The Mandate of the Downtown Development Commission (DDC) is to make the Downtown a more attractive place to live, shop, work and visit while preserving and enhancing the Downtown as the dominant commercial center of St. John’s. We strive to recognize the important balance between office, retail and commercial and work to preserve the historic and traditional character of the Downtown.

Goals of the DDC.

In January 1990, the DDC and the City of St. John's commissioned the St. John's Downtown Development Strategy and Marketing Study which identified the four main goals of the DDC:

1. To make the Downtown a more attractive place to live, shop, work and visit;

2. To preserve and enhance the Downtown as the dominant commercial center of St. John's;

3. To recognize the importance of balance bewtween office and retail commercial;

4. To preserve the historic and traditional character of the downtown.

BY-LAW NO. 1095
AMENDMENT NO. 1111, 1117, 1162, 1333
DOWNTOWN B.I.A. BY-LAW
PASSED BY COUNCIL ON March 08, 89

Pursuant to the powers vested in it under Section 110.0 of The City of St. John's Act, Chapter 40, R.S.N., 1970 as amended, and all other powers it enabling the St. John's Municipal Council in regular session convened on the 8th day of March, 1989 hereby passes and enacts the following By-Law establishing the Downtown St. John's Business Improvement Area.

NAME OF BY-LAW

1. This By-Law shall be known as the "St. John's Downtown Business Improvement Area" By-Law.

DEFINITIONS

2. For the purposes of this By-Law the following definitions shall apply:

(1) "Area" refers to the St. John's Downtown Business Improvement Area established herein and outlined in the diagram annexed hereto as Schedule "A".

(2) "Board" refers to the Board of Management established herein.

(3) "Business" refers to those businesses, trades and professions located within the boundaries of the Business Improvement Area and shown on the latest revised assessment roll as being assessed for business tax.

(4) "City" refers to The City of St. John's.

(5) "City Clerk" refers to the City Clerk of The City of St. John's or his designate.

(6) "City Council" or "Council" refers to the Council of The City of St. John's.

(7) "City Treasurer" refers to the City Treasurer of The City of St. John's or his designate.

DESIGNATION OF B.I.A.

3. There is hereby established the Downtown Business Improvement Area as outlined in Schedule "A" attached hereto forming part of this By-Law.

ESTABLISHMENT OF BOARD OF MANAGEMENT

4. (1) There is hereby established for the Downtown Business Improvement Area a Board of Management (hereinafter referred to as the "Board");

(2) The Board may be operated under the name "The St. John's Downtown Development Commission". (Amended 08/06/90 1162)

5. The Board shall consist of twelve (12) persons appointed annually by resolution of the Council. (Amended 20/09/89 1117)

6. Membership of the Board shall be constituted as follows:

(1) At least one person appointed shall be a member of Council; and

(2) The remaining members of the board shall be elected.

ELECTION OF BOARD MEMBERS

7. To be eligible for election to the Board, a person must be at least nineteen (19) years of age, must have paid to date all levies assessed in accordance with section 21 and must be:

(1) A person carrying on a business within the Area and assessed for business tax; or

(2) A designated representative of a person, company, corporation, firm, group, organization or other similar body carrying on a business within the Area and assessed for business tax. (Amended 05/16/94; #1333)

8. To be eligible to vote for the election of Board members, a person must have paid to date all levies assessed in accordance with section 21 and must be:

(1) A person carrying on a business trade or profession within the Area and assessed for business tax; or

(2) A designated representative of a person, company, corporation, firm, group, organization or other similar body carrying on a business within the Area and assessed for business tax. (Amended 05/16/94; #1333)

9. Each person, company, corporation, firm, group, organization or other similar body has one vote only for each location from which the business is carried on and for which business tax is assessed, and for the purpose of exercising this vote shall have only one designated representative for each business location.

TERM OF OFFICE

10. Notwithstanding the annual appointment of members of the Board by Council, the appointees, other than Council members, elected under the provisions of this By-Law shall be elected for a period of two years with the exception that one half or as close as possible to one half of the members of the first Board shall be elected for one year and the other half for two years. Thereafter, one half of the Board shall be elected annually with the intent that there will be an annual rotation of approximately one half of the Board.

11. A Board Member hold office until his or her successor is appointed and he or she is eligible for re-election and reappointment on the expiration of his or her term of office.

VACANCY ON BOARD

12. Where a vacancy occurs in the membership of the Board, the Council shall fill the vacancy by appointing a person otherwise eligible for appointment or election as determined by this By-Law and his or her term of office shall be until the next annual election of the Board.

