HomeMy WebLinkAbout15 013 The Ontario Infrastructuare and Lands Corporation (Fire Rescue Vehicle) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT�
�i
' /C /pALliyof KMCP�\0 O
BY -LAW
NO. 2015 - 013
A BY -LAW TO AUTHORIZE CERTAIN CAPITAL WORKS OF THE CORPORATION OF
THE MUNICIPALITY OF KINCARDINE (THE "MUNICIPALITY "); TO AUTHORIZE THE
SUBMISSION OF AN APPLICATION TO THE ONTARIO INFRASTRUCTURE AND
LANDS CORPORATION ( "OILC ") FOR FINANCING SUCH CAPITAL WORKS; TO
AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN
CONNECTION WITH SUCH WORKS; AND TO AUTHORIZE LONG TERM BORROWING
FROM OILC FOR SUCH WORKS THROUGH THE ISSUE OF DEBENTURES
• 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 it is now deemed to be expedient to authorize for the municipal purposes
of the Municipality the new capital works described in column (2) of Schedule "A"
(individually a "Project ", collectively the "Projects ") attached hereto and forming part of this
By -law ( "Schedule "A ") in the amount of the estimated expenditure set out in column (3) of
Schedule "A ", subject in each case to approval by OILC of the financing for such Projects
that will be requested by the Municipality in the Application as hereinafter described;
AND WHEREAS in accordance with section 4 of Ontario Regulation 403/02, the
Council of the Municipality has had its Treasurer update its 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 expenditure for
each Project as set out in column (3) of Schedule "A" ( "Authorized Expenditure "), the
Treasurer has calculated the estimated annual amount payable in respect of each
Project (collectively the "Project Limits ") and has determined that the aggregate of the
• Project Limits does not exceed the Updated Limit, and accordingly the approval of the
Ontario Municipal Board under the Ontario Municipal Board Act (Ontario), as amended,
is not required before any such Project is authorized by Council;
AND WHEREAS subsection 405(1) of the Act provides that a municipality may authorize
temporary borrowing to meet expenditures made in connection with a work to be financed
in whole or in part by the issue of debentures if,
(a) the municipality is an upper -tier municipality, a lower -tier municipality in a
county or a single -tier municipality and it has approved the issue of
debentures for the work;
AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt
for municipal in any other way, and may issue
al purposes, whether by borrowing money or ,
p P p � Y 9 Y Y Y Y
debentures and rescribed financial instruments and enter prescribed financial agreements
p P 9
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;
Page 2
The Ontario Infrastructure And Lands Corporation (Fire Rescue Vehicle) By -law
By -law No. 2015 - 013
AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary
and long term debt financing in order to meet capital expenditures incurred after December
• 31, 2003 in connection with eligible capital projects to make application to OILC for such
financing by completing and submitting an application on the form provided by OILC (the
"Application ");
AND WHEREAS the Municipality has submitted an Application to OILC to request financing
for the Projects by way of long term borrowing through the issue of debentures to OILC and
by way of temporary borrowing from OILC pending the issue of such debentures;
AND WHEREAS OILC has accepted and has approved the Municipality's application;
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
completion by the Treasurer of an Application and the submission by such
authorized official of an Application, duly executed by such authorized official, to
OILC for the financing of the Projects in the maximum aggregate principal amount of
$350,000.00 substantially in the form of Schedule "B" hereto and forming part of this
0 By -law, with such changes thereon as such authorized official approved.
2. (a) Construction of each Project in the amount of the respective estimated
Authorized Expenditure set out in column (3) of Schedule "A" is hereby
approved and authorized;
(b) The Mayor and the CAO are hereby authorized to conclude contracts on
behalf of the Municipality for the construction of the Projects in accordance
with the Municipality's usual protocol;
3. The Mayor and the CAO are hereby authorized to negotiate and enter into, execute
and deliver for and on behalf of the Municipality a financing agreement (a
"Financing Agreement ") with OILC that provides for temporary and long term
borrowing from OILC in respect of the Projects on such terms and conditions as
such authorized officials may approve, such execution and delivery to be conclusive
evidence of such approval.
4. The Treasurer is hereby authorized, pending the substantial completion of a Project
or as otherwise agreed with OILC, to make temporary borrowings pursuant to
III section 405 of the Act in respect of each Project, on the terms and conditions
provided in the Financing Agreement and on such other terms and conditions as
such authorized officials may agree, and to sign such evidence of indebtedness as
OILC may require (a "Note "); and the Treasurer is authorized to sign such
certifications as OILC may require in connection with such borrowings in respect of
the Projects; provided that the amount of borrowings allocated to any Project does
not exceed the Authorized Expenditure for such Project and does not exceed the
loan amount set out in column (4) of Schedule "A" in respect of such Project.
