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HomeMy WebLinkAboutBy-law 6891/08 THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO.6891/08 Being a by-law to authorize the Tennis Court Roof Replacement - Pickering Recreation Complex in the City of Pickering and the issuance of debentures therefor in the amount of $205,000. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City wishes construction to proceed in respect of the Tennis Court Roof Replacement - Pickering Recreation Complex project; and, WHEREAS before authorizing the construction to proceed in respect of the Tennis Court Roof Replacement - Pickering Recreation Complex project on the date hereof the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; AND WHEREAS after determining that Ontario Municipal Board approval is not required, the Council of the City approved Report OES 25-08 on the date hereof and awarded Tender T-15-2008 for the Tennis Court Roof Replacement - Pickering Recreation Complex project. NOW THEREFORE, THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: BY-LAW NO 6891/08 Page 2 1. That the City proceed with the construction of the project referred to as "Tennis Court Roof Replacement - Pickering Recreation Complex "; 2. That the estimated costs of the construction in the amount of $205,243.20 be financed as follows: a) That the sum of $205,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the balance amount of $243.20 be funded from the 2008 Current Budget; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2009 and continuing thereafter until the loan is repaid. BY-LAW read a first, second and third time and finally passed this 15th day of September, 2008. David Ryan, ~'ibDt/~~. Debi A. Wilcox, City Clerk