Recommendation: That, on the
recommendation of the Managing Director, Corporate Services and City
Treasurer, Chief Financial Officer, the following actions be taken with
respect to the $70 million promissory note payable by London Hydro Inc. to
The Corporation of the City of London:
a) the
Civic Administration BE AUTHORIZED to call the $70 million promissory note on
November 30, 2014, prior to the maturity date of October 31, 2015, subject to
the mutual agreement of The Corporation of the City of London and London
Hydro Inc.; it being noted that action should be taken prior to year end to
ensure that the promissory note is not reclassified as a short-term liability
on London Hydro Inc. financial statements which may cause financial
challenges for London Hydro Inc. because it would change liquidity ratios
resulting in covenants being breached and may ultimately negatively impact
London Hydro Inc.’s credit rating;
b) the
Civic Administration BE AUTHORIZED to invest the proceeds from the payment of
the $70 million promissory note into a professionally-managed investment
portfolio that is in compliance with the City of London Investment Policy and
Ontario Regulation 438/97 Eligible Investments and Related Financial
Agreements, with the $70 million principal to be held for The Public Utility
Commission of the City of London for the purposes of investigation,
remediation, restoration, and any other related costs with respect to the
coal tar affected lands held by The Public Utility Commission of the City of
London;
c) London
Hydro Inc. (LHI) BE REQUESTED to increase the dividend payable to The
Corporation of the City of London to $5 million annually, subject to LHI
Board approval, with the dividend to be used to offset the reduction of
interest anticipated to be received on the $70 million reinvested funds;
d) the
Civic Administration BE DIRECTED to apply the interest earned on the $70
million principal held by The Public Utility Commission of the City of
London’s to the general fund to mitigate the impact to the tax levy to ensure
that the total annual dividend and interest earned are maintained at $7.2
million, which is in keeping with current revenue, and any additional
interest earned be contributed to the Economic Development Reserve Fund;
e) London
Hydro Inc. BE REQUESTED to pay The Corporation of the City of London a
one-time special dividend of $10 million resulting from the $70 million
promissory note being called prior to the maturity date, subject to LHI Board
approval;
f) the
Civic Administration BE DIRECTED to apply the one-time special dividend,
should it arise, to the Economic Development Reserve Fund to be used to
support initiatives that best accelerate London’s economy; and
g) the
Civic Administration BE DIRECTED to report back to the Strategic Priorities
and Policy Committee, at its meeting on August 27, 2014, with a form of
Agreement between The Corporation of the City of London, London Hydro Inc.,
and The Public Utility Commission of the City of London, to address and
implement the matters set out in a), b) and d), above.
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