- 1 -(eThekwini Municipality
Council Decisions - 2016-12-08)
KRR(2016-12-08)(SAM)[CHALL-140037]2016-12-12
COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-12-08
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions adopted by the Council at its meeting held on 2016-12-08.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.
1.FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-11-15
1.1REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-11-01
(Page R1)
1.1.1Proposed Transfer of Land: Erf 2805 Ntuzuma-G Watch Tower Bible and Tract Society of South Africa Number 2006/022758/08 (17/2/1/2/3):
(Page 6: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.1.1That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003:-
1.1.1.1.1That the property described Erf 2805 Ntuzuma-G is not required to provide the minimum level of basic Municipal services; and
1.1.1.1.2That the fair market value of the land at R200000.00 (Two Hundred Thousand Rand) has been considered however a purchase price of R3809.40 (Three Thousand Eight Hundred and Nine Rand Forty Cents) has been paid in accordance with Provincial Housing Board KZN Resolution KR19970279.
1.1.1.2That the property described as Erf 2805 Ntuzuma-G, Registration Division FT, Province of KwaZulu-Natal in extent 1547m² as depicted on SJ 4705/6 and SG2611/1999, which was sold by private treaty to Watch Tower Bible and Tract Society of South Africa registration number 2006/022758/08) at the price of R3809.40 (Three Thousand Eight Hundred and Nine Rand and Forty Cents) and paid by the Purchaser in accordance with resolution KR 19970279 adopted by the former KwaZulu-Natal Provincial Housing Board be hereby transferred to the purchaser.
1.1.1.3That subject to the adoption of paragraphs .1 and .2 above, the Head: Real Estate be authorized by the powers vested through the system of delegations to sign all documents to give effect to the transaction.
ADOPTED.
1.1.2Proposed Deproclamation/ Sale of Land by Private Treaty: Proposed Ptn [A] of Erf 2394 Westville:
(Page 25: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.2.1That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act that:
1.1.2.1.1The property described as Erf 2394, Westville is not required to provide the minimum level of basic Municipal services; and
1.1.2.1.2That the fair market value of the property is currently assessed at a value of R22000.00 (Twenty Two Thousand Rand) exclusive of VAT.
1.1.2.2That in terms Section 211 of Ordinance 25 of 1974 the road area in extent approximately 209 m2 as depicted on plan SJ 4648/7 be permanently closed and rezoned by the purchasers within two (2) years of Council authority being granted.
1.1.2.3That in terms of Section 40(2) (b) (i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portion [A] of Erf 2394 Westville, Registration Division FT, Province of KwaZulu-Natal in extent approximately 209m² depicted on Plan No. SJ 4648/7 be sold in freehold by private treaty to Ryan Peter Lipke(ID No: 8701255026085) and Michelle Ingrid Lipke (ID No: 8609050184084 at a price of R22000.00 (Twenty Two Thousand Rand) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.
1.1.2.4That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] Of Erf 2394 Westville when it is statutorily advertised, the matter be referred to the MEC, CoOperative Governance and Traditional Affairs for consent.
1.1.2.5That in the event of objections being lodged to the proposed disposal of Proposed Portion [A] Of Erf2394 Westville, the matter be referred for resolution in terms of the section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.
1.1.2.6That subject to the adoption of paragraphs .1 to .5 above, the Head: Real Estate be authorized by the powers vested through the system of delegations to sign all documents to give effect to the transaction.
ADOPTED.
1.1.3Proposed Alienation of Land in the Form of a Long Term Lease By Public Tender: Corner of Croydon and Woodford Grove, Durban - Erf 12490 Durban (17/2/1/2/5):
(Page 29: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.3.1That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 read together with Section 34 (2) (b) and Section 34 (3)(a) and (b) of the Asset Transfer Regulations:
1.1.3.1.1That the property described as Erf 12490, Durban is not required for providing the minimum level of basic Municipal services;
1.1.3.1.2That a long term right is proposed to be granted in respect of the capital asset;
1.1.3.1.3That the open market value of Erf 12490 Durban is currently assessed at a value of R950 000-00 (Nine Hundred and Fifty Thousand Rand) exclusive of VAT; and
1.1.3.1.4that the economic and community values have been considered.
1.1.3.2That the property described as Erf 12490 Durban be alienated by public tender on a long term lease basis in accordance with the provisions of the preferential procurement policy framework and the supply chain management policy.
1.1.3.3That in the event of objections being lodged to the proposed alienation of Erf 12490 Durban, when it is statutory advertised the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries.