13. Notwithstanding any other provision of this By-Law where a member of the Board fails to attend three (3) consecutive regular meetings of the Board without just cause and the approval of the Board, the Board may by resolution determine that the member shall cease to be a member of the Board and the vacancy so created shall be reported to Council which shall fill the vacancy in accordance with the provisions of Section 12 hereof.

ELECTION PROCESS

14. (1) The Annual election of members to the Board shall be held not later than the 15th day of December. The date, time and place for the election shall be set annually by council.

(2) The election shall be conducted under the supervision of the City Clerk who shall be the Returning Officer for the election.

(3) Written nominations on the prescribed form shall be filed with the Returning Officer no later than the close of business on the seventh business day prior to the date set for the election.

(4) The election shall be conducted by secret ballot between the hours of 10:00 a.m. and 3:00 p.m. on the date set for the election.

(5) For the purpose of determining eligibility for election or for voting under this By-Law, the latest revised assessment roll of the City shall be conclusive.

(6) Persons designated as representatives under Section 7 and 8 hereof provide the Returning Officer with written confirmation of their designated status, if requested.

ELECTION/APPOINTMENT OF OFFICERS, SECRETARY-TREASURER AND OTHER PERSONS

15. (1) The Board shall, as soon as possible after its members are appointed, and annually thereafter, elect a Chairman, Vice-Chairman and such other officers, as it may deem necessary to properly conduct its business and further, it may establish standing committees to assist in the performance of the duties assigned to the Board.

(2) The Board shall appoint an Executive Director, who shall not be a member of the Board, whose duties and responsibilities shall be:

(i) to keep a record of all proceedings of the Board and its committees;
(ii) to have the custody and care of all records and documents of the Board;
(iii)to ensure all administrative duties of the Board are carried out; and,
(iv)to supervise all persons employed by the board.

(3) The Board may appoint such other employees or hire such other individuals or firms, none of whom shall be members of the Bar, as are deemed necessary for performing the duties and responsibilities of the Board.

(4) The Board may appoint such advisors as they deem necessary for the purpose of providing resource services to its members. Such persons will act in an advisory capacity only, and shall not be members of the Board nor have any voting privileges in the decisions rendered by the Board.

MEETINGS OF THE BOARD

16. (1) The Board may meet as often as deemed necessary by the Chairman but in any case it shall meet at least monthly.

(2) The Board may adopt rules of procedure for the conduct of the internal affairs of the Board.

MINUTES, FINANCIAL RECORDS AND OTHER RECORDS OF THE BOARD

17. (1) The Board shall keep proper minutes and records of every meeting of the Board, and shall make these available to all members of the Board and to the City Clerk. The minutes and records of the Board shall be open to inspection by any person assessed for business assessment in the area or nominee of a corporation so assessed.

(2) The Board shall adopt and maintain only banking arrangements and good accounting practices that are acceptable to the City Treasurer and shall keep such books of account and submit such statements from time to time as the City Treasurer may require.

AUDITOR
18. The Board shall appoint an auditor, to be approved by the City to be the auditor of the Board and all books, documents, records of transactions, minutes and accounts of the Board shall, at all times, be open to his inspection.

APPROVAL OF ESTIMATES BY COUNCIL

19. (1) The Board shall submit to Council its estimates of expenditures for each fiscal year at the time and in the form prescribed by the Council and may make requisitions upon the Council for all sums of money required to carry out its powers and duties on a quarterly basis but nothing herein divests the Council of its authority to reject the estimates of the Board in whole or in part or to provide the money for the purposes of the Board and when money is so provided by the Council the City Treasurer shall, upon the certificate of the Board, pay out the money to the Board on a quarterly basis.

(2) Before submitting the estimates to City Council for approval, the Board shall send, to every person assessed for business assessment in the area, a notice informing him of the proposed expenditures of the Board, together with the date and place of the public meeting at which those estimates will be considered and representations may be made. Upon the conclusion of this public meeting the Board shall submit to City Council the results of the public meeting together with its budget estimates for approval.

LIMIT OF THE BOARD'S EXPENDITURE OF MONIES

20. (1) The Board shall not expend any monies except for expenditures included in its budget as approved by Council.

(2) The Board shall not, without prior approval of Council, make or authorize an expenditure in any year for any purpose in excess of the amount provided for that purpose in its estimates of expenditure for that year as approved by Council or incur indebtedness in any year for any purpose which is not payable from its estimates of expenditures for that year as approved by Council.

(3) The Board may not borrow money for a term beyond the current fiscal year unless approved by Council.

LEVY ON BUSINESS ASSESSMENT

21. The Council shall authorize the levy or levies upon all business occupancy assessments within the Business Improvement Area, of a rate not exceeding 10% of the business tax in order to fund the approved budget of the Board provided that no such levy shall exceed the sum of Four thousand dollars ($4,000.00) for any individual business occupancy.

