taxation in 2009:

 

for residential/farm property tax class                1.0000

for multi-residential property tax class                1.0000

for commercial property tax classes                               1.2070

for industrial property tax classes                                   1.3737

for pipelines property tax class                                      0.9190

for farmland property tax class                                      0.2500

for managed forest property tax class                            0.2500

 

 

2.         The sum of $104,811,019 shall be levied and collected for the TOWN OF MARKHAM purposes for the year 2009, such amount to be provided for as follows:

 

ASSESSMENT

TAX RATE

TAXES

 

 

 

 

Residential/Farm (RT)

32,300,279,228

0.256940%

$82,992,412

Residential/Farm (RH)

5,468,000

0.256940%

$14,049

Multi-Residential (MT)

304,772,730

0.256940%

$783,084

Commercial (CT/DT/ST)

5,382,460,812

0.310127%

$16,692,457

Commercial (CU/DU/SU)

57,514,157

0.217089%

$124,857

Commercial (CJ)

3,222,250

0.217089%

$6,995

Commercial (CH)

16,765,459

0.310127%

$51,994

Commercial (CX)

173,848,850

0.217089%

$377,406

Commercial (C1)

28,476,000

0.064235%

$18,292

Industrial (IT/LT)

897,425,415

0.352959%

$3,167,542

Industrial (IH)

6,917,000

0.352959%

$24,414

Industrial (IU/JU)

6,975,671

0.229423%

$16,004

Industrial (IX)

124,766,950

0.229423%

$286,244

Industrial (JT)

10,878,000

0.352959%

$38,395

Industrial (LU)

1,802,750

0.229423%

$4,136

Industrial (I1)

39,748,850

0.064235%

$25,533

Pipelines (PT)

47,902,000

0.236128%

$113,110

Farmland (FT)

115,350,202

0.064235%

$74,095

Total

39,524,574,324

 

$104,811,019

 

                                                                    

           

3.         The sum of $203,992,972 shall be levied and collected for the Town of Markham's share of the REGIONAL MUNICIPALITY OF YORK Budget for the year 2009,        such amount to be provided for as follows:

 

 

ASSESSMENT

TAX RATE

TAXES

Residential/Farm (RT)

32,300,279,228

0.500081%

$161,527,559

Residential/Farm (RH)

5,468,000

0.500081%

$27,344

Multi-Residential (MT)

304,772,730

0.500081%

$1,524,111

Commercial (CT/DT/ST)

5,382,460,812

0.603598%

$32,488,426

Commercial (CU/DU/SU)

57,514,157

0.422518%

$243,008

Commercial (CJ)

3,222,250

0.422518%

$13,615

Commercial (CH)

16,765,459

0.603598%

$101,196

Commercial (CX)

173,848,850

0.422518%

$734,543

Commercial (C1)

28,476,000

0.125020%

$35,601

Industrial (IT/LT)

897,425,415

0.686961%

$6,164,963

Industrial (IH)

6,917,000

0.686961%

$47,517

Industrial (IU/JU)

6,975,671

0.446525%

$31,148

Industrial (IX)

124,766,950

0.446525%

$557,115

Industrial(JT)

10,878,000

0.686961%

$74,728

Industrial (LU)

1,802,750

0.446525%

$8,050

Industrial (I1)

39,748,850

0.125020%

$49,694

Pipelines (PT)

47,902,000

0.459574%

$220,145

Farmland (FT)

115,350,202

0.125020%

$144,211

Total

39,524,574,324

 

$203,992,972

 

 

            4.         The sum of $175,763,667, shall be levied and collected for the Town of Markham's share of the BOARDS OF EDUCATION Budget for the year 2009, such amount to be provided for as follows:

 

 

ASSESSMENT

TAX RATE

TAXES

Residential/Farm (RT)

32,300,279,228

0.252000%

$81,396,704

Multi-Residential (MT)

304,772,730

0.252000%

$768,027

Commercial (CT/DT/ST)

5,382,460,812

1.385926%

$74,596,924

Commercial CU/DU/SU)

57,514,157

0.970148%

$557,973

Commercial (CX)

173,848,850

0.970148%

$1,686,591

Commercial (C1)

28,476,000

0.063000%

$17,940

Industrial (IT/LT)

897,425,415

1.552479%

$13,932,341

Industrial (IU/JU)

6,975,671

1.009111%

$70,392

Industrial (IX)

124,766,950

1.009111%

$1,259,037

Industrial (JT)

10,878,000

1.520000%

$165,346

Industrial (LU)

1,802,750

1.009111%

$18,192

Industrial (I1)

39,748,850

0.063000%

$25,042

Pipeline (PT)

