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HomeMy WebLinkAboutBy-law 7140/11 The Corporation of the City Of Pickering By-law No.7140/11 Being a by-law to.authorize the Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road in the City of Pickering and the issuance of debentures therefor in the amount of $77,000 Whereas Section 11 of the Municipal Act, 2001, as amended, provides thata 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 40,1(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 Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road; and Whereas before authorizing to proceed with the Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road 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 CS 18-11 on the date hereof and awarded Tender No. T-4-2011 for the Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road. By-law No. 7140/11 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 "Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road", 2. That the estimated costs of the project in the amount of $97,862 be financed as follows: a) That the sum of $77,000 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 sum of $20,862 be funded from Invest in Ontario Grant 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 2012 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 16th day of May, 2011. David R ro -'r yor Debbie Shields, City Clerk