council decision circular : meeting held on 2018-05-31

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COUNCIL DECISION CIRCULAR : MEETING HELD ON 2018-05-31

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2018-05-31.

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.

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2. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2018-05-18

(Page R43)

2.3 Review of Special Tariffs for 2018/2019 WS2018/007 (7/6/1/2):

(Page 21: Human Settlements and Infrastructure Committee - Agenda 2018-05-18) At the Human Settlements and Infrastructure Committee meeting, with 30 Councillors present, 21 Councillors (ANC -18, IFP-2 EFF-1) voted in support of the recommendations and 9 DA Councillors voted against the recommendations.

At the Executive Committee meeting the Democratic Alliance expressed concern that ratepayers were being overburdened by the increase in tariffs. Accordingly with the Democratic Alliance dissenting,

COMMITTEE RECOMMENDS:

2.3.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2018-07-01 the tariffs set out in Annexure “A” of the report SW2018/007 of the Head: Cleansing and Solid Waste dated 2018-02-19 be levied in respect of the supply of Business Refuse Removal Services.

2.3.2 That the tariff increases of between 8.5 and 9.5% proposed in the report SW2018/008 of the Head: Cleansing and Solid Waste dated 2018-02-19 be approved and levied with effect from 2018-07-01 in respect of the supply of Special Cleansing and Solid Waste services.

2.3.3 That subject to the adoption of 1 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act as follows:

2.3.3.1 To display a copy of this resolution and the said tariff of charges conspicuously:- (a) on the City Hall Notice Board, and

(b) at such other places within the Municipality as the City Manager may determine,

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2.3.3.2 To seek to convey the information referred to in the said notice to the public through the relevant Radio Stations.

2.3.3.3 To send a copy of the notice to the KZN Member of the Executive Council (MEC) responsible for Co-operative Government and Traditional Affairs.

2.3.3.4 To publish in the Ezasegagasini Metro a notice in the following format:-

2.3.3.5 A copy of the said resolution and annexed tariff of charges is available for inspection at City Hall, Pixley kaIsaka Seme Street, Durban.

by the majority vote.

2.4 Review of Domestic Refuse Removal User Charge Tariffs for 2018/2019 WS2018/008 (7/6/1/2):

(Page 26 : Human Settlements and Infrastructure Committee - Agenda 2018-05-18) At the Human Settlements and Infrastructure Committee meeting, with 30 Councillors present, 21 Councillors (ANC -18, IFP-2 EFF-1) voted in support of the recommendations and 9 DA Councillors voted against the recommendations.

2.4.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2018-07-01 the tariffs as set out in Annexure “A” of the report SW2018/008 of the Head: Cleansing and Solid Waste dated 2018-02-19, be levied in respect of the supply of Domestic Refuse Removal Services.

2.4.2 That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the above abovementioned Act as follows:

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2.5 Review of Sundry Tariffs for 2018/2019 SW2018/006 (7/6/1/2):

2.5.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2018-07-01 the tariffs as set out in Annexure “A” of the report WS2018/006 of the Head: Cleansing and Solid Waste dated 2018-02-19, be levied in respect of the supply of Business Refuse Removal Services.

2.5.2 That, subject to the adoption of .1 above, the Acting City Manager be directed to comply with the provisions of Sections 75A (3) and (4) of the abovementioned Act as follows :

2.7 Review of Sewerage Disposal Usercharge Tariffs for 2018/2019 (7/6/1/2):

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2.7.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2018-07-01 the tariffs as set out in Annexure “A” of the report WS2018/021 of the Head: Water and Sanitation dated 2018-01-31, be levied in respect of the provision of a sewage disposal service to customers.

2.7.2 That in order to accommodate the water challenge pertaining to the prevailing drought conditions, the Tariffs for Sanitation user charge contain a provision for a drought tariff surcharge of 15% to apply in the event of the Municipality determining that water conservation measures must be introduced, or being obliged to introduce such measures in terms of legislation.

2.7.3 That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act as follows:

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2.8 Review of Sundry Water Tariffs for 2018/2019 (7/6/1/2):

2.8.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2018-07-01 the tariffs as set out in Annexure “A” of the report WS2018/020 of the Head: Water and Sanitation dated 2018-02-01, be levied in respect of the supply of Sundry Water Services.

