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TOWN OF SIDNEY
BYLAW NO. 2230
A BYLAW TO ESTABLISH A BUSINESS IMPROVEMENT AREA IN THE TOWN OF SIDNEY
WHEREAS Section 215 of the Community Charter authorizes Council to establish, by bylaw, a
local service area to provide funding to a Business Improvement Area (BIA);
AND WHEREAS the Council of the Town of Sidney previously established a BIA for the years
2013 through 2022, and now wishes to renew the BIA for an additional 5-year period, by way of
a council initiative/alternate approval process outlined in Section 213 of the Community Charter;
AND WHEREAS the owners of certain properties in the Town have formed the Sidney Business
Improvement Area Society (the Society), a registered non-profit society in the province of British
Columbia, to market and promote business within the designated BIA;
NOW THEREFORE, the Council of the Town of Sidney in open meeting assembled enacts as
follows:
1.
DESIGNATION OF AREA
Those lands within the area shown outlined on the map attached to and forming part of
this bylaw as Schedule "A" are hereby designated as a Business Improvement Area
within the meaning outlined in Section 215 of the Community Charter, and shall be
known, for purposes of this bylaw, as the Sidney Business Improvement Area.
2.
GRANT
2.1
Council is hereby empowered to grant to the Society, for the term of this bylaw,
money not exceeding the following amounts:
- For the calendar year 2023 the sum of $337,000.
- For the calendar year 2024 the sum of $345,425.
- For the calendar year 2025 the sum of $354,061.
- For the calendar year 2026 the sum of $362,912.
- For the calendar year 2027 the sum of $371,985.
2.2
The monies specified in this Section shall be paid to the Society on or before the
15th of July of the calendar year in which the funds are collected.
2.3
An advance payment equal to 50% of the current year grant amount may be
provided to the Society upon receipt of the annual budget for each of the years
included in this bylaw.
3.
EXPENDITURE
The money granted under Section 2 of this bylaw shall be expended by the Society in
accordance with the conditions and limitations set out in the Community Charter and in
this bylaw, and for the sole purpose of the following Business Promotion Scheme:
3.1
To increase footsteps, potential customers, clients and event attendees in all
sectors within the Sidney Business Improvement Area district through the
development, implementation and evaluation of marketing, promotion and other
communication and collaborative efforts.
Bylaw No. 2230 - Business Improvement Area 2
4.
INDEBTEDNESS
The Society shall not incur any indebtedness or other financial obligations beyond each
years' budget.
5.
RECOVERY
5.1
All of the money granted to the Society under this bylaw shall be recovered within
that BIA in the manner set out in this Section.
5.2
For the purpose of recovering the monies granted to the Society under this
bylaw, there shall be levied annually, on all taxable land and improvements within
the BIA that fall within Class 5 or Class 6 of the Assessments - Classes and
Percentage Levels Regulation, BC Reg. 438/81, a rate sufficient to raise the
sums set out in Section 2 herein for that year.
5.3
In any year in which the amount recovered under subsection 5.2 differs from the
amount granted to the Society in that year, the difference shall be added to or
deducted from the levy in the subsequent year.
6.
CONDITIONS AND LIMITATIONS
Notwithstanding any other provision of this bylaw, no grant shall be made and no grant
funds shall be used or spent by the Society in any year, unless the Society:
6.1
Submits an annual budget, for each calendar year, to the Council for information,
on or before the 31st of January in each year covered by this bylaw;
6.2
Accounts for the money granted by the Town for the previous calendar year, by
submitting to the Town a set of annual financial statements, which shall be
prepared in accordance with generally accepted accounting principles, and in
accordance with the requirements of the Societies Act. The annual statements
shall be submitted to the Town within thirty days of the Society's Annual General
Meeting.
6.3
Is a Society incorporated and in good standing under the provisions of the
Society Act, RSBC 1996, created for the purpose of administering the business
promotion scheme identified in this bylaw.
7.
INSURANCE
7.1
The Society shall provide and maintain Comprehensive General Liability
Insurance acceptable to the Town and subject to limits of not less than Five
Million Dollars ($5,000,000) per occurrence for bodily injury, death and damage
to property including the loss of use thereof. The insurance shall cover any
person employed directly or indirectly by the Society, as well as any contractor or
subcontractor hired by the Society.
7.2
The Town shall be added as an additional named insured under the policy
outlined in Section 7.1.
7.3
The Society shall provide the Town with a copy of the current policy prior to the
Town providing funding under Section 2 of this bylaw.
Bylaw No. 2230 - Business Improvement Area 3
7.4
The Society's policy shall contain an endorsement requiring that the Town be
provided with at least 30 days prior written notice of any change in the policy, or
its cancellation.
8.
INDEPENDENT ENTITY
8.1
The Society is independent from the Town of Sidney and shall bear all the
responsibility for managing its own affairs, hiring its own employees, and paying
all its own expenses including all salaries, subject to the terms of this bylaw.
8.2
Employees of the Society are not employed by the Town of Sidney and as such
are not bound by, nor benefit from, the terms and conditions set out in
agreements made between the Town of Sidney and its employees.
8.3
The Society shall not, in any manner whatsoever, commit or purport to commit
the Town of Sidney to the payment of any money to any person, firm or
corporation.
9.
TERM OF EFFECTIVENESS
This bylaw shall be in effect from the 1st day of January, 2023 to the 31st day of
December, 2027.
10.
CITATION
This bylaw may be cited as "Town of Sidney Business Improvement Area Bylaw
No. 2230."
Read a first time this
11th
day of April, 2022.
Read a second time this
11th
day of April, 2022.
Read a third time this
11th
day of April, 2022.
Adopted this
13th
day of June, 2022.
_____________________________
______________________________
MAYOR
CORPORATE OFFICER
Bylaw No. 2230 - Business Improvement Area 4
SCHEDULE A
Business Improvement Area