Resolution detail
Cllr Antonio van der Rheede informed the Subcouncil members that a meeting was held on the 05/11/2018 with City officials and Eskom officials from Johannesburg to clarify and demystify the Subcouncil concerns raised at the Subcouncil meeting held on the 17/10/2018. He said the radiation temperature was measured.
He said the purpose of the report is to consider the proposed approval for the granting rights to use, control or manage Municipal Capital Assets for the purpose of granting of a perpetual Servitude for Overhead Electrical Power Line Transmission purposes over the various City owned properties, indicated on the property schedule, in favor of Eskom Holdings SOC Ltd. He said the project is to strengthen power supply e.g. Airport Precinct Development and it will benefit other communities as well.
• Cllr Moses noted the issue of public participation and inclusiveness and he said that he is quite happy that we can come to a resolution.
• The Subcouncil Manager said that the Line Department agreed to address Public Participation updating community affected directly with progress made so far and the Subcouncil.
• The Line Department will compile a pamphlet with project background and way forward.
RESOLVED that
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The Subcouncil members SUPPORTED the recommendations that
a) Council resolve, in terms of Regulation 20(1)(f)(i) of the Municipal Asset Transfer Regulations, that the immovable properties listed in the schedule of properties which are to be encumbered by the proposed servitude for overhead electrical power line transmission in favour of Eskom Holdings SOC Ltd, are not required for the provision of any minimum level of basic municipal services and are surplus to the requirements of the municipality;
b) The granting of rights to use, control or manage municipal capital assets for a perpetual servitude corridor for overhead electrical power line transmission over various City owned properties in combined extent of approximately 209 824 m², as more fully described in the property schedule and as indicated on the electrical services data sketch (Annexure A), in favour of Eskom Holdings SOC Ltd or its successors-in-title, be approved subject inter alia to the following conditions:
i) A market related servitude consideration of R4 700 000 (excluding Vat calculated at the rate applicable at the time of registration where applicable), be payable;
ii) The servitude consideration is to be adjusted on the basis of 6% per annum compounded annually on a pro rata basis commencing 6 months after date of valuation. Accordingly, the above recommended consideration is to be adjusted as from 1 May 2018;
iii) this valuation is to be reviewed if not implemented within 18 months from the date of valuation (i.e. by 1 May 2019);
iv) Rates and municipal charges, if applicable, be levied;
v) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
vi) Subject to compliance by applicant with any and all other statutory requirements;
vii) All costs related to the transaction be borne by the applicant;
viii) Telkom services and underground fibre optic cables are shown to exist within the vicinity of the servitude route and the following conditions will apply:
(aa) No mechanical plant or vibrator type compactor may be used within 3 metres of any Telkom plant (i.e. any telecommunication equipment above or below ground level);
(bb) a written request must be submitted to Telkom for consideration should applicant require any plant to be relocated. The costs of such relocation will be recoverable from the applicant;
(cc) It is the responsibility of the applicant to verify the existence of the indicated plant and to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plans. Should applicant expose any Telkom plant, the safeguard thereof will be the applicant’s full responsibility;
(dd) Telkom requires access to carry out maintenance or to upgrade existing plants at all times;
(ee) Telkom’s wayleave with reference WWIP_WPHP1348_17 must be brought to the attention of the applicant.
ix) The City Health: Environmental Health Department requires follow conditions to be complied with:
(aa) Compliance with the Noise Control Regulations P.N. 200/2013 as promulgated under the Environmental Conservation Act 73 of 1989 by not creating a disturbing noise and/or noise nuisance to surrounding property owners;
(bb) Any noise producing plant or equipment must be adequately muffled so as not to create a disturbing noise nuisance to any of the surrounding property owners, churches, hospitals, educational buildings or offices;
(cc) Adequate measures must be taken to control the emissions of dust into the atmosphere in terms of the City of Cape Town Air Quality Management Bylaw;
(dd) An integrated waste management approach must be used that is based on waste minimization and should incorporate reduction, recycling, re-use and disposal where appropriate. Any solid waste shall be disposed of at a landfill site, licenced in terms of Section 20 of the Environmental Conservation Act 73 of 1989;
(ee) Any hazardous waste originating from any site either during the demolition of an existing building or unearthed during site clearing operations, or during the construction process, are to be handled, transported and disposed of at an approved hazardous waste site in a manner acceptable to Council and in compliance with the requirements of any other law.
(x) Electricity services exist in the vicinity of the subject properties and the following conditions will apply:
(aa) Any alterations or deviations to existing electricity services necessary as a consequence of the proposal, or requested by the applicant will be carried out at the applicant’s costs;
(bb) Where possible the electricity infrastructure currently existing on the properties must be relocated to zones within the proposed servitude boundaries as required and agreed upon with the applicant. Application shall be made to the Electricity Services Department in this regard;
(cc) Where existing underground electrical infrastructure crosses the proposed servitude, these must be relocated to at least 5 metre away or as determined by the applicant’s standards, from the proposed pylon footings;
(dd) Where existing overhead electrical infrastructure crosses the proposed power line servitude a detailed design must be submitted for approval on the proposed power line crossing. This is of particular concern at the approach to the Philippi Switching Station;
(ee) It is anticipated that the proposed power line servitude will encroach existing power line corridors and numerous high voltage underground cable installations at and near the City’s existing Philippi and Newfield Switching Stations. Details of the proposed servitude power line and the structure locations at these locations are required in order to identify specific additional restrictions that the City may require;
(ff) Where existing electrical infrastructure cannot be relocated off the properties or their vicinity, a wayleave shall be obtained from the Electricity Services Department before any work may commence. In this regard please contact the Drawing and Record Centre Office South (telephone 021 763 5650)
(gg) With respect to the electrical infrastructure the City of Cape Town has and shall retain the right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations upon formal application of a works permit;
(hh) The City of Cape Town has the right for any employee or servant or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights;
(ii) The design and construction of the proposed overhead line shall be such that access to maintain and service existing electrical services located in the proposed servitude can take place without the need for permissions and permits;
(jj) The future installation of other services by the applicant in the proposed servitude shall require the separate consent from the City of Cape Town;
(kk) Any proposed perimeter enclosure and access to such enclosure must conform to the requirements and specifications of this department, allowing for 24-hour unrestricted access. Please apply to the Electricity Services Department to obtain approval;
(ll) The applicant shall be responsible at all times for the maintenance and good order of the land
(mm) The servitude agreement bourne from this application will be determined after all details have been considered and will at least contain the conditions contained herein pertaining to the continued upgrading, adding maintenance, safe operation and protection of the existing and future electrical services.
(nn) Enquiries regarding Electricity Services Department comments may be directed to Mr Roelof Fourie at 02 1763 5606;
xi) The Transport and Urban Development Authority (TDA) require the following conditions to be complied with:
(aa) Vertical clearances and future interchanges along the proposed alignment:
Table A, highlights all the major roads and properties that are crossed / traversed by the 400KV power-line route, which in terms of their physical attributes may impact on the vertical clearances of these power lines, which table is set out more fully in the comment memorandum from TDA marked annexure “F”
Action: S Carelse, K Nombakuse