2.8.2 That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act as follows:

2.9 Review of Potable Water Tariffs for 2018/2019 (7/6/1/2):

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2.9.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2018-07-01 the tariffs as set out in Annexure “A” of the report WS2018/024 of the Head: Water and Sanitation dated 2018-02-01, be levied in respect of the supply of Water to Consumers.

2.9.2 That in order to accommodate the water challenges pertaining to the prevailing drought conditions, the Tariffs for Water Consumption contain a provision for a drought tariff surcharge of 15% to apply in the event of the Municipality determining that water conservation measures must be introduced, or being obliged to introduce such measures in terms of legislation.

2.9.3 That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act as follows:

2.10 Review of Sewerage Disposal Sundry Tariffs for 2018/2019 (7/6/1/2):

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2.10.1 That the Council of the eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act 2000 (Act 32 of 2000) that the tariff set out in Annexure “A” of the report WS2018/027 of the Head: Water and Sanitation dated 2018-02-02 be levied with effect from 2018-07-01 be levied in respect of the supply of the supply of sundry sewage disposal charges.

2.10.2 That in order to accommodate the water challenges pertaining to the prevailing drought conditions, the Tariffs for Sanitation user charge contain a provision for drought tariff surcharge of 15% to apply in the event of the Municipality determining that water conservation measures must be introduced, or being obliged to introduce such measures in terms of legislation.

2.10.3 That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75 A (3) and (4) of the abovementioned Act as follows :

2.15 Review of Electricity Energy Tariffs: Financial Year for 2018/2019 Connection Charges (First Schedule) and Energy Charges (Second Schedule):

(Page L10: Human Settlements and Infrastructure Committee - Agenda 2018-05-18) At the Human Settlements and Infrastructure Committee meeting, with 30 Councillors present, 21 Councillors (ANC -18, IFP-2 EFF-1) voted in support of the recommendations and 9 DA Councillors voted against the recommendations.

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2.15.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2018-07-01 the tariffs set out in Annexure “A” - Second Schedule (Energy Tariffs Increases, Tariff Rates &

Structures) and Annexure “B” – First Schedule (Schedule of Connection Fees and Charges) of the report LM/EPM/2574 compiled by the Head: Electricity dated 2018-04-16 be levied.

2.15.2 That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act as follows:

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2.16 Rental Adjustments – 2018/2019:

(Page L11 : Human Settlements and Infrastructure Committee - Agenda 2018-05-18) At the Executive Committee meeting the Democratic Alliance expressed concern that ratepayers were being overburdened by the increase in rental adjustments.

Accordingly with the Democratic Alliance dissenting, COMMITTEE RECOMMENDS:

That Council reviews and amend the rental adjustment for upgraded Units from 15%

to 10% as approved by eThekwini Municipal Council at the meeting held on 25 May 2017, for the 2018/2019 financial year.

Financial Implications:

The proposed increase in rentals of 10% per annum for all rental units will result in an increase in revenue of approximately R5 170 000.00 (Five Million One Hundred and Seventy Thousand Rand) per annum.

Budgeted Income Statement for the year ended 2018/2019

2016/17 2017/18 2018/19

Income Rentals R69.03 M R73.7 M R85.67 M

Less: Salaries and Allowance Expenses

(R22.0 M) (R23.3 M) (R21 M)

Operating Expenses (R68.6 M) (R70.7 M) (R78 M)

Maintenance (R10.6 M) (R11.2 M) (R12 M)

Net Deficit (R32.17M) (R30.5M) (R25.33M)

City Administration: Secretariat

31 May 2018

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COUNCIL DECISION CIRCULAR : MEETING HELD ON 2018-03-28

ADOPTED"

Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.

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2. REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE:

MEETING HELD 2018-03-07 (Page R6)

2.1 Lease for Use of Cleremont Sizakala Centre as Constituency Office (17/2/2/5/2):

(Page 57 : Governance and Human Resources Committee - Agenda 2018-03-07 At the Governance and Human Resources Committee, with 36 Councillors present, 23 Councillors (ANC – 22 and IFP – 1) voted in support of the recommendations and 10 DA Councillors voted against the recommendations. 3 Councillors (EFF – 2 and AIC – 1) abstained from voting.