5. Subject to the terms and conditions of the Financing Agreement and such other
terms and conditions as OILC may otherwise require, the Treasurer is hereby
authorized to enter into long term borrowing in respect of the Projects and to
issue debentures to OILC on the terms and conditions provided in the Financing
Agreement and on such other terms and conditions as such authorized officials
may agree ( "Debentures "); provided that the principal amount of such
Debentures issued in respect of a Project does not exceed the Authorized
Expenditure for such Project and does not exceed the loan amount set out in
column (4) of Schedule "A" in respect of such Project.
III
Page 3
The Ontario Infrastructure And Lands Corporation (Fire Rescue Vehicle) By -law
By -law No. 2015 - 013
In accordance with the provisions of section 25 of the Ontario Infrastructure and
Lands Corporation Act, 2011, as amended from time to time hereafter, as
• security for the payment by the Municipality of the indebtedness of the
Municipality to OILC under the Debentures (the "Obligations "), 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 OILC on account of the
Obligations and to pay such amounts to OILC from the Consolidated Revenue
Fund.
6. For the purposes of meeting the obligations of the Municipality in respect of the Note
and any Debentures, 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 Note and any outstanding Debenture, 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.
7. (a) The Treasurer is hereby authorized to execute and deliver the Note, the
Mayor and the CAO are hereby authorized to enter into, execute and deliver
• the Financing Agreement and to cause Debentures to be issued, the Clerk
and Treasurer are severally 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 obligations of the Municipality under the Financing
Agreement and to carry out the issuance of the Note and Debentures, and
the Clerk is authorized to affix the Municipality's municipal seal to any such
documents and papers.
(b) The proceeds realized in respect of the Note and Debentures, after
providing for the expenses related to their issue, if any, shall be
apportioned and applied for the respective Projects and for no
other purpose except as permitted by the Act.
8. This By -law takes effect on the day of passing.
9. This by -law may be cited as the "The Ontario Infrastructure and Lands
Corporation (Fire Rescue Vehicle) By -law ".
READ a FIRST and SECOND TIME this 28th day of January, 2015
• READ a THIRD TIME and FINALLY PASSED this 28th day of January, 2015.
1 - 1 ctQP
Mayor Clerk (►
s
Schedule "A"
to By -Law No. 2015 - 013
(1) (2) (3) (4)
• Project Description of Capital Estimated Loan Amount
Number Work Expenditure
1 Fire Rescue Vehicle $350,000 $350,000
III
III
II
Schedule "B"
Please insert the OILC Application into Schedule "B ".
•
•
•
•
This is Schedule "1".".5 " to By -Law
No:RuS 11spassed the }h day
of J Dnuor 20i S
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
Application ID: 14072 Program Year: 2014/2015
Application Submit Date: Oct -24 -2014
A. GENERAL INFORMATION - Borrowing Municipality
Name: The Municipality of Kincardine ID: 41020
Address: 1475 Conc 5 City: Kincardine
RR #5 Postal Code: N2Z 2X6
Name of Treasurer(or Roxana Baumann Title: Director of Finance
equivalent):
Telephone Number: 519 - 396 -3468 Fax No.: 519 - 396 -1488
Email: rbaumann @kincardine.net
B. CONTACT INFORMATION
Questions regarding the information contained in the application form should be addressed to:
Name: Roxana Baumann Title: Director of Finance
Telephone: 519 - 396 -3468 x107 Fax No.: 519 - 396 -1488
Email: rbaumann @kincardine.net
C. PROJECT SUMMARY INFORMATION
No. Project Name Category Type Loan Amount
1 Kincardine Fire Rescue Vehicle Municipal Other Fire $350,000.00
Infrastructure
Total Loan Amount $350,000.00
Page 1 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
Project Details - Municipal Other Infrastructure
Project Name Kincardine Fire Rescue Vehicle
Category Municipal Other Infrastructure
Construction Start Date Feb -12 -2014
Construction End Date Dec -31 -2014
Please indicate the type of infrastructure project. Please select only one.
SI Fire
❑ Police
['Ambulance
['Administration
❑ Others
Please indicate below if any aspect of the project pertains to:
Energy Conservation: ❑ Yes S No
The Municipal Eco Challenge Fund (MECF) is a three year, $20 million grant and $200 million loan initiative to
help municipalities reduce Green House Gas (GHG) emissions from their infrastructure.
Please indicate whether the loan is for a project that will reduce energy consumption or GHG emissions from a
municipally -owned facility (building, arena, etc.).
❑ Yes SI No
Is this project also being considered for an MECF grant?
❑ Yes SI No
Please provide :
An estimate of the reduction in energy consumption or GHG emissions as a result of the project.
or
A short description of the energy conservation benefits.
Address of the project: 127 Mahood Johnston Dr,
Kincardine, ON N2Z 3A2
Page 2 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
Type of work (e.g. new construction, renovation of existing Replacement Fire Rescue
facilities, redevelopment, deferred maintenance, etc.): Vehicle
Description of the project:
Construction of a new Fire Rescue Vehicle for the Kincardine Fire Department.
