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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 6

Agenda item no

06SUB 19/11/2020

Subject

GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER OF A PORTION OF ERF 25110 BELLVILLE TO ABUTTING OWNER: ETERNAL JOY MINISTRIES NPC PROPOSED CLOSURE OF A PORTION OF PUBLIC PLACE, BEING A PORTION OF ERF 25110 BELLVILLE

Meeting date

Monday, November 16, 2020

Resolution

Recommend

Date closed

Monday, November 23, 2020

Resolution detail

RESOLVED
 
Subcouncil 6 supported and noted the report and recommended to Council the following:
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 25110 Bellville, situated off Dirkie Uys Road in Kempenville, in extent ± 94 m² as shown hatched and lettered ABCDEF on Plan TA 790v1 (Annexure “A” to the report), 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 grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portion of Erf 25110 Bellville, in extent ± 94 m² as shown hatched and lettered ABCDEF on Plan TA 790v1 (Annexure “A” to the report);
c)       Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of the subject property being a portion of a Public Place, being a Portion of Erf 25110 Bellville, in extent ± 94 m² as shown hatched and lettered ABCDEF on Plan TA 790v1 (Annexure “A” to the report);
d)       That the transfer of a Portion of Erf 25110 Bellville, in extent ± 94 m² as shown hatched and lettered ABCDEF on Plan TA 790v1 (Annexure “A” to the report) to Eternal Joy Ministries NPC, or their successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A purchase price of R22 500, excluding VAT, being 25% of the market related sales price of R110 000, be payable;
 
  1. The purchase price is to be adjusted at 5% per annum compounded annually on a pro-rata basis, commencing 6 months after date of valuation, i.e. from 1 November 2020, until date of registration;
 
  1. The valuation is to be reviewed if not approved by the delegated authority within 24 months from date of valuation, i.e. by 1 April 2022;
 
  1. Rates and municipal charges, if applicable, be levied; and
 
  1. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:
 
aa) That all further statutory and land use requirements be complied with;
 
bb) The subject portion of Erf 25110 Bellville need to be consolidated with the applicant’s Erf 7213 Bellville, which consolidation will be registered simultaneous with the registration of transfer; and
 
cc) that all costs related and incidental to the transaction be borne by the purchaser.
e)It be confirmed that, when considering the alienation of the land at less than market value, as provided for in terms of Clause 15.3 of Council’s Policy on the Management of Certain of the City of Cape Town’s Immovable Property, the contents of Regulation 13(2) of the MATR has been duly taken into consideration.
                       .
FOR INFORMATION:                  PIETER STRUMPHER
 

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