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01-18-2022 - No. 3The City of Niagara Falls, Ontario Resolution January 18, 2022 No. 3 Moved by: Councillor Victor Pietrangelo Seconded by: Councillor Mike Strange WHEREAS the City of Niagara Falls has, by By-laws 2006-059 and 2006-060, designated the Urban Area of Niagara Falls as a Community Improvement Project Area and adopted a City -Wide Brownfield Community Improvement Plan (CIP), which includes the property described herein and which includes in Section 6.3.4 a Program referred to as the Brownfields Tax Assistance Program that incorporates provisions of Section 365.1 of the Municipal Act, S.O. 2001, c. 25, as amended, hereinafter (the "Municipal Act"); and WHEREAS 2806598 Ontario Limited is the registered Owner of property described in Application TARG-2021-002 being lands adjacent to 3659 Stanley Avenue (former CN Railway spur lines) and has applied to the City for Tax Assistance in accordance with the Brownfield Community Improvement Plan and Section 365.1 of the Municipal Act, and that said property being an Eligible Property, the Owner having had conducted a Phase 2 Environmental Site Assessment which identifies that the Eligible Property does not presently meet the criteria outlined in Section 168.4 of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended, hereinafter (the "Environmental Protection Act") required to obtain a Record of Site Condition; and WHEREAS an application for a Brownfield Tax Assistance and Rehabilitation Grant under the City -Wide Brownfield Community Improvement Plan was considered and approved by Council on October 26, 2021 for lands adjacent to 3659 Stanley Avenue described above and a Tax Assistance and Rehabilitation Grant Agreement has been executed; and WHEREAS a Tax Assistance By-law is required to freeze the increased portion of the taxes as outlined in the City -Wide Brownfield Community Improvement Plan for the duration of the rehabilitation period to a maximum of 5 years subject to compliance with the Tax Assistance and Rehabilitation Grant Agreement; THEREFORE BE IT RESOLVED that a Tax Assistance By-law be adopted by Council and forwarded to the Niagara Region for consideration under the Smarter Niagara Incentive Program. Carried (Councillor loannoni abstained from vote) AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON, CITY CLERK ES M. DIODATI, MAYOR