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HomeMy WebLinkAboutCS 02-11 ear Report To Executive Committee PICKERING Report Number: CS 02-11 Date: January 10, 2011 18 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2011 Temporary Borrowing By-law Recommendation: 1. That Report CS 02-11 from the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2011 current expenditures pending receipt of taxes and other revenues be established at $34,600,000 for the period January 1, 2011 to September 30, 2011 inclusive, and $17,300,000 thereafter until December 31, 2011; 3. That the temporary borrowing limit for capital purposes for 2011 be established at $12,400,000; 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: Not applicable 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, we will be undertaking external borrowing from the Regional Municipality of Durham (Region) in 2011 for approved capital expenditures. For current purposes, the $33.8 million limit for 2010 has been increased to $34.6 million for 2011 and the $16.9 million has been increased to $17.3 million. The limit for capital purposes for 2011 has been established at $12.4 million based on the first draft (dated November 12, 2010) of the 2011 Capital Budget. This may have to be adjusted once the 2011 Capital Budget has been approved. Report CS 02-11 January 10, 2011 Subject: 2011 Temporary Borrowing By-law Page 2 Sustainability Implications: Council approval to undertake temporary borrowings, if necessary, for current operations and capital projects is necessary in order to financially sustain the City's operations. To date, it has not been necessary for the City to undertake such temporary financing measures. However, approval is always sought at the beginning of the fiscal year (calendar) in order to be prepared in the event that loans are necessary. Background: The borrowing of funds for current and capital purposes may become necessary during the normal course of operations during 2011. Under the provisions of Section 407 of the Municipal Act, 2001, (the Act), the Council of the City of Pickering 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, for capital projects pending permanent financing, including the issuance of debentures by the Region. Current Budget Financing The amount of such temporary borrowing outstanding at any one time is generally limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50% of the estimated annual revenues from January 1St to September 30th 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 2010 estimates of the Corporation, the allowable level of temporary borrowing outstanding under legislation is estimated at $34,600,000 from January 1St to September 30th and $17,300,000 thereafter. The requested $34,600,000 should be sufficient to meet the current expenditures of the City until the levies for 2011 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 the Treasurer to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $12.4 million capital borrowing limit would provide sufficient funds to cover the estimated 2011 capital expenditures. Report CS 02-11 January 10, 2011 Subject: 2011 Temporary Borrowing By-law Page 3 20 Attachment: 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 2011 Prepared By: Approved / Endorsed By: JQ. Gr` Caryn Kong Gillis A. Paterson Senior Financial Analyst - Capital & Director, Corporate Services & Treasurer Debt Management GAP:ck Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci Cou i / /0x2010 Tony Prevedel, P.Eng. Chief Administrative Officer 2 ATTACHMENT #-4-TO REPORT #_L o _ l l 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 2011. 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 Municipality 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 Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by law to be provided by the Council for any local board of the Municipality, Whereas Section 407(2) limits the total of such borrowings to not exceed 50% of the estimated annual revenues from January 1, 2011 to September 30, 2011 and 25% thereafter; Whereas it is deemed necessary by the said Council to borrow the sum of thirty-four million, six hundred thousand dollars ($34,600,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2011, including the amounts and sums aforesaid, Whereas the said sum of thirty-four million, six hundred thousand dollars ($34,600,000) plus any similar borrowings that have not been repaid, is less than 50%'of the total amount of the estimated revenues of the Municipality from January 1St to September 30th as set forth in the estimates adopted by the said Council for the year 2010 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $17,300,000 is less than 25% 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 said Council to borrow the sum of twelve million, four hundred thousand dollars ($12,400,000) to meet the capital expenditures approved by Council. By-law No. Page 2 .2 2 Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: The Mayor and 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 thirty- four million, six hundred thousand dollars ($34,600,000) to meet, until the levies for the year 2011 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2011 to September 30, 2011 inclusive and $17,300,000 thereafter until December 31, 2011. 1. The Mayor and 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 twelve million, four hundred thousand dollars ($12,400,000) to meet the capital expenditures as approved by Council, of the Municipality 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, 2011. By-law read a first, second and third time and finally passed this 17th day of January, 2011. David Ryan, Mayor Debbie Shields, City Clerk