47,902,000

1.694514%

$811,706

Farmlands (FT)

115,350,202

0.063000%

$72,671

Total

39,492,201,615

 

$175,378,885

 

 

Plus:     Commercial Taxable – Full share PIL (CH /CJ /IH/RH)                                    $384,782

            Taxed at education rate but Revenue retained by Town

                       

Total Education Levy                                                                        $175,763,667

                                                                    

 

           

5.    Only units in the following Residential Condominium properties will be entitled to receive a grant for waste collection and disposal services, for 2009:

 

                        YRC #226                   7811 Yonge Street                   148 Units

                        YRC #344                   8111 Yonge Street                   199 Units

                        YRC #550                   7451 Yonge Street                   21 Units          

            YRC #618                   55 Austin Drive                        142 Units

            YRC #636                   25 Austin Drive                        149 Units

            YRC #784                   7805 Bayview Avenue  341 Units

            YRC #792                   610 Bullock Drive                    235 Units

            YRC #794                   7825 Bayview Avenue  337 Units

                        YRC #887                   Bethune Way                            28 Units

 

6.         The sum of $202,183 shall be levied on non-residential properties located within the boundaries of the Town of Markham's OLD MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA for the year 2009, such amount to be provided for as follows:

 

                                                ASSESSMENT    TAX                TAXES

                                                                              RATE

            Commercial (CT/ST)     $44,174,966       0.457687%         $202,183

 

 

7.         The sum of $199,500 shall be levied on non-residential properties located within the boundaries of the Town of Markham's   UNIONVILLE BUSINESS IMPROVEMENT AREA for the year 2009, such amount to be provided for as follows:

 

                                                ASSESSMENT    TAX                TAXES

                                                                              RATE

            Commercial (CT/ ST)    $27,710,474       0.719944%         $199,500

 

 

 

8.         The sum of $1,286 shall be levied against all properties in the Farmland Class and collected for membership fees in the FEDERATION OF AGRICULTURE for the Region of York for the year 2009, such amount to be provided for as follows:

 

                                                ASSESSMENT    TAX                      TAXES

                                                                              RATE

            Farmland (FT)             $115,350,202         .001115%             $1,286

 

 

9.         There shall be levied upon the MARKHAM STOUFFVILLE HOSPITAL the amount of $18,375.00, pursuant to Section 323 (3) of the Municipal Act, 2001, such amount being the sum of $75.00 for each of the 245 provincially rated beds and a levy upon SENECA COLLEGE in the amount of 104,250.00 pursuant to Section 323 (1) of the Municipal Act, 2001, such sum being $75.00 for each of the 1,390 full time enrolled students as determined by the Minister of Training, Colleges and Universities

 

10.       There shall be levied upon Utility Transmission Lines (UT) the sum of $895,184.08 for the year 2009, such amount to be provided for as follows:

 

            MUNICIPAL PURPOSES:

           

            Description                               Acres   Rate per Acre               Taxes

           

            Hydro One                             438.24       $834.02                    $365,500.92

           

            EDUCATION PURPOSES:

 

            Hydro One                             438.24      $1,208.66                  $529,683.16

            TOTAL                                                                                                                                                                                                 $895,184.08

 

11.       There shall be levied upon Railway Rights of Ways (WT) the sum of $482,543.18 for the year 2009, such amount to be provided for as follows:

 

            MUNICIPAL PURPOSES:

 

 

Description

Acres

Rate per Acre

Taxes

 

Canadian National Railways

256.04

$611.33

$156,524.93

Canadian Pacific Railways

48.42

$611.33

$29,600.60

Greater Toronto Transit Authority

75.15

$611.33

$45,941.45

 

            EDUCATION PURPOSES:

           

Description

Acres

Rate per Acre

Taxes

Canadian National Railways

256.04

$822.69

$210,641.55

Canadian Pacific Railways

48.42

$822.69

$39,834.65

 

Total

 

 

 

$482,543.18

           

12.       For the purposes of paying the owners' portion of debt charges pursuant to the LOCAL             IMPROVEMENTS ACT, R.S.O. 1990, c.l.26 as authorized by the following by-laws, the amounts listed   below shall be levied and collected from the owners of the properties liable therefore:

 

           

            BY-LAW NO              PURPOSE                                          AMOUNT

 

            REGIONAL BY-LAWS

 

            D92-90-41

            (SL-35-387)(2010) Hagerman Corners Sanitary Sewers               $83,658.00

 

            TOWN BY-LAWS

            Fence LG 0089      Markham Beautification Project                       $11,605.17

 

            (2008-2025)          2007-368                                                          $6,178.67

