HomeMy WebLinkAbout23 088 Approve Submission of an Application to the Ontario Infrastructure and Lands Corporation - Queen Street Sewermain Replacement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
The Corporation of the Municipality of Kincardine
By-law 2023 - 088
A BY-LAW TO APPROVE THE SUBMISSION OF AN
APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS
CORPORATION ("OILC") FOR THE LONG-TERM FINANCING OF
CERTAIN CAPITAL WORK(S) OF THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE (THE "MUNICIPALITY"); AND
TO AUTHORIZE THE ENTERING INTO OF A RATE OFFER
LETTER AGREEMENT PURSUANT TO WHICH THE
MUNICIPALITY WILL ISSUE DEBENTURES TO OILC
WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act")
provides that a municipal power shall be exercised by by-law unless the municipality is
specifically authorized to do otherwise;
AND WHEREAS the Council of the Municipality has passed the by-law(s)
enumerated in column (1) of Schedule "A" attached hereto and forming part of this By-
law ("Schedule "A") authorizing the capital work(s) described in column (2) of Schedule
"A" ("Capital Work(s)") in the amount of the respective estimated expenditure set out in
column (3) of Schedule "A" , subject in each case to approval by OILC of the long-term
financing for such Capital Work(s) requested by the Municipality in the Application as
hereinafter defined;
AND WHEREAS before the Council of the Municipality approved the Capital
Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the "Regulation"),
the Council of the Municipality had its Treasurer calculate an updated limit in respect of
its then most recent annual debt and financial obligation limit received from the Ministry
of Municipal Affairs and Housing (as so updated, the "Updated Limit"), and, on the basis
of the authorized estimated expenditure for the Capital Work or each Capital Work, as the
case may be, as set out in column (3) of Schedule "A" (the "Authorized Expenditure" for
any such Capital Work), the Treasurer calculated the estimated annual amount payable
in respect of the Capital Work or each Capital Work, as the case may be, and determined
that the estimated annual amount payable in respect of the Capital Work or each Capital
Work, as the case may be, did not cause the Municipality to exceed the Updated Limit,
and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the
Regulation, was not required before any such Capital Work was authorized by the Council
of the Municipality;
AND WHEREAS subsection 401(1) of the Act provides that a municipality
may incur a debt for municipal purposes, whether by borrowing money or in any other
way, and may issue debentures and prescribed financial instruments and enter
prescribed financial agreements for or in relation to the debt;
AND WHEREAS the Act also provides that a municipality shall authorize
long-term borrowing by the issue of debentures or through another municipality under
section 403 or 404 of the Act;
AND WHEREAS OILC has invited Ontario municipalities desirous of
obtaining long-term debt financing in order to meet capital expenditures incurred on or
after the year that is five years prior to the year of an application in connection with eligible
capital works to make application to OILC for such financing by completing and submitting
an application in the form provided by OILC;
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AND WHEREAS the Municipality has completed and submitted or is in the
process of submitting an application to OILC, as the case may be to request financing for
the Capital Work(s) by way of long-term borrowing through the issue of debentures to
OILC, substantially in the form of Schedule "B" hereto and forming part of this By-law (the
"Application");
AND WHEREAS OILC has accepted and has approved or will notify the
Municipality only if it accepts and approves the Application, as the case may be;
AND WHEREAS at least five (5) business days prior to the passing of the
debenture by-law in connection with the issue of Debentures as defined below, OILC will
provide the Municipality with a rate offer letter agreement substantially in the form as
provided to the Municipality on or prior to the date of this By-law (the "Rate Offer Letter
Agreement");
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE ENACTS AS FOLLOWS:
1. The Council of the Municipality hereby confirms, ratifies and approves the
execution by the Treasurer of the Application and the submission by such
authorized official of the Application, duly executed by such authorized official, to
OILC for the long-term financing of the Capital Work(s) in the maximum principal
amount of$4,556,500, with such changes thereon as such authorized official may
hereafter, approve such execution and delivery to be conclusive evidence of such
approval.
2. The Mayor and the Treasurer are hereby authorized to execute and deliver for and
on behalf of the Municipality the Rate Offer Letter Agreement under the authority
of this By-law in respect of the Capital Work(s) on such terms and conditions as
such authorized officials may approve, such execution and delivery to be
conclusive evidence of such approval.
3. Subject to the terms and conditions of the Rate Offer Letter Agreement, the Mayor
and the Treasurer are hereby authorized to long-term borrow for the Capital
Work(s) and to issue debentures to OILC on the terms and conditions provided in
the Rate Offer Letter Agreement (the "Debentures"); provided that the principal
amount of the Debentures issued in respect of the Capital Work or of each Capital
Work, as the case may be, does not exceed the Authorized Expenditure for such
Capital Work and does not exceed the related loan amount set out in column (4)
of Schedule "A" in respect of such Capital Work.
4. In accordance with the provisions of section 25 of the Ontario Infrastructure and
Lands Corporation Act, 2011, as amended from time to time hereafter, the
Municipality is hereby authorized to agree in writing with OILC that the Minister of
Finance is entitled, without notice to the Municipality, to deduct from money
appropriated by the Legislative Assembly of Ontario for payment to the
Municipality, amounts not exceeding the amounts that the Municipality fails to pay
to OILC on account of any unpaid indebtedness of the Municipality to OILC under
the Debentures (the "Obligations") and to pay such amounts to OILC from the
Consolidated Revenue Fund.
