Agenda item

With reference to Article 28 of the minute of its meeting of 6 March 2013, the Council had before it a reportwhich outlined the result of further discussions with Aberdeenshire Council and Transport Scotland regarding the revised payment mechanism, and detailed the proposed Third Variation to the existing Memorandum of Understanding to govern the revised payment mechanism, as well as a number of decisions which required to be made.

The report recommended:-

that the Council -

(a)              note the Council decision of 6 March 2013 where it was agreed that the Council would meet its share of the costs of the AWPR northern and southern legs via an up-front capital contribution up to a maximum of £75million or 9.5%, whichever was the lower;

(b)              note that officers and officials were progressing the terms of a Third Variation to the October 2003 Memorandum of Understanding to govern the revised payment mechanism, which was proposed to be entered into between the Council, Aberdeenshire Council and the Scottish Ministers;

(c)               apply Standing Order 1(6)(a) (Special Circumstances) in order to exempt the process for entering into a contract with the Special Purpose Vehicle to design, build, finance and operate the Aberdeen Western Peripheral Route/Balmedie-Tipperty (AWPR-BT) project from certain of the requirements of the Council’s Standing Orders relating to contracts and procurement, namely Standing Orders 7(1)(b) (Tenders to remain in the custody of the Head of Procurement) and 7(2) (Tender Opening); and

(d)              delegate to the unanimous approval of the Director of Corporate Governance, the Head of Finance, the Head of Legal and Democratic Services and the Director of Enterprise, Planning and Infrastructure the negotiation, approval and execution of the contract documents required to be signed in connection with the implementation of the construction of the AWPR/B-T project on such terms and conditions as they think fit. The contract documents referred to above are:-

1.            Third Variation of Memorandum of Understanding

2.            Funding Agreement

3.            Project Agreement

Councillor Young moved, seconded by Councillor Yuill:-

That the Council approve recommendations (a), (b) and (c) as contained within the report, and recommendation (d) in consultation with the Council Leader, the Convener of Finance, Policy and Resources and the Convener of Audit and Risk.

Councillor Boulton moved, seconded by Councillor Finlayson:-

            That the Council -

(1)               agree to contribute £75million or 9.5% whichever was the lower subject to:-

(i)            a legal agreement with the Scottish Government to build and complete the Haudagain roundabout within a mutually agreed timescale;

(ii)          proceeding with the northern leg as soon as possible; and

(iii)        a review of the southern leg;

(2)               approve recommendations (b) and (c) as contained within the report; and

(3)               approve recommendation (d) subject to the inclusion of the Leader of the Council and the Convener of Finance, Policy and Resources.

On a division, there voted:-

For the motion  (37)  -  Lord Provost; Depute Provost; and Councillors Allan, Cameron, Carle, Cooney, Crockett, Delaney, Dickson, Donnelly, Jackie Dunbar, Lesley Dunbar, Forsyth, Graham, Grant, Greig, Ironside, Jaffrey, Kiddie, Laing, Lawrence, MacGregor, McCaig, Malik, Malone, May, Milne, Jean Morrison, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Taylor, Thomson, Townson, Young and Yuill.

For the amendment  (2)  -  Councillors Boulton and Finlayson.

The Council resolved:-

(i)                 to adopt the motion; and

(ii)               to request officers to notify members how much money the Council had budgeted for alterations to radial routes and junctions, and how much had been spent by the Council to date in relation to the AWPR.