                                          Buttonville

            DOVE

            (SF-DOVE)(2012) Dove Lane Sanitary Sewers                              $2,185.30

 

            TOTAL LOCAL IMPROVEMENTS                                       $103,627.14

 

13.       For the purposes of paying the owners’ portion of debt charges pursuant to Section 391 of the Municipal Act, 2001 as authorized by the following by-laws, the amounts listed below shall be levied and collected from the owners of the properties liable therefore:

 

            BY-LAW NO              PURPOSE                                          AMOUNT     

 

            TOWN BY-LAWS

 

            (2009-2016)          Cachet estates/Glenbourne Park Drive           $694,436.68

                                         

            (2009-2025)          Milmar Court                                                   $13,111.45

                                         

            (2009 – 2015)        Jennings Gate                                                $120,508.30

 

           

            TOTAL                                                                                      $828,056.43

 

14.       Pursuant to Regional By-law No. A-0303-2002-020, a tax rebate totaling $4,126.90 (Town share is $1,050.88) be provided to the Markham District Veterans Association for its property located at 7 Washington Street for 2009 upon the provision of documentation in a form satisfactory to the Treasurer.

 

15.       That the Treasurer shall add to the Collector's Roll, all or any arrears for service provided by: the POWER COMMISSION ACT (hydro-electric power), the WEED CONTROL ACT, the DITCHES AND WATERCOURSES ACT, the PUBLIC UTILITIES ACT, the TILE DRAINAGE ACT, and the ONTARIO BUILDING CODE; and any other collection agreements charges approved by Council which shall be collected by the Collector in the same manner and at the same time as all other rates and levies.

 

16.       The INTERIM TAX LEVIES which were payable in three installments on February 18, 2009, March 18, 2009 and April 22, 2009 shall be shown as a reduction on the final levy.

 

 

17.      The net amount of Taxes levied by this by-law shall be due and payable in equal installments as follows:

 

           Residential, Farmland and Pipelines properties:  July 6, 2009

                                                                                               August 5, 2009

                                                                                               September 9, 2009

 

           Commercial, Industrial and Multi-Residential properties:

                                                                                               October 5, 2009

                                                                                               November 5, 2009

                                                                                               December 7, 2009

 

 

18.       That those residential property owners who have applied and meet the conditions for the Pre-authorized Payment Program for taxes as approved by Council will have the taxes levied under this by-law paid by automatic withdrawal in six (6) equal installments on July 1, 2009, August 1, 2009, September 1, 2009, October 1, 2009, November 1, 2009 and December 1, 2009.

 

 

19.       As provided in Section 342(1)(e) of the Municipal Act 2001, in the event of the default of payment of any installment by the day named for payment thereof, the subsequent installment or installments shall forthwith become payable.

 

 

20.       As provided in Sub Sections 345(1) and (2) of the Municipal Act 2001, if the taxes or any class or installment thereof so levied in accordance with this by-law remain unpaid four business days following the due date, or on the first day of each calendar month thereafter, a penalty of one and one quarter per cent (1 1/4%) (15.0 % per annum) of the taxes remaining unpaid shall be levied until December 31, 2009.

 

 

21.       As provided in Section 345(3) of the Municipal Act 2001, if any taxes levied pursuant to this by-law remain unpaid as at December 31, 2009, interest at the rate of one and one quarter per cent (1 1/4%) (15.0 % per annum) of the unpaid taxes shall be levied from January 1, 2009 and for each month or fraction thereof until such taxes are paid.

 

 

22.       All taxes levied by any by-law and which remain unpaid as at the date of passing this by-law, shall have interest charged at the same rate of one and one quarter per cent (1 1/4 %) per month (15.0 % per annum) calculated on the unpaid taxes, on the first day of each calendar month for so long as the taxes remain unpaid.

 

23.       The Treasurer is hereby authorized to mail or cause to be mailed, the notice provided for by Section 343(1) and (2) of the Municipal Act 2001, to the address or place of business of the person or persons to whom such notice is required to be given.

 

 

24.       Taxes are payable at the Municipal Office for the Corporation of the Town of Markham, 101 Town Centre Boulevard, Markham, Ontario, L3R 9W3.  Upon payment of any applicable fee, and if paid on or before the due date imprinted on the bill, taxes may also be paid at most chartered banks in the Province of Ontario.

 

25.       Residents who qualify for the Low Income Seniors and Low Income Disabled Tax        Deferral program need to apply to the Tax Section in accordance with the program           policies as established by the Regional Municipality of York.  The amount of deferral for        2009 will be determined once the application has been approved.  The deferral amount may not be reflected on the 2009 final tax billing issued in accordance with this by-law.