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Home My WebLink AboutFIN 22-14 City Report to =_ -� -- Executive Committee • PICKERIN Report Number: FIN 22-14 Date: December 8, 2014 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2015 Temporary Borrowing By-law • Recommendation: 1. That Report FIN 22-14 from the Director, Corporate Services & City Solicitor be received; 2. That the temporary borrowing limit of$41,000,000 be established to meet 2015 current expenditures pending receipt of taxes and other revenues for the period January 1, 2015 to September 30, 2015 inclusive, and $20,000,000 thereafter until December 31, 2015;. 3. That the temporary borrowing limit for capital purposes for 2015 be established at $25,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Staff recommend that Council approve temporary 2015 borrowing limits as set out in the above recommendations. Council approval is required to undertake temporary borrowings, if necessary, for current operations and capital projects in order to meet the expenses of the City for 2015, until the taxes are collected and other revenues are received. Approval is always sought at the end of the City's fiscal (calendar) year in order to be prepared, in the event that loans are necessary, as we proceed into the New Year. The passing of this report and corresponding By-law will provide the City financial flexibility to deal with unanticipated negative events. Put another way, this report provides the City with a financial safety net. 100 Report FIN 22-14 December 8, 2014 Subject: 2015 Temporary Borrowing By-law Page 2 Financial Implications: At this time, it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. With internal borrowings being limited, the City must undertake external borrowing from the • Regional Municipality of Durham (the "Region") in 2015 for approved capital expenditures. For current purposes, the $39 million limit for January 1 to September 30, 2014 has been increased to $41 million for January 1 to September 30, 2015 and the $19 million limit for October 1 to December 31, 2014 has been increased to $20 million for October 1 to December 31, 2015. The limit for capital purposes for 2015 has been established at $25 million based on the first draft dated November 3, 2014 of the draft 2015 Capital Budget. This may have to be adjusted once the 2015 Capital Budget has been approved by Council. Discussion: The borrowing of funds for current and capital purposes may become necessary in the normal course of operations during 2015. Under Section 407 of the Municipal Act, 2001, as amended (the "Act"), Council may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings under individual project approvals, and for capital projects, pending permanent financing. Current Budget Financing The amount of such temporary borrowing outstanding at any one time is limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50% of the estimated annual revenues from January 1 to September 30•and to 25% thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the preceding year. Based upon the 2014 estimates of the Corporation, the allowable level of temporary borrowing outstanding under the Act is estimated at$41 million from January 1 to September 30 • and $20 million thereafter. The requested $41 million should be sufficient to meet the current expenditures of the City until the levies for 2015 are received. It is hoped that this amount will provide a sufficient level of temporary borrowings taking into account the potential effects of taxation legislation and its impact on cash flows. Capital Budget Financing Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for staff obtain additional temporary interim financing (internal or external) for capital 101 Report FIN 22-14 December 8, 2014 Subject: 2015 Temporary Borrowing By-law Page 3 projects approved by Council. The $25 million capital borrowing limit should provide sufficient funds to cover the estimated 2015 capital expenditures. Attachments: 1. By-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2015 Prepared By: Approved/Endorsed By: Caryn Kong, CPA, CGA Stan Karwowski, MBA, CPA, CMA Senior Financial Analyst— Capital & Divi n Head, Finance &Treasurer Debt Management Paul :11.•i Direc i•r, Co is orate Services & City Solicitor Recommended for the consideration of Pickerin• City Council `d1): 2! ZOO Tony Prevedel, P.Eng. Chief Administrative Officer • 102 Attachment 1 to Report FIN 22-14 The Corporation of the City of Pickering By-law No. Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2015. Whereas Section 407(1)of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the City to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the City for the year, including the amounts required for principal and interest falling due within the year upon any debt of the City, and the sums required by law to be provided by the Council for any local board of the City; Whereas Section 407(2) limits the total of such borrowings to not exceed 50% of the estimated annual revenues from January 1 to September 30, 2015 and 25% thereafter; Whereas it is deemed necessary by the said Council to borrow the sum of forty-one million ($41,000,000) to meet, until the taxes for the current year are received, the current expenditures of the City for the year 2015, including the amounts and sums aforesaid; Whereas the said sum of forty-one million ($41,000,000) plus any similar borrowings that have not been repaid, is less than 50% of the total amount of the estimated revenues of the City from January 1 to September 30 as set forth in the estimates adopted by the Council for the year 2014 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies, and twenty million dollars ($20,000,000) is less than 25% of the estimated revenues thereafter; • Whereas the Municipal Act, 2001, provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the Council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, Whereas it is deemed necessary by the Council to borrow the sum of twenty-five million ($25,000,000) to meet the capital expenditures approved by Council. 103 By-law No. Page 2 Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The Mayor and Division Head, Finance &Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum.or sums not exceeding forty-one million ($41,000,000) to meet, until the levies for the year 2015 are received, the current expenditures of the City for such year, including the amounts required for principal and interest falling due within the year upon any debt of the City for the period January 1 to September 30, 2015 in clusive and twenty million dollars ($20,000,000) thereafter until December 31, 2015. 2. The Mayor and Division Head, Finance &Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty-five million ($25,000,000) to meet the capital expenditures as approved by Council, of the City including the amounts required for principal and interest. 3. Any promissory notes made under the authority of this by-law shall be sealed and signed in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This By-law shall come into effect on the first day of January, 2015. By-law passed this 15th day of December, 2014. David Ryan, Mayor Debbie Shields, City Clerk 104