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HomeMy WebLinkAboutBy-law 7919/22 The Corporation of the City of Pickering By-law No.7919/22 Being a by-law to authorize the Purchase of Land for the Construction of 401 Overpass in the City of Pickering and the issuance of debenture in the amount of $4,373,950.00. 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 to proceed with debenture financing for the Purchase of Land for the Construction of 401 Overpass project; and, Whereas before authorizing the acquisition in respect to the Purchase of Land for the Construction of 401 Overpass project, 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 Land Tribunal (OLT) 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 Land Tribunal approval is not required, the Council of the City approved report LEG 09-22 on the date hereof and approved the Purchase of Land for the Construction of 401 Overpass project in the City of Pickering; ___________________________________ By-law No. 7919/22 Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That the City proceed with the project referred to as “Purchase of Land for the Construction of 401 Overpass”; 2.That the estimated costs of the project in the amount of $10,934,876.00 be financed as follows: a). the sum of $4,373,950.00 be financed by the issue of a debenture by The Regional Municipality of Durham over a period not to exceed 20 years; b). the sum of $4,976,232.00 be funded from the Development Charges- Transportation Services Reserve Fund; c). the sum of $1,584,694.00 be funded from a 1-year Internal Loan; 3.That the funds to repay the principal and interest of the debenture be provided for in the annual Current Budget for the City commencing in 2022 or such subsequent year in which the debenture is issued and continuing thereafter until the debenture financing is repaid, for 2 a) noted above; 4.That the funds to repay the principal and interest of the debenture be provided for in the annual Current Budget for the City commencing in 2022 or such subsequent year in which the debenture is issued and continuing thereafter until the debenture financing is repaid from future development charge as the first source of repayment for 2 b) noted above. By-law passed this 28th day of March, 2022 ___________________________________ David Ryan, Mayor Susan Cassel, City Clerk Original Signed By Original Signed By