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2011-04-04_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, April 04, 2011 Regular Meeting 1. Call to Order — Prayer 12:30 p.m. Council Chamber 1.1 Commissioner of Finance: 2011 Debenture Issue 1.2 Amendment to the Contribution Agreement Cultural Capitals of Canada - Saint John 225 2 y wv� t OPEN SESSION March 30, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: 2011 DEBENTURE ISSUE BACKGROUND: The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 6.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund capital other than the Police Complex, which is not to exceed 25 years and 20 years for the Water & Sewerage Utility. Notice of motion was given at the February 28t" 2011 meeting of Common Council regarding the need to borrow $41,000,000. In order to proceed with the debenture financing it is now recommended that the following be adopted. rr r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 3 Page 2 RECOMMENDATION: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government $ 2,000,000 Protective Services $ 2,500,000 Transportation Services $ 10,500,000 Economic Development $ 3,500,000 Parks and Recreation $ 3.500,000 $ 22,000,000 Protective Services (Police Complex) $ 5,000,000 $ 5,000,000 WATER & SEWERAGE UTILITY Water System $ 7,000,000 Sewer System $ 7,000,000 $ 14.000.000 TOTAL $ 41,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $41,000,000. 2 Page 3 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $41,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 15 years for the issue related to the General Fund capital, other than the Police Complex, which is not to exceed 25 years and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Respectfully subm Gregory J.)Gdomans, CGA, MBA Commi sioner of Finance 5 REPORT TO COMMON COUNCIL March 30, 2011 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: Amendment to the Contribution Agreement Cultural Capitals of Canada - Saint John 225 The City of Saint John Last March, the City entered into a Contribution Agreement with the Minister of Canadian Heritage respecting his Department's $750,000.00 contribution to the Saint John 225 celebrations in conjunction with Saint John being named a "Cultural Capital of Canada" for 2010. Attached is an Amendment to the Contribution Agreement making some minor alterations to the Contribution Agreement and extending certain filing deadlines under same. Recommendation: That the Mayor and Common Clerk be authorized to execute the attached Amendment to the Contribution Agreement between the City and the Minister of Canadian Heritage. Respectfully submitted, _6 \ J. trick Woods, CGA CITY MANAGER Enc. A Project ID #5276/10 -7 -S5 AMENDMENT TO THE CONTRIBUTION AGREEMENT AMENDMENT # 1 This Amendment made this 171i day of March, 2011. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Canadian Heritage (hereinafter called "the Minister' and including any person duly authorized to represent her/him). AND: THE CITY OF SAINT JOHN, a municipality duly incorporated under the laws of the province of New Brunswick and represented by Mr. Ivan Court, Mayor, hereinafter referred to as the "Recipient ". THIS AMENDMENT TESTIFIES that, in consideration of the mutual covenants herein, the parties agree to amend the Contribution Agreement signed on March 31, 2010, as follows: I.l . Within the text of the Contribution Agreement, clause 3.2 will be deleted and replaced by the following: 3.2 Subject to termination, the Agreement covers the activities described in Annex "A" of this Agreement for the period commencing on 2009/04/01 and ending on 2011/12/3 1. Unless otherwise pre - authorized by the Minister, only goods and services rendered within this time period shall be considered as eligible expenses. 