5. For the purposes of meeting the Obligations, the Municipality shall provide for
raising in each year as part of the general levy, the amounts of principal and
interest payable in each year under the Debentures issued pursuant to the Rate
Offer Letter Agreement, to the extent that the amounts have not been provided for
by any other available source including other taxes or fees or charges imposed on
persons or property by a by-law of any municipality.
6. (a) The Mayor and the Treasurer are hereby authorized to execute and deliver
the Rate Offer Letter Agreement, and to issue the Debentures, one or more
of the Clerk and the Treasurer are hereby authorized to generally do all
things and to execute all other documents and papers in the name of the
Municipality in order to perform the terms and conditions that apply to the
Municipality as set out in the Rate Offer Letter Agreement and to perform
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the Obligations of the Municipality under the Debentures, and the Treasurer
is authorized to affix the Municipality's municipal seal to any such
documents and papers.
(b) The money realized in respect of the Debentures, including any premium,
and any earnings derived from the investment of that money, after providing
for the expenses related to the issue of the Debentures, if any, shall be
apportioned and applied to the respective Capital Work and to no other
purpose except as permitted by the Act.
7. This By-law takes effect on the day of passing.
ENACTED AND PASSED this 5th day of June, A.D. 2023.
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Kenneth Craig Jennifer wrie
Mayor Clerk
Schedule "A"
to By-law Number 2023 - 088
(Capital Work(s))
(1) (2) (3) (4)
By-law Number Description of Capital Work Estimated Loan Amount
Expenditure
2023-036 Queen Street Sewermain $7,430,000 $4,556,500
Replacement
Schedule "B"
To By-law Number 2023 - 088
gra Infrastructure
WO Y Ontario
Webloans Loan Application PDF
Application for Kincardine,The Corporation of The Municipality of
Prujnk
Loan Construction/Purchase Construction/Purchase
Application ID Project Name Start End Project Cost OILC Loan Amount
0 Queen St Sewer Main 04/01/2023 10/31/2023 $7,419,626.00 4,656,417,00
Replacement
Dul,lil;of Prujecl Queen Sl Sewer Ulir Iy(i)l,tcenit:n1
Project Category Municipal Roads Infrastructure
Project Name Queen St Sewer Main Replacement
Construction/Purchase Start 04101/2023
Construction/Purchase End 10/31/2023
Energy Conservation r
Project Address 1 707 Queen St
Project Address 2
City I Town Kincardine
Province ON
Postal Code N2Z 1A9
Description This project is in the central business district of the Municipality.Work includes the removal of unit
paver sidewalk and placement of standard concrete as well as coloured&stamped concrete;sub t.
gutter and road asphalt,replacement of storm sewers and services,sanitary sewer and services.
walermain and water services front the watormain Io inside the buildings,replacement of traffic signal
vehicle detection&controllers,removal and replacement of trees.
Comments and/or Special
Requests
Useful Life of Asset(Years) 60
Pui:;; Infcmr,11i,;n
Type of Financing Longterm only k<
Payment Frequency Monthly
Project Cost(A) $7,419,625.00
Other Project Funding I Financing(B);
Description Timing Amount
Water Reserve Funds Existing $2,406,542.00
Sewer Reserve Funds Existing $128,333.00
Llfecycle Reserve Fund Existing $328,333.00
Other Project Funding/Financing Total(B) $2,863,208.00
OILC Loan Amount(A•B) 1 $4,556,417.00
Only Include long•term borrowing In this section
Required Date Amount Term Type
10/01/2023 $10,282,833.00 20 J Amortizing zi
Longterm Borrowing Total 510,282,833.00
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Has there been any newlundisclosed debt acquired since last FIR r Yes P No
was submitted?
Please describe any refinancing plans for any existing"interest
only"debt,If applicable.
Nnn uans t,ntw,,.
In the last 10 years,has the borrower ever failed to make a loan payment or debenture repayment on time to any lender,Including the
Provincial Government?
If yes,please provide details.
Oil C L(),in i;� ;uynf��ni In(arn.�ti:ni
Please Indicate the source(s)of revenue you plan to use to repay the OILC Loan
Taxation 50.00
User Fees 50.0o
Service Charges 0.00
Development Charges 0.00
Connection Fees 0.00
Repayment Subsidies 0.00
Other
Total 100.00',,
Dot1Oucnlalicn Midl\taaxm.lcri(;cmeni�
Please ensure all required documents are submitted with the signed application.OILC requires originals as noted below to be mailed or couriered.Also,
please retain a copy of all documents submitted to OILC for your records.
To obtain templates for documents see listed below.
a Loan Application Signature Page signed and dated by the appropriate Individual(original to be submitted)
• Certificate and sealed copy of OILC template Bylaw authorizing project borrowing and applying for a loan(original with seal)
• Certificate of Treasurer Regarding Litigation using the OILC template(original,signed&sealed)
• Updated Certified Annual Repayment Limit Calculation(original)
R I acknowledge and agree that all of the above referenced documents must be submitted In the form required by OILC and understand that the application
will not be processed until such documents have been fully completed and received by Infrastructure Ontario.
Please note:OILC retains the right to request and review any additional information or documents at Its discretion.
Confidential Information
OILC is an institution to which the Freedom of Information and Protection of Privacy Act(Ontario)applies.Information and supporting documents submitted by
the Borrower to process the loan application will be kept secure and confidential,subject to any applicable laws or rules of a court or tribunal having
Jurisdiction.
Treasurtr Sane q'Joa3
Infrastrticttne Ontario
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