3043 To authorize borrowing: from time to time to meet current : expenditures during the fiscal year ending : December 31m 2003CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 3043
BEING A BY-LAW TO AUTHORIZE BORROWING
FROM TIME TO TIME TO MEET CURRENT
EXPENDITURES DURING THE FISCAL YEAR ENDING
DECEMBER 31, 2003.
WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 406, provides authority for a
council by-law to authorize the head of Council and the Treasurer to borrow from time to time,
by way of promissory note or bankers' acceptance, such sums as the council considers necessary
to meet, until taxes are collected, and until other revenues are received, the current expenditures
of the Corporation for the year.
AND WHEREAS the total amount which may be borrowed from all sources at any one time to
meet the current expenditures of the Corporation, except with the approval of the Municipal
Board, is limited by Section 406 of the Municipal Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
Borrowing 1) The head of Council and the Treasurer are hereby authorized to
Authority borrow from time to time byway of promissory note or bankers'
acceptance during the year 2003 (hereinafter referred to as the
current year) such sums as maybe necessary to meet, until the
taxes are collected, and until other revenues are received, the
current expenditures of the Corporation and the other amounts that
are set out in subsection 406 of the Municipal Act.
Instruments 2) A promissory note or bankers' acceptance made under Section 1
shall be signed by the head of Council or such other person as is
authorized by by-law to sign it and by the Treasurer or Deputy
Treasurer.
Lenders 3) The lenders from whom amounts may be borrowed under authority
of this by-law shall be the Canadian Imperial Bank of Commerce
and such other lender(s) and reserve funds of the municipality as
maybe determined from time to time by resolution of the Council.
Limit on 4) The total amount which may be borrowed at any one time under
Borrowing this by-law, together with the total of any similar borrowings that
have not been repaid, shall not exceed, from January 1 st until
September 30th of the current year, 50 percent of the estimated
revenues of the Corporation as set forth in the estimates adopted
for that year. Such borrowing shall not exceed, from October 1 st
until December 31 st of the current year, 25 percent of the said
estimated revenues of the Corporation as set forth in the estimates
adopted for that year. For purposes of this by-law, the estimated
revenues of the Corporation shall not include revenues derivable or
derived from
(a) borrowings or issues of debentures, or
(b) a surplus, including arrears of levies, or
(c) a transfer from the capital fund, reserve funds or reserves.
Town of Tillsonburg
Borrowing By-law No. 3043
Page 2
Borrowing 5) The Treasurer shall, at the time when any amount is borrowed
Documents under this by-law, ensure that the lender is or has been furnished
Required with a certified copy of this by-law, a certified copy of the
resolution mentioned in Section 3 determining the lender if
applicable and a certified copy of the estimates of the corporation
adopted for the current year and also showing the total of any other
amounts borrowed from any and all sources under authority of
Section 187 of the Municipal Act that have not been repaid.
When 6) If the estimates for the current year have not been adopted at the
Estimates Not time an amount is borrowed under this by-law.
Adopted
(a) the limitation on total borrowing, as set out in Section 4,
shall be calculated for the time being upon the estimated
revenues of the Corporation as set forth in the estimated
adopted for the next preceding year, and
(b) the certified copy furnished under Section 5 shall show the
nature and amount of the estimated revenues of the
Corporation as set forth in the estimates adopted for the
next preceding year.
Charge on 7) All or any sums borrowed under this by-law shall, with interest
Revenues thereon, be a charge upon the whole of the revenues of the
Corporation for the current year and for any preceding years as and
when such revenues are received but such charge does not defeat
or affect and is subject to any prior charge then subsisting in favour
of any other lender.
Directive to 8) The Treasurer is hereby authorized and directed to apply in
Treasurer payment of all or any sums borrowed under this by-law, together
with interest thereon, all or any of the money hereafter collected or
received, either on account of or realized in respect of the taxes
levied for the current year and preceding years or from any other
source, which may lawfully be applied for such purpose.
Effective Date 9) This by-law shall come into force on the 1St day of January, 2003.
READ A FIRST, SECOND,
OF JANUARY, 2003.
MAYOR
THIRD TIME AND FINALLY PASSED THIS 13T" DAY
CLERK