However, at the Executive Committee meeting, Executive Committee Members HU De Boer and S Hoosen requested that their dissenting votes be recorded and Executive Committee Member MS Nkosi abstained from voting in order to enable his Caucus to consider same in the first instance.

In the circumstances and as the majority of the Executive Committee Members were in agreement,

That the Head: Real Estate be authorized to lease Council owned premises by private treaty, within the Clermont Thusong Service Centre premises, to the Clermont Sizakala Centre for use as a Constituency Office under the administration of the Honourable Cyril Xaba (MPL KZN Legislature) for a period of three (3) years with effect from 2018-02-01.

2.2 2018/19 Tariffs for Use of Sizakala Committee Rooms (7/6/1/4):

(Page 61 : Governance and Human Resources Committee - Agenda 2018-03-07) At the Executive Committee meeting it was queried whether the increase in 1% VAT, as announced by the National Minister of Finance, had been included in the tariffs. In response it was advised that the increase in VAT had not been included but a report in that regard was imminent.

Accordingly,

2.2.1 That the revised tariffs as contained in Annexure A of the Report of the Head: Sizakala Customer Service, dated 2018-01-23, be approved for implementation with effect from 2018-07-01.

2.2.2 That the City Manager be and is hereby mandated without delay to:

(i) To display a copy of this resolution and the said tariff of charges:

(a) On the City Hall Notice Board; and

(b) Other places within the Municipality as the City Manager may determine.

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(ii) To publish in the Metro eZasegagasini a notice in the following format:

ETHEKWINI MUNICIPALITY Notice is hereby given that:-

(iii) A resolution of the kind contemplated in Section 75 A (2) of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000) was passed by Municipal Council.

Financial Implications:

Details of Income received on the hire of committee rooms in the financial year 2016/17 together with forecast and estimates for 2017/2018, 2018/2019 and 2019/2020 and 2020/2021 are as follows:-

Actual Actual ytd Forecast Budget Budget Budget 2016/17 2017/18 2017/18 2018/19 2019/20 2020/21 Hire of Committee Rooms R1 550 R968 R1 940 R2 030 R2 130 R2 240

2.3 Review of Tariffs: City Hall Hire: 2018/2019 (7/6/1/4):

(Page 115 : Governance and Human Resources Committee - Agenda 2018-03-07 COMMITTEE RECOMMENDS:

2.3.1 That the Council of the eThekwini Municipality resolves in terms of Section 75 A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2018-07-01 the tariffs set out in Annexure “A” of the report (6/5/2/1) of the Head: City Hall Administration and Secretariat dated 2018-01-22 will be levied in respect of the hire of City Hall.

2.3.2 That the City Manager be and is hereby mandated without delay to:

(i) To display a copy of this resolution and the said tariff of charges:

(a) On the City Hall Notice Board; and

(b) Other places within the Municipality as the City Manager may determine.

(ii) To publish in the Metro eZasegagasini a notice in the following format:

ETHEKWINI MUNICIPALITY Notice is hereby given that:-

(iii) A resolution of the kind contemplated in Section 75 A (2) of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000) was passed by Municipal Council.

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3.

4.5 Proposed Tariffs 2018/2019 – 2021 for the Community Services Cluster:

(Page 149 & 212 : Community Services Committee - Agenda 2018-03-08)

The General Manager advised that there was further review of some prices which was still being considered based on a current exercise of comparing prices with market related prices.

4.5.1 That all present tariffs as reflected in the Annexure A, (Tariff 2018/2019) attached to the report dated 2018-01-18, as imposed by the Municipality, be hereby rescinded with effect from 2018-06-30.

4.5.2 That subject to the adoption of .1 above, the Proposed Tariffs excluding VAT as set out in Annexure A (Tariffs 2018/2019), attached to the report dated 2018-01-18 be adopted with effect from 2018-07-01.

