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HomeMy WebLinkAbout2004-128 . , . , THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW 2004- 128 Being a By-Law to authorize the debenturing of $3,350,000 to assist in tbe construction of the Indoor Soccer Facility and Outdoor Lacrosse Bowl located at Con BF pt Lot 16, now RP 10R234 Part 1 to 7, 9, former geographic Township of Darlington in the Municipality of Clarington. WHEREAS Section 404 of the Municipal Act, 2001, S.O. 2001, provides that By-Laws may be passed to allow for borrowing for the purpose of the Corporation and the issuance of debentures thereof; WHEREAS the Council of the Corporation of the Municipality of Clarington wishes construction to proceed on the Indoor Soccer Facility and Outdoor Lacrosse Bowl; WHEREAS the Council of the Corporation of the Municipality ofClarington has approved Report COD-023-04 at its meeting of May 10, 2004, for the Indoor Soccer Facility and Outdoor Lacrosse Bowl; WHEREAS the Director of Finance/Treasurer has updated the Municipality's annual debenture limit and this limit has not been exceeded, therefore, the Ontario Municipal Board approval is not required; NOW THEREFORE, Be It Enacted and It is Enacted as a By-law of the Corporation of the Municipality of Clarington as follows: I. THAT the Municipality proceed with the construction of a new Indoor Soccer Facility and Outdoor Lacrosse Bowl, located at Con BF Pt Lot 16, now RP 10R234 Part I to 7, 9, former geographic Township of Darhngton, now in the Municipality ofClarington; 2. THAT the sum of$3,350,000, plus debenture costs, be debentured over a period not to exceed fifteen (IS) years; and 3. THAT the funds to repay the principal and interest of the debenture be raised through a tax levy on the ratepayers and to the extent possible through future development charges. By-Law read a first and second time this 31st day of May, 2004. By-Law read a third time and finally passed this 31" day of May, 2004. , DECLARA nON (j}).:, / b( '6'- "/.-r. \ ./J....--:-..iI ;....,. U '_! \......I /3f' ;-// ,vLJ t9})!:. I cf) '6.- M w cf<.D1Y( , "0 ~ , DECLARA nON TO: Borden Ladner Gervais LLP AND IN THE MATTER OF an issue of instalment debentures of The Regional Municipality of Durham in the principal amount of $3,385,000 authorized by debenture By-law Number 45-2004 (the "Instalment Debenture By-law") AND IN THE MATTER OF certain authorizing by-laws of The Corporation of the Municipality ofClaringtoil (the "Lower-tier Municipality") I, Patti L. Barrie, of the Municipality ofClarington, in the Province of Ontario, do solemnly declare that: 1. I am the Municipal Clerk of the Lower-tier Municipality and as such have a personal knowledge of the matters herein declared to. 2. All of the authorizing by-laws of the Lower-tier Municipality (the "Authorizing By-laws") referred to in the Schedule" A" to the Instalment Debenture By-law ("Schedule "A"") have been enacted and passed by the Council of the Lower-tier Municipality in full compliance with the MunicipaJ Act, 2001, as amended (the "Act") at meetings at which a quorum was present. Forthwith after the passage of the Authoriling By-laws the same were signed by the Mayor and by the Municipal Clerk and sealed with the municipal seal of the Lower-tier Municipality. 3. For the project of the Lower-tier Municipality described in the Instalment Debenture By-law (the "Project"), before the Council of the Lower-tier Municipality exercised any of its powers in respect of the Project, the Council of the Lower-tier Municipality caused its Treasurer to calculate an updated annual debt and financial obligation limit. Before the Council of the Lower-tier Municipality authorized the Project and before authorizing any additional cost amounts and any additional debenture authorities in respect thereof, the Treasurer determined that the estimated annual amount payable in respect of the Project, each such additional cost amount and each such additional debenture authority would not cause the Lower-tier Municipality to reach or exceed its updated limit with the result that the Council of the Lower- tier Municipality authorized the Project, each such additional cost amount and each such additional debenture authority without the approval of the Ontario Municipal Board. 4. No application has been made or action brought to quash, set aside or declare invalid the Authorizing By-laws nor have the same been in any way repealed, altered or amended except insofar as some of the Authorizing By-laws may have been amended by any of the Authorizing By-laws set forth in Schedule "A" and the Authorizing By-laws are now in full force and effect. 5. All of the recitals contained in the Authorizing By-laws are true in substance and fact. 6. To the extent that the public notice provisions of the Act are applicable, the Authorizing By-laws have been enacted and passed by the Council of the Lower-tier Municipality in full compliance with the applicable public notice provisions of the Act. 7. None of the debentures authorized to be issued by the Authorizing By-laws have been issued except for the debentures which are now being issued for the Lower-tier Municipality pursuant to the Instalment Debenture By-law. 8. The principal amount of debentures to be issued in respect of the Project pursuant to the Instalment Debenture By-law does not exceed the net cost of the Project to the Lower-tier Municipality. 9. The Project constitutes a not for profit municipal purpose and is not a commercial enterprise as described in section 106 of the Act. , ,-- , ,-- . .. I. 1.1__ _1_ ..:1_ -2- . 