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2008/09/22 (2) , . r,~ The City of Niagara Falls, Ontario Resolutaon September 22, 2008 No. 26 Moved by Councillor Kerrio Seconded by Councillor Wing WHEREAS the Corporation of the City of Niagara Falls ("City of Niagara Falls") is undertaking the construction of the Niagara Convention & Civic Centre ("NCCC"); and WHEREAS the construction ofthe NCCC has been financed through generous contributions from the Board of Management of the Fallsview Business Improvement Area, the Board of Management of the Victoria Centre Business Improvement Area, and the Governments of Ontario and Canada; and WHEREAS the Regional Municipality ofNiagara has contributed to NCCC by entering into a long term lease to provide a parking azea, at nominal consideration, and is prepared to contribute further by way of a waiver of any development charges and property taxes, that may be payable as a result of the development and operations of the NCCC, provided that the City of Niagara Falls does the same; and WHEREAS the contributions provided by the Board of Management of the Fallsview Business Improvement Area, the Board of Management of the Victoria Centre Business Improvement Area, and the Governments of Ontario and Canada have all been predicated on the expressed understanding that the City of Niagara Falls would contribute to the development of the NCCC by waiving all taxes and municipal fees; and WHEREAS it is the intention of the City of Niagara Falls that the NCCC will be operated as a Municipal Capital Facility as that term is defined in the Municipal Act, 2001 and, therefore, not be required to pay municipal taxes or any municipal fees including, without limiting the generality of the foregoing, development charges and building permit fees; and WHEREAS the business model upon which the NCCC was proposed and continues to progress is predicated upon the NCCC being operated as a Municipal Capital Facility and exempt from municipal fees and taxes. THEREFORE BE IT RESOLVED THAT the Niagara Convention & Civic Centre will be operated as Municipal Capital Facility as defined in the Municipal Act, 2001; and FURTHER BE IT RESOLVED THAT the Staff of the Corporation of the City of Niagara Falls shall take whatever steps are requixed to ensure that the Niagara Convention & Civic Centre has the benefit of a waiver of any and all taxes and fees that are within the control of the Corporation of the CiYy of Niagara Falls. Carried Unanimouslv AND The Seal of the Corporation be hereto affixed. ~ ~ E I I~A R. T. TED SALCI ~ ) CITY C ERK MAYOR