Subcouncil resolution details

Subcouncil 2

Agenda item no

02SUB 15/3/2023

Subject

PROPOSED TRANSFER OF A PRIMARY HEALTH CARE FACILITY TO THE WESTERN CAPE GOVERNMENT: PORTION OF REMAINDER ERF 9831 KRAAIFONTEIN: KRAAIFONTEIN COMMUNITY HEALTH CENTRE (CHC), EIKENDAL PROPOSED CLOSURE OF A PUBLIC PLACE, BEING REMAINDER ERF 9831 