THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 89-92

A by-law to provide for the borrowing of the aggregate of the amounts authorized by By-laws Numbered 84-92 to 88-92, both inclusive, and for the issuing of one series of sinking fund debentures therefor.

 

WHEREAS the Council of The Regional Municipality of Peel (hereinafter referred to as "the Regional Corporation") on the 10th day of September, 1992 enacted the by-laws referred to provide for the borrowing of money by the issue of sinking fund debentures payable in lawful money of Canada for the purposes respectively set out therein;

AND WHEREAS the Council of the Regional Corporation has by Resolution adopted on 10th September, 1992, authorized the borrowing of the aggregate of the amounts authorized by By-laws Numbered 84-92 to 88-92, both inclusive, and for the issuing of one series of sinking fund debentures therefore;

1. By-law Number 84-92: To authorize the issue of sinking fund debentures in the amount of $1,701,360.00 for the purposes of the Corporation of the City of Mississauga;

2. By-law Number 85-92: To authorize the issue of sinking fund debentures in the amount of $9,474,000.00 for the purposes of the Corporation of the City of Brampton;

3. By-law Number 86-92: To authorize the issue of sinking fund debentures in the amount of $210,000.00 for the purpose of the Corporation of the Town of Caledon;

4. By-law Number 87-92: To authorize the issue of sinking fund debentures in the amount of $12,487,945.00 for the purposes of The Regional Municipality of Peel;

5. By-law Number 88-92: To authorize the issue of sinking fund debentures in the amount of $26,126,695.00 for the purposes of The Peel Board of Education;

all of which by-laws are hereinafter referred to as "the said by-laws;"

AND WHEREAS each of the said by-laws provided that the debentures issued thereunder shall be dated the 16th day of September, 1992 and shall be made payable on the 16th day of September, 2002 bearing interest as set out therein payable semi-annually;

AND WHEREAS each of the said by-laws further provides that, during the period of years of the said debentures respectively issued thereunder, there shall be raised in each year during such period of years the amount for deposit in the sinking fund and interest set forth therein as required by the provisions of The Regional Municipalities Act, Revised Statutes of Ontario 1990, Chapter R.8, as amended (hereinafter referred to as the "Regional Act");

AND WHEREAS the aggregate of the amounts authorized to be borrowed by the said by-laws is the sum of $50,000,000.00 and it is desirable to consolidate the said amounts into one sum of $50,000,000.00 repayable on the 16th day of September, 2002;

AND WHEREAS subsection (19) of Section 116 of the Regional Act provides that Section 143 of The Municipal Act applies with necessary modifications to the Regional Corporation, authorizing it to pass a consolidating by-law, where separate debenture by-laws have been passed, providing for borrowing the aggregate of such sums and for issuing one series of debentures;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

1. That the amounts authorized to be borrowed by the said by-laws are hereby consolidated into one sum of $50,000,000.00 and sinking fund debentures shall be issued therefore in one series.

2. That the Chair and the Treasurer and Commissioner of Finance of the Regional Corporation are hereby authorized to cause any number of sinking fund debentures (hereinafter referred to as "the said debentures") to be made for such sums of money as may be required for the purposes aforesaid and not exceeding in the whole the said sum of $50,000,000.00 and the said debentures shall have the signature of the Chair of the Regional Corporation printed thereon, shall be signed by the Treasurer and Commissioner of Finance and shall be sealed with the seal of the Regional Corporation, all in accordance with the provisions of the Regional Act.

3. That the said debentures shall be dated the 16th day of September, 1992 and shall be issued within two (2) years after the day on which this by-law is enacted, and as to both principal and interest shall be expressed and shall be payable in lawful money of Canada.

4. That the said debentures shall be issued for a term of ten (10) years and shall be made payable on the 16th day of September, 2002 and shall be payable at the office of the Treasurer and Commissioner of Finance of the Regional Corporation in the City of Brampton, Ontario, and shall be in fully registered form with provision for payment of interest by cheque.

5. That the said debentures shall bear interest at the rate of 8% per annum, which interest shall be payable in equal semi-annual amounts on the 16th day of March and the 16th day of September in each year of their currency. Cheques for payment of interest on the said debentures shall be sent through the mail to the registered addresses of, and be payable to, the respective registered holders thereof.

6. In the case of joint registered holders of any of the said debentures, the principal monies and interest thereon may be paid to the holder whose name first appears on the Regional Corporation's Debenture Registry Book whose receipt thereof shall constitute a valid discharge to the Regional Corporation.

7. That there shall be raised in each year during the said ten (10) year period from the date of the said debentures, the amount of $4,000,000.00 for interest on the said debentures commencing on the 16th day of March, 1993 and the amount of $3,793,397.91 shall be deposited by the said Treasurer and Commissioner of Finance in the sinking fund to be held and invested for the payment of principal of the said debentures as required by the provisions of the Regional Act commencing on the 16th day of September, 1993, such aforesaid amounts being equal to the aggregate of the amounts payable for interest and for deposit in the sinking fund, respectively, in each year under the said by-laws.

8. That the proceeds of the sale or hypothecation of the said debentures shall be apportioned and applied for the respective purposes set forth in column (1) of the respective Schedules "A" to the said by-laws for the purposes of the Corporation of the City of Mississauga, the Corporation of the City of Brampton, the Corporation of the Town of Caledon, the Regional Corporation and The Peel Board of Education and for no other purposes except as permitted by the Regional Act.

 

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 10th September, 1992. 

 

Regional Clerk Chair