10. The Authorizing By-laws and the transactions contemplated thereby do not conflict with, or result in a breach or violation of any statutory provisions which apply to the Lower-tier Municipality or any agreement to which the Lower-tier Municipality is a party or under which the Lower-tier Municipality or any of its property is or may be bound, or, to the best of my knowledge, violate any order, award, judgment, determination, writ, injunction or decree applicable to the Lower-tier Municipality of any regulatory, administrative or other government or public body or authority, arbitrator or court. AND I MAKE this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED BEFORE ME ) at the Municipality of ) Clarington, in ) the Province of Ontario, ) this 12th day ofJuly, 2004 ) ACorn I. . ~ ' Schedule "A" . ~ ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 125 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and M.J. Dixon Construction Ltd., Mississauga, Ontario, to enter into agreement for the Indoor Soccer Facility and Outdoor Lacrosse Bowl. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, M.J. Dixon Construction Ltd., Mississauga, Ontario, and said Corporation; and \; 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 10 day of May ,2004. By-law read a third time and finally passed this 10 day of May ,2004. . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , I . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004-128 , I Being a By-Law to authorize the debenturing of $3,350,000 to assist in the constrnction of the Indoor Soccer Facility and Outdoor Lacrosse Bowl located at Con BF pt Lot 16, now RP 10R234 Part 1 to 7, 9, former geographic Township of Darlington in the Municipality of Clarington. WHEREAS Section 404 of the Municipal Act, 2001, S.O. 2001, provides that By-Laws may be passed to allow for borrowing for the purpose of the Corporation and the issuance of debentures thereof; WHEREAS the Council of the Corporation of the Municipality of Cia ring ton wishes construction to proceed on the Indoor Soccer Facility and Outdoor Lacrosse Bowl; WHEREAS the Conncil of the Corporation of the Municipality of Clarington has approved Report COD-023~04 at its meeting of May 10, 2004, for the Indoor Soccer Facility and Outdoor Lacrosse Bowl; WHEREAS the Director of Finance/Treasurer has updated the Municipality's annual debenture limit and this limit has not been exceeded, therefore, the Ontario Municipal Board approval is not required; NOW THEREFORE, Be It Enacted and It is Enacted as a By-law ofthe Corporation ofthe Municipality of Clarington as follows: I. THAT the Municipality proceed with the construction of a new lnd~or Soccer Facility and Outdoor Lacrosse Bowl, located at Con BF Pt Lot 16, now RP 1OR234 Part 1 to 7, 9, former geographic Township of Darlington, now in the Municipality of Cia ring ton; 2. THAT the sum of$3,350,000, plus debenture costs, be debentured over a period not to exceed fifteen (i5) years; and 3. THAT the funds to repay the principal and interest of the debenture be raised through a tax levy on the ratepayers and to the extent possible through future development charges. By-Law read a first and second time this 31st day of May, 2004. By-Law read a third time and finally passed this 31" day of May, 2004. ~~.. ~~,.j"tton, Mayor ('RRTIFICA TE , . CERTIFICATE TO: Borden Ladner Gervais LLP AND IN THE MATTER OF an issue of instalment debentures of The Regional Municipality of Durham in the principal amount of $3,385,000 authorized by debenture By-law Number 45-2004 (the "Instalment Debenture By-law") AND IN THE MATTER OF certain authorizing by-laws of The Corporation of the Municipality ofClarington (the "Lower-tier Municipality") I, Patti L. Barrie, refer to my declaration in respect of the above referenced matter declared on July 12,2004. I hereby certify that all statements contained in such declaration are true and correct as at the date hereof ... I:J..;-'\ fI3 th day ofJuly, 2004. DATED at the Municipality ofClarington as a CERTIFICATE TO: Borden Ladner Gervais LLP AND IN THE MA TIER OF an issue of instalment debentures of The Regional Municipality of Durham in the principal amount of $3,385,000 authorized by debenture By-law Number 45-2004 (the "Instalment Debenture By-law") AND IN THE MA TIER OF certain authorizing by-laws of The Corporation of the Municipality of Clarington (the "Lower-tier Municipality") I, Nancy Taylor, Treasurer of the Lower-tier Municipality, DO HEREBY CERTIFY TIfA T: I. The Lower-tier Municipality has received from the Ministry of Municipal Affairs and Housing its annual debt and financial obligation limit for the year 2004 (the "2004 Limit"). 2. With respect to the undertaking of the Lower-tier Municipality described in the Instalment Debenture By-law (the "Project"), before the Council of the Lower-tier Municipality authorized the Project and before authorizing any additional cost amounts and any additional debenture authorities in respect thereof the Treasurer updated the 2004 Limit in accordance with the Ontario Regulation 403/02 (debt and financial obligation limits regulation) (the "Regulation''), the Treasurer determined that the estimated anaual amount payable in respect of the Project, each such additional cost amount and each such additional debenture authority would not cause the Lower-tier Municipality to reach or to exceed the updated 2004 Limit as at the date of the Council's approval of the Project, each such additional cost amount and each such additional debenture authority and the Treasurer determined that the approval of the Ontario Municipal Board was not required. 3. 2004 Limit. As at the date hereof the Lower-tier Municipality has not reached or exceeded its updated 4. In updating the 2004 Limit, the estimated annual amount payable described in Section 4(2) of the Regulation was determined based on current interest rates and amortization periods which do not, in any case, exceed the respective lifetime of any of the purposes of the Lower-tier Municipality described in such section, all in accordance with the recommendations of the Public Sector Accounting Board. 5. The term within which the debentures to be issued for the Lower-tier Municipality in respect of the Project pursuant to the Instalment De I en re By-law are made payable does not exceed the lifetime of the Project. DATED at the Municipality of Clarington as at the th day .