Additional comments:
What is the life span of the project in years? (i.e. the physical asset) 20
Please identify your Ministry contact (If applicable)
Ministry:
Contact Name:
Contact Phone:
Page 3 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
Project Information
Project Name Kincardine Fire Rescue Vehicle
Category Municipal Other Infrastructure
Project Cost (A) $350,000.00
Project Funding /Financing
List existing and expected Funding /Financing sources for the project (eg. Reserves, other cash on hand,
approved grants, etc.).
Source /Description Timing Amount
Total Amount (B) $0.00
OILC Loan Amount (A -B) $350,000.00
Please enter your long -term borrowing requirements including the estimated date the funds are required.
Only include long -term borrowing in this section. If you anticipate that you will require short-term financing
during the construction phase of the project, the information will be gathered as part of the Financing
Agreement.
Estimated Date Required Amount Term (in years) Type
Jan -02 -2015 $350,000.00 10 Amortizing
Total Long -Term Financing $350,000.00
Page 4 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
D. DEBT AND REPAYMENT SUMMARY
Financial Information Returns (FIR)
Please be aware that OILC will be unable to complete the processing of your application until you have filed your
most current FIR with the Ministry of Municipal Affairs and Housing. If you have not filed your FIR, you should
submit your application to OILC and send your FIR to MMAH as soon as possible.
ARL
Please provide a copy of the Borrower's most recent ARL issued by MMAH.
Existing Borrowing:
Please provide the following details on the existing debt, including capital leases and unsecured debt.
Loan Loan Initial Amount Annual Date Maturity Summary Payment Periodic Payment
# Purpose Amount Outstanding Interest Borrowed Year of Existing Type Amount Frequency
Borrowed as per Most Rate ( %) (mm /dd /yy Pledges, Payable
Recent yy) Conditions,
Audited Covenants
Financials
1 Water $1,800,000.00 $918,605.00 2.35 08/05/2005 2020 blended $71,543.00 Semi - annual
pipeline principal
and interest
2 Water $646,200.00 $359,897.00 4.86 10/14/2005 2015 blended $30,688.00 Semi - annual
pipeline principal
and interest
3 Municipal $239,746.00 $2,872.00 2.77 2015 blended $25,839.00 Semi - annual
Drain principal
and interest
4 Kincardine $350,000.00 $226,282.00 4.1 11/13/2009 2019 blended $21,545.00 Semi - annual
Pavilion principal
and interest
5 Medical $3,000,000.00 $1,943,321.00 4.09 09/22/2009 2019 blended $184,268. Semi - annual
Clinic principal 00
and interest
Please elaborate on re- financing plans and options for any existing "interest only" debt, if applicable
Existing Encumbrances:
Does the Borrower have any existing liens, pledges and any other encumbrances on existing assets?
❑ Yes 0 No
If yes, please provide details:
Page 5 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
Page 6 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
OILC Loan Repayment Information
Please indicate the source(s) of revenue you plan to use to repay the OILC Loan.
Contribution to OILC Loan Payments ( %)
Source
Taxation 100.00
User Fees
Service Charges
Development Charges
Connection Fees Description of Other Source
Subsidies
Other
Total 100.00
Audited Financial Statements
A copy of the most recent audited financial statements must be attached with this loan application.
Page 7 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
E. LITIGATION
Is there any litigation threatened or existing which would affect any projects or substantially
impair the Borrower's ability to pay debt service costs on its general obligation indebtedness?
Please indicate Yes or No. ❑ Yes 151 No
Please complete the Certificate of Litigation template found under the Forms menu.
F. NON - REPAYMENT OF LOANS OR DEBENTURES
In the last 10 years has the Borrower ever failed to make a loan or debenture repayment on
time to any lender, including to the Provincial Government?
ill Yes SI No
If yes, please provide details. If necessary, attach details.
G. PROVINCIAL GRANTS AS SECURITY
Pursuant to OILC's enabling legislation, the Minister of Finance may deduct funds from provincial grants to the
Borrower appropriated by the Legislative Assembly of Ontario for payment to OILC to satisfy any outstanding
unpaid amounts owed by the Borrower to OILC.
H. ATTACHMENTS
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.
• Loan Application Signature Page signed and dated by the appropriate individual (original to be
submitted)
• Certified and sealed copy of OILC template By -Law authorizing project borrowing and applying f
a loan (original with seal)
• Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed)
• Updated Certified Annual Repayment Limit Calculation (original)
• OMB approval if exceeding debt repayment limit, if applicable
• Capital Plan if applicable
• Project management letter
Page 8 of 9
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (OILC)
LOAN APPLICATION
to 1 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.
I acknowledge that I have read and understood the Project Management and Best Practices Reporting
Requirements
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.
Page 9 of 9