2. PROJECT DESCRIPTION. SPECIFIC CONDITIONS AND BUDGET (ANNEX Al 2.1 Within Annex A of the Contribution Agreement, the description of activities proposed for Celebration 225 shall be deleted and is replaced by the following: Celebration 225: The People, Places and Events that Shaped Saint John: festivities to begin May 18, 2010, the 225th anniversary of Saint John, to tell the story of the city through its people, places and events. Special dates to be recognized are Multicultural Day, National Aboriginal Day, Canada Day, New Brunswick Day, and the Acadian National Holiday. Neighbourhood Celebration Kits will be distributed to help neighbourhood groups design their own celebrations, and a Culinary Arts presentation will allow chefs to be inspired by the city's strong artistic heritage to create commemorative dishes that reflect the history and culture of Saint John throughout its 225 years. Festivities will end at the end of 2010 with a New Year's Eve celebration that will bring the festival portion of the program to an official close. 2.2 Within Annex A of the Contribution Agreement, the description of activities proposed for Reunion 2010 shall be deleted and is replaced by the following: Reunion 2010: a four -day multi -stage music festival to highlight The work of Saint John artists. 3. FINANCIAL CONDITIONS (ANNEX B) 3.1 Within Annex B of the Contribution Agreement, clause 1.1 shall be deleted and is replaced by the following: 1.1 Disbursements of the contribution to the Recipient will not exceed the following amount(s) or percentage share of funding for the applicable fiscal year(s), as per the payment breakdown and the eligible expenditures that will be incurred by the Recipient within the fiscal year for which they are allocated: Federal Government Fiscal Year 2009 -10: The lesser of $201,450 or 75% of eligible expenses Federal Government Fiscal Year 2010 -11: The lesser of $548,550 or 75% of eligible expenses Federal Government Fiscal Year 2011 -12: $0 Page I of 3 For any fiscal year, the maximum cumulative percentage of funding (after the initial fiscal year and until the Iasi fiscal year of the funding period) may not exceed 75 % of eligible expenses. 3.2 Within Annex B of the Contribution Agreement, clause 6.1.3 shall be deleted and is replaced by the following: 6.1.3 Fiscal Year 2010 -2011 3.3 Within Annex B of the Contribution Agreement, clause 6.2 shall be deleted and is replaced by The following: 6.2 A final payment representing the holdback shall be issued upon receipt and acceptance of the following reports, certified by a person duly authorized by the Recipient: Fiscal Year 2011 -2012 Holdback Certified Financial Report Payment Conditions Reimbursement for the period of Conditions or type of reports Period covered by the report Recipient's report 2011 submitted b April 1 to Cash Flow Actuals: April I to June 30, 2010 August 1, 2010 June 30, 2010 Forecasts: July 1, 2010 to March 31, 20I 1 Interim Activity Report April i to June 30, 2010 July 1 to Cash Flow Actuals: April I to September 30, November 1, September 30, 2010 2010 2010 Forecasts: October 1, 2010 to March 31, 2011 Interim Activity Report July I to September 30, 2010 October 1 to Cash Flow Actuals April 1 to December 3l, February 1, December 31, Nate: Revised Cash Flow also 2010 2011 2010 serves to meet the requirement of Forecasts: January I to March 31, section 1.3 ofAnnev B 2011 Interim Activity Report October I to December 31, 2010 January I to Cash Flow Actuals: April 1, 2010 to March May 1, 2011 March 31, 2011 31, 2011 Forecasts: April 1 to December 31, 2011 Interim Activity Report January 1 to March 31, 2011 3.3 Within Annex B of the Contribution Agreement, clause 6.2 shall be deleted and is replaced by The following: 6.2 A final payment representing the holdback shall be issued upon receipt and acceptance of the following reports, certified by a person duly authorized by the Recipient: Fiscal Year 2011 -2012 Holdback Certified Financial Report Actual: April 1, 2009 to December March 31, 2012 31,2011 Final Activity / Results Report April 1, 2009 10 December 31, 2011 Page 2 of 3 5. PRECEDENCE All other clauses contained in the Contribution Agreement signed by the parties on March 31, 2010 remain unchanged. In the event of any inconsistencies, the provisions of the current Amendment take precedence over those of the original Contribution Agreement and any previous Amendment. IN WITNESS WHEREOF, the parties hereto have signed this Agreement through duly authorized representatives. Recipient The Minister Mr. Ivan Court Cynthia White Thomley Mayor, City of Saint John Director General, Arts Policy Branch Signature Signature Date Date Witness Witness Name (Print) Name (Print) Signature Signature Page 3 of 3 9