FISCAL YEAR AND ANNUAL REPORT OF THE BOARD

22. The fiscal year of the Board shall be the calendar year and, on or before the 15th day of June in each year, the Board shall submit its annual report for the preceding year to Council, and that report shall include a complete audited and certified financial statement of its affairs, with balance sheet and revenue and expenditure statement.

INSURANCE

23. The City shall be responsible for obtaining insurance policies against public liability in respect of the Board's activities the cost of which shall be paid for by the Board.

ASSETS AND LIABILITIES

24. Upon the repeal of this By-Law the Board shall cease to exist and its undertakings, assets and liabilities shall be assumed and taken over by the City and all books, documents, records of transactions, minutes and accounts of the Board shall be immediately transferred to the City for retention in accordance with the provisions of The City Act.

DISSOLUTION OF THE BUSINESS IMPROVEMENT AREA AND BOARD OF MANAGEMENT

25. Upon petition of one third of those persons, companies, corporation, firms, groups, organizations or other similar bodies liable to taxation under this By-Law the City shall conduct a vote to determine if the Business Improvement Area shall continue to exist, which vote shall be decided by simple majority of those eligible to vote.

SCHEDULE "A"
The following is a geographic description of the Business Improvement Area. Businesses assessed for business tax which abut or are inside this boundary would be included in the B.I.A.

-beginning at the northwest corner of New Gower Street and Springdale Street and continuing in a westerly direction 75 metres along the north side of Springdale Street;

-thence running in a northeasterly direction along a line 75 metres parallel to the west side of New Gower Street;

-thence running in a southwesterly direction along the north side of the ramp to City Hall roof top parking to the east side of Queen's Road;

-thence running along the east side of Queen's Road to the southeast side of Gower Street;

-thence running in a northeasterly direction along the southeast side of Gower Street to the south side of Church Hill;

-thence running southeast along the south side of Church Hill to the northwest side of Duckworth Street;

-thence running northeast along the northwest side of Duckworth Street to the north side of Cathedral Street;

-thence running along a lien at the rear of properties fronting on the northwest side of Duckworth Street to the north side of Cavendish Square;

-thence running northwest approximately 90 metres along the north side of Cavendish Square to the rear of property fronting on Forest Road;

-thence running in a northeast direction along a line at the rear of properties fronting on Forest Road to the west side of Empire Avenue;

-thence running south along the west side of Empire Avenue to Plymouth Road;

-thence running south and crossing Plymouth Road to the west side of Quidi Vidi Road;

-thence running south along the west side of Quidi Vidi Road crossing Duckworth Street to the west side of Temperance Street;

-thence running southeast along the west side of Temperance Street to the high water mark of St. John's Harbour;

-thence running southwest along the high water mark to the face of a wharf;

-thence running southwesterly in an irregular line along the face of wharves fronting on the Harbour to the junction of Prescott Street and Harbour Drive;

-thence running southwest along the north side to Harbour Drive, crossing Water Street to the west side of Water Street;

-thence running south along the west side of Water Street to the north side of Springdale Street;

-thence running along the north side of Springdale Street to the point of commencement at the northwest corner of New Gower Street and Springdale Street intersection. (Amended 21/06/89 1111)

1989 DOWNTOWN ST. JOHN'S BUSINESS IMPROVEMENT
AREA TAX RATE RESOLUTION

IT IS HEREBY RESOLVED that, pursuant to the provisions of The City of St. John's Act, The St. John's Assessment Act and The Downtown St. John's Business Improvement Area By-Law, and all other powers these enabling, the St. John's Municipal Council hereby fixes and imposes The Downtown St. John's Business Improvement Area Tax, as follows:

(1) That the said tax shall be imposed on every person carrying on any business, trade or profession in the said Downtown St. John's Business Improvement Area;

(2) That the said tax shall apply and be assessed and imposed notwithstanding any assessment and taxation of any real property for any other tax or any exemption from such assessment or taxation under the said Acts;

(3) That the said tax shall be at the rate of .17 per centum per annum of the assessed value of the real property used by the person in carrying on business, trade or profession in respect of which the tax is imposed, and that the maximum annual tax levied on the person shall be $4,000 for each location from which the business, trade or profession is carried on.

(4) That for the fiscal year 1989 the said tax shall be imposed for the period July 1 to December 31, and the said tax rate and maximum tax applied proportionately.

(5) That the said tax shall be due and payable on the first day of July, 1989.

Dated the 14th day of June, 1989.

(14/06/89 1110)