1.1.3.4That in the event of the alienation not being finalized within six (06) months from the date of Council authority being granted, the Head: Real Estate be authorized to review the compensation in line with the current market value of the property where there has been a change in the market value.
1.1.3.5That subject to the adoption of .1 to .4 above, and the approval of Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents necessary to conclude the agreement.
ADOPTED.
1.1.4WS 2016/112: Authority to Construct Water Projects (23/1/11/3/1 & 7/1/2/2):
(Page 43: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.4.1That the report by the Head : Water and Sanitation dated 2016-06-15 relative to authority to Construct Water Projects as contained in the report, be approved.
1.1.4.2That subject to the adoption of .1 above, the Head: Treasury Expenditure be authorized to include in his Adjustments Budget Report the transfer of funds from the capital Block Sums Projects to individual projects as reflected in the report no. WS 2016/112 dated 20160615.
1.1.4.3That subject to the approval of .1 above and in order to meet the excess expenditure in this financial year, the Head: Expenditure be authorized to include in his Adjustment Budget Report the transfer of R914570.00 (Nine Hundred and Fourteen Thousand Five Hundred and Seventy Rand) from the Watermains Replacement block sum to LBC Housing block sum as reflected in the Report No. WS 2016/112 dated 20160615.
1.1.4.4That subject to the adoption of .1 above, and in order to meet the excess expenditure in this financial year, the Head: Expenditure be authorized to include in his Adjustment BudgetReport the transfer of R23308854.51 (Twenty Three Million Three Hundred and Eight Thousand Eight Hundred and Fifty Four Rand Fifty One cents) from the following block sums: X5188, X4215, X4247, X7763, X4889 and X6307 (Zwelibomvu Reservoir) to Relays & Extensions block sum as reflected in the Report No.WS 2016/112 dated 2016-06-15.
1.1.4.5That subject to the adoption of .1 above, the Head: Real Estate be authorized to negotiable for the acquisition of, or to expropriate if necessary, the servitudes and/or land required for construction of the water infrastructure for the projects in question.
Reservior Refurbishments / R510000.00 / To be met by Vote Transfer 2015/2016 (Project X5188)Labour Based Construction / R7037000.00 / To be met by Vote Transfer 2015/2016 (Project X4257)
Pumpstation Upgrades / R1002439.00 / To be met by Vote Transfer 2015/2016 (Project X4215)
Unicity Water Dispensers &Sandpipes and Water / R80000.00 / To be met by Vote Transfer 2015/2016 (Project X4247 &X7763)
Relays and Extensions / R84284044.51 / To be met by Vote Transfer 2015/2016 (Project X4217)
Replacement of Water Pipes / NIL / To be met by Vote Transfer 2015/2016 (Project X4889)
Cost Centre: 69100 and 69200
FC64/C47
Project No’s : Various
ADOPTED.
1.1.5Procurement of New Energy Efficient Immersible Pumps, New Motor Control Center and Related Civil Works for Somerset Park Pump Station: Ward No.102 Report No. WS2016/071 (23/1/10):
(Page 48: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.5.1That subject to the compliance with Supply Chain Management Regulations, authority be granted for procurement of a new energy efficient immersible pumps, new motor control centre and related civil works for Somerset Park Pump Station at an estimated cost of R5000000.00 (Five Million Rand) excluding VAT.
1.1.5.2That subject to the approval of .1 above, the Deputy City Manager : Treasury be authorized to include in his adjustments budget report the transfer of R5000000.00 (Five Million Rand) from Y6524 Canelands Bridge to Y8410 as the old bridge cannot be refurbished and a new bridge is required which triggers an environmental impact assessment before construction can commence.
Cost Centre: R5000000.00 excl. VAT(Funding to be provided via transfer from Y6524 to Y8410 in 2016/2017 financial year)
FC No.: 365/C01
ADOPTED.
1.1.6Acquisition for Regularisation of Road Encroachment (17/2/1/1/2):
(Page 50: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.6.1That in order to regularize the partial encroachment of the road Tipclay Place over privately owned property, the Head: Real Estate be authorized to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of road servitude over Erf 816 Clayfield, as reflected on Plan No. SJ4701/10, utilizing Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations.
1.1.6.2That subject to the adoption of .1 above, and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorized to sign the relevant purchase and sale agreement and all documents necessary to effect transfer to the eThekwini Municipality.