4.5.3 That the City Manager be required:

(i) To display a copy of this resolution and the said tariff of charges conspicuously:

(a) On the City Hall Notice Board and at such other places within the Municipality as the City Manager may determine:

(ii) To publish in the Metro Ezasegagasini a notice in the following form:

ETHEKWINI MUNICIPALITY Notice is hereby given that:

(a) A resolution of the kind contemplated in Section 75A (2) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) was passed by the Municipal Council on...

(b) A copy of the said resolution and the annexed tariff of charges as available for inspection at:

(i) City Hall, Dr Pixley Ka Seme Street, Durban (ii) ..., etc.

4.5.3 The effective date for the implementation of the said tariff of charges is the 2018-07-01.

4.5.4 To seek to convey the information referred to in the said notice to the public on the East Coast Radio and Ukhozi FM Radio; and

4.5.5 To send the copy of the said notice to the Provincial Minister of Local Government.

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5. REPORT OF SECURITY AND EMERGENCY SERVICES COMMITTEE:

MEETING HELD 2018-03-14 (Page R15)

5.2 Proposed Tariffs 2018/2019 - 2021 For Security and Emergency Services

(Page 10 & 112 : Security and Emergency Services Committee - Agenda 2018-03-14) COMMITTEE RECOMMENDS:

5.2.1 That all present tariffs as reflected in the Annexure A, (Tariff 2018/2019) attached to the report dated 2018-01-18, as imposed by the Municipality, be hereby rescinded with effect from 2018-06- 30.

5.2.2 That subject to the adoption of 1. above, the Proposed Tariffs including VAT as set out in Annexure A (Tariffs 2018/2019), attached to the report dated 2018-01-18 be adopted with effect from 2018-07-01.

5.2.3 That the City Manager be required:

(i) To display a copy of this resolution and the said tariff of charges conspicuously:

(a) on the City Hall Notice Board and at such other places within the Municipality as the City Manager may determine;

(ii) To publish in the Metro Ezasegagasini a notice in the following form:

ETHEKWINI MUNICIPALITY Notice is hereby given that:

(a) A resolution of the kind contemplated in Section 75A (2) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) was passed by the Municipal Council on...

(b) A copy of the said resolution and the annexed tariff of charges as available for inspection at

(i) City Hall, Dr Pixley Ka Seme Street, Durban (ii) ..., etc.

5.2.3 The effective date for the implementation of the said tariff of charges is the 2018-07-01.

5.2.4 To seek to convey the information referred to in the said notice to the public on the East Coast Radio and Ukhozi FM Radio; and

5.2.5 To send the copy of the said notice to the Provincial Minister of Local Government.

City Administration: Secretariat

28 March 2018

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COUNCIL DECISION CIRCULAR : MEETING HELD ON 2018-02-22

ADOPTED"

Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.

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5. REVIEW OF TARIFF: REVENUE CLEARANCE CERTIFICATE 2018/2019 (7/6/1/5)

(Page 70)

5.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) and with effect from 2018-07-01 the tariffs set out in Annexure "A" of the report of the City Manager dated 2017-11-28, will be levied in respect of the Revenue Clearance certificate.

5.2 That the City Manager be instructed without delay:-

(i) To display a copy of this resolution and the said tariff of charges conspicuously:-

(a) On the City Hall Notice Board, and

(b) At such other places within the Municipality as the City Manager may determine

(ii) To seek to convey the information referred to in the said notice to the public through the relevant Radio Stations.

(iii) To send a copy of the notice to the KwaZulu-Natal Member of the Executive Council (MEC) responsible for Co-operative Governance and Traditional Affairs.

(iv) To publish in the Ezasegagasini Metro a notice in the following format:- ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A (2) of the Local Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by the Municipal Council on...

(b) A copy of the said resolution and annexed tariff of charges is available for inspection at:-

(i) City Hall, Dr Pixley kaIsaka Seme Street, Durban (ii) ... etc

(c) The effective date for the implementation of the said tariff of charges is 2018-07-01.

………

CITY MANAGER

ETHEKWINI MUNICIPALITY Date……….

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6. REVIEW OF VALUATION ROLL TARIFFS: 2018/2019 (7/6/1/5) (Page 75)

6.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2018-07-01 the tariffs set out in Annexure A of the report by the City Manager dated 2018-01-25, be levied.

