Subcouncil 19

Resolution detail

RECOMMENDED that,


a)Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being portion of erf 668 Noordhoek, situated off Wolf Power Close, Noordhoek, in extent approximately 220 m² as shown hatched and lettered ABC on Plan LT 1282v3 (Annexure “A”), is not needed to provide the minimum level of basic municipal services and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset;

b)Council grant in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portion of erf 668 Noordhoek, situated off Wolf Power Close, Noordhoek, in extent approximately 220 m² as shown hatched and lettered ABC on Plan LT 1282v3 (Annexure “A”);

c)Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a portion of the subject public open space, being portion of erf 668 Noordhoek, situated off Wolf Power Close, Noordhoek, in extent approximately 220 m² as shown hatched and lettered ABC on Plan LT 1282v3 (Annexure “A”)

1. A purchase price of R160 000, exclusive of 15% VAT, being payable;

2. The sale’s price shall escalate by 8% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. as from 2018-10-01 until 2020-03-31. The escalated sale’s price will thereafter from 1 April 2020 escalate at 5% per annum until date of registration;

3. Occupational rental of R375 per month (exclusive of Vat) escalating at 8% per annum be charged as from 2018-10-01, until date of registration of transfer;

4. Rates and municipal charges, if applicable, be levied;

5. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:

• Telkom requires access to carry out maintenance or upgrade existing plants at all times;
• It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any other Telkom plant which might not be indicated on the plan;
• Telkom’s way-leave with Ref. No. WWIP_WNRD0885_16, which is in applicants’ possession, is to be adhered to;

• Any alterations or deviations to the electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost and a minimum clearance of 3 meter to any overhead mains conductors shall be maintained at all times;

• No buildings shall be erected within or over the sewer;
• No excavation or filling shall be carried out within the area without the prior consent of Council;
• The Council shall have the right of access at all times for the purpose of maintaining and repairing the sewers;