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HomeMy WebLinkAboutBy-law 8080-24The Corporation of the City of Pickering By-law No. 8080/24 Being a by-law to authorize the Construction of the Pickering Heritage & Community Centre project in the City of Pickering and the issuance of debentures in the amount of $8,367,000.00. 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; 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 may or in any other way; 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; 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”); Whereas the Council of the City wishes to proceed with debenture financing for the Construction of the Pickering Heritage & Community Centre project; Whereas before authorizing the Construction of the Pickering Heritage & Community Centre project in the City of Pickering, 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, the 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 FIN 03-24 on the date hereof and approved the Construction of the Pickering Heritage & Community Centre project in the City of Pickering; By-law No. 8080/24 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 “Construction of the Pickering Heritage & Community Centre”; 2.That the estimated costs of the project in the amount of $58,239,550.00 be financed as follows: a). the sum of $8,367,000.00 or less be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; b). the sum of $16,522,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years to address the funding shortfall of the Development Charges-Parks and Recreation Reserve Fund (“DC-Parks & Recreation RF”), and that this amount be repaid from future development charge collections as the first source of repayment; c). the sum of $2,409,243.00 be funded from the Development Charges-Library Reserve Fund; d). the sum of $8,000,897.00 to be funded from the Development Charges-Parks and Recreation Reserve Fund; e). the sum of $12,500,000.00 to be funded by the Green & Inclusive Community Building Programs Federal Grant; f). the sum of $4,000,000.00 to be funded by the Canada Cultural Space Fund Federal Grant; g). the sum of $588,628.00 to be funded from the Community Benefit Charges Reserve Fund; h). the sum of $4,900,000.00 to be funded from the Senior Centre Reserve; i). the sum of $470,000.00 to be funded from the Library Building Reserve; j). the sum of $481,782.00 to be funded from the Casino Reserve; and, 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 2025 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; Page 3 By-law passed this 5th day of February, 2024 By-law No. 8080/24 Original Signed By___________________________________ Kevin Ashe, Mayor Original Signed By___________________________________ Susan Cassel, City Clerk