1.1.6.3That the City Manager record the reasons for any deviations and report it to the next meeting of Council and include it as a note to the annual financial statements in terms of Section 36 (2) of the Supply Chain Management Regulations.
1.1.6.4That in the event of negotiations being unsuccessful the Head: Real Estate be authorized to expropriate the affected property.
R30000.00 excl. VAT (to be provided in the 2016/17 financial year)
Vote: 1.70600.11999
ADOPTED.
1.1.7Work in Excess of R500000: Commissioning of DSS at 53 Old Main Road - Hillcrest - Ward Number 9 (Drawing Number DL 1982698) (27/2/R):
(Page 78: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Electricity to incur expenditure estimated at R3374250.00 (Three Million Three Hundred and Seventy Four Thousand Two Hundred and Fifty Rand) through the normal goods and services procurement process in order to equip the distributor substation in Ward 9, 53 Old Main Road, Hillcrest.
Account code:80013 : R3374250.00
Provided in the 2016/2017 Capital Estimates
FC No.: 79/CA1615
ADOPTED.
1.1.8Proposed Replacement of Transformers at Hillcrest, Durban South and Verulam Substations (27/2/R):
(Page 79: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
That in order to replace the transformers that have failed and reached the end of their economic lives, in order to maintain continuity of supply, authority be granted to the Head: Electricity to proceed with the replacement of transformers at Hillcrest, Durban South and Verulam substations at a total estimated cost of R44440000.00 (Forty Four Million Four Hundred and Forty Thousand Rand)
Hillcrest – Vote: HV046:R7957000.00 provided in the 2017/18 financial year FC361/CA0010
Durban South - Vote: HV047:R27250000.00 provided in the 2017/18 financial year FC361/CA0010
Verulam - Vote: HV048:R9233000.00 provided in the 2017/18 financial year FC361/CA0010
ADOPTED.
1.1.9Expropriation: Northern Aqueduct; Remainder of Erf 226 Newlands; Commercial Properties (Pty) Ltd: Hand Plan No. SH9891 (Ref: 17/2/1/1/18/3.TK) and 17/2/1/1/4):
(Page 97: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.9.1That an offer and payment of compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 in the total sum of R2 276528 (Two Million Two Hundred and Seventy Six Thousand Five Hundred and Twenty Eight Rand) plus solatium in the sum of R55000 (Fifty Five Thousand Rand) plus VAT and interest if applicable, be paid in terms of Section 11(1) of the Expropriation Act No. 63 of 1975 to Commercial Properties (Pty) Ltd Reg. No.1902/00265/07, in respect of a 9m wide water pipeline servitude and a 21m wide temporary working space for 24 months all over the Remainder of Erf 226 Newlands, Registration Division FT, Province of KwaZulu-Natal as depicted on Plan No. SH9891.
1.1.9.2That subject to the adoption of .1 above, the Head: Real Estate be authorised to conclude the compensation agreement and sign all necessary documents to effect registration in favour of the municipality.
Vote No. 31530.45205.12120.0000.v1194.0010R 2 400000
ADOPTED.
1.1.10Proposed Expropriation of a 3 Metre Wide Temporary Right of Way Servitude for Access to 132 KV Hillcrest - Waterfall Towers Located on Halkirk Farm; Hand Plan No. SJ4628/1 (Ref: 67/590/6KH) and (17/2/1/1/4):
(Page 104: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.10.1That notwithstanding the objections received from Halkirk Farm Pty Ltd, the eThekwini Municipal Council reaffirms its position and hereby authorises the Head: Real Estate to proceed with the expropriation of a 3 metre wide temporary right of way servitude over the properties described as Portions 485 (of 337) and 486 (of 337), both of the Farm Albinia No. 957 as depicted on Plan No. SJ 4628/1.
1.1.10.2That subject to the adoption of .1 above, and in terms of Section 190 of the Local Authorities Ordinance No. 25 of 1974, the consent of the Premier of KwaZulu-Natal be sought for the Expropriation.
1.1.10.3That subject to the adoption of .1 and .2 above, the Head: Real Estate be authorised to sign all documents relating to the expropriation.
ADOPTED.
1.1.11Work in Access of R500 000 : Replacement of Switchegear and Installation of Medium Voltage Cables at Venice and Smiso Nkwanyana Road DSS 83, Morningside, Ward 27 : Drawing Number 3313869 (27/2/1/3/R):
(Page 113: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Electricity to incur expenditure estimated at R1776500.00 (One Million Seven Hundred and Seventy Six Thousand Five Hundred Rand) through the normal goods and services procurement process to carry out the replacement of switchgear and installation of medium voltage cables at Venice Road/Smiso Nkwanyana Road DSS 83 in Ward 27, Morningside.