6.2 That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the said Act.

3.13 Planning Sector Tarrifs – 2018/2019 Financial Year (7/6/1/6):

(Page 254 : Economic Development and Planning Committee – Supplementary Agenda 2018-02-15)

3.13.1 That the Council of eThekwini Municipality resolve in terms of section 75A of Local Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from 2018-07-01 the tariffs set out in annexure “A” of the report of the Head: Development Planning, Environment and Management be levied in respect of the Planning sector.

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3.13.2 That the City Manager be instructed without delay:

(a) on the City Hall Notice Board, and

(ii) To seek to convey the information refered to in the said notice to the public through the relevant media platforms,

(iii) To send a copy of the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional affairs,

(iv) To publish in the Ezasegagasini Metro a notice in the following:

ETHEKWINI MUNICIPALITY

(a) A resolution of the kind contemplated in section 75A (2) of the Local Government: Municipal Act 2000 (Act 32 of 2000) was passed by the Municipal Council on……….

(b) A copy of the said resolution and annexed tariff of charges is available for inspection at:

(i) City Hall, West Street, Durban (ii) ………...etc.

………

CITY MANAGER

ETHEKWINI MUNICIPALITY Date………...

, by the majority vote.

3.14 Business Licensing Tariffs: 2018/2019 (7/6/1/6):

3.14.1 That all “present tariffs” as reflected in Annexure A (Tariffs 2017/2018) attached to the report, as imposed by the municipality, be hereby rescinded with effect from 2018-06-30

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3.14.2 That subject to the adoption of 1above the proposed tariffs including vat as set out in Annexure A (tariffs 2018/2019), attached to the report dated 2018-01-18 be adopted with effect from 2018-07-01.

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3.14.3 That the City Manager be required:-

(a) on the City Hall Notice Board, and

(ii) to publish in the Ezasegagasini Metro a notice in the following form:

(i) City Hall, West Street, Durban

(ii) ………...etc.

(d) To seek to convey the information referred to in the said notice to the public on East Coast Radio and Ukhozi Radio; and

(e) To send a copy of the said notice to the Provincial Minister of local Government.

3.15 Review of Tariffs:2018/2019: Bulk Fresh Produce Market (7/6/1/6):

3.15.1 That the Council of eThekwini Municipality resolve in term of section 75A of Local Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from 2018-07-01 the tariffs set out in annexure “A” of the report of the Head: Business Support, Tourism and Markets dated 2018-01-02 will be levied in respect of the Fresh produce Market.

3.15.2 That the City Manager be instructed without delay:-

(a) On the City Hall Notice Board, and

(b) At such other places within the Municipality as the City Manager may determine,

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(ii) To seek to convey the information referred to in the said notice to the public through the relevant Radio Stations,

(iii) To send a copy of the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional affairs,

(iv) To publish in the Ezasegagasini Metro a notice in the following format:

(i) City Hall, West Street, Durban (ii) ………...etc.

………

CITY MANAGER

ETHEKWINI MUNICIPALITY Date……….

3.16 Review of Tariffs: 2018/2019: Itinerant Traders, Street Traders, Hive Sites &

Containers (7/6/1/6):

3.16.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in Annexure A

3.16.2 That subject to the adoption of .1 above, the Head: Business Support Unit proceed with negotiations of 2019/20 and 2020/21.

3.16.3 That subject to adoption of .1 above, the City Manager be directed to comply with provision of Section 75A (3) and (4) of the said Act.

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3.17 Review of Tariffs: 2018/2019: Retail Markets (7/6/1/6):

With Executive Committee Members Mncwango and De Boer abstaining and with Executive Committee Member Hoosen having left the meeting,

3.17.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in Annexure A

3.17.2 That subject to the adoption of 1 above, the Head: Business Support Tourism &

Markets Unit proceed with negotiations of 2019/20 and 2020/21.

3.17.3 That subject to adoption of .1 above, the City Manager be directed to comply with provision of Section 75A (3) and (4) of the said Act.

council decision circular : meeting held on 2018-05-31