DL33113869: R1776500.00
Provided in the 2016/2017 Capital Estimates
FC361/CA0022
ADOPTED.
1.1.12Work in Access of R500 000 : Replacement of Switchegear and Installation of Medium Voltage Cables at Hewitt Road DSS 75, Glenwood, Ward 33 : Drawing Number 3124213 (27/2/1/3/R):
(Page 114: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
That authority be granted to the Head : Electricity to incur expenditure estimated at R1801371.00 (One Million Eight Hundred and One Thousand, Three Hundred and Seventy One Rand) through the normal goods and services procurement process to carry out the replacement of switchgear and installation of medium voltage cables at Hewitt Road DSS 75, Glenwood in Ward 33.
DL3124219: R1801371.00
Provided in the 2016/2017 capital estimates
FC361/CA0012
ADOPTED.
1.1.13Proposed Deproclamation and Sale of Land : Proposed Portion [A] of Farm Assagay Kraal, Nquma Road, Bothas Hill (17//2/1/2/3):
(Page L17: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
1.1.13.1That the Municipality declares in terms of Section 14(2)(a) of Municipal Finance Management Act 56 of 2003 that:
1.1.13.1.1The properties described as portion [A] of farm Assagay Kraal, Nquma Road in Bothas Hill are not required to provide the minimum level of basic Municipal services; and
1.1.13.1.2That the current market value of the land is R230000.00 exclusive of VAT and the economic and community values to be received have been considered.
1.1.13.2That in terms of Section 40(2) (b) (i) of the Municipal Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, a Portion of a road area described as Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills, Registration Division FT in the Province of KwaZulu-Natal in extent 1892 m² depicted on Plan SJ4539/5 be sold in freehold by private treaty to Gavin Smith (ID NO. 490205 5075 08 2) at a price of R230000.00 (Two Hundred and thirty Thousand Rand) exclusive of VAT, such purchase price reflecting the market value of the land as assessed by a registered Valuer.
1.1.13.3That in terms of Section 211 of Ordinance 25 of 1974 the road area in extentapproximately1892m²depicted on Plan SJ 4539/5 be permanently closed by and at the cost of the Purchaser.
1.1.13.4That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills when it is statutorily advertised, the matter be referred to the MEC, Co-Operative Governance and Traditional Affairs for consent
1.1.13.5That in the event of objections being lodged to the proposed sale of Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills, when it is statutorily advertised, the matter be referred for resolution in terms of Section 50 of the Municipal Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”,
ADOPTED.
1.1.14Participatory Based Planning and Facilitation Support to Informal Settlement Upgrading Projects in eThekwini Municipality (22/6/2):
(Page L20: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
At the Executive Committee meeting on 2016-11-15, Executive Committee Member Hoosen requested a list of the 42 informal settlements that were earmarked for incremental services and upgrading projects. She was requested to liaise with the Chairperson of the Human Settlements and Infrastructure Committee in that regard.
COMMITTEE RECOMMENDS:
1.1.14.1That the Committee notes progress on the Participatory Based Planning and Facilitation support to the 42 informal settlements earmarked for Incremental Services and Upgrading Projects in eThekwini Municipality;
1.1.14.2That consultation with respective Ward Councillors who did not form part of the previous processes that had been undertaken;
1.1.14.3That the remaining stages of the project viz. Development of a Community Capacity Development Programme and the Project Close-out Report; and
1.1.14.4That subject to the adoption of .1, .2 and .3 above, authority be granted to the Head : Human settlements to proceed with the City-Community Partnership Arrangement (CCPA) as part of Deliverable 5 and 6 of the initiative wherein the draft Agreement or Memorandum of Understanding (MoU) to be signed with the 42 affected communities.
ADOPTED.
1.1.15WS 6498 Nanofiltration Membrane Water Purification Treatment Plant for Various Boreholes in the eThekwini Municipality (23/1/11/3/1):
(Page L16: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)
COMMITTEE RECOMMENDS:
That for the reasons stated in this report WS2016/151, authority be given to the Deputy City Manager : Treasury to include in his adjustments budget Report, the transfer of R360 000.00 (Three Hundred and Sixty Thousand Rand) from project X6920 Umnini Resevoir to project X3218 Nanofiltration Water Purification Treatment Plant for Various Boreholes in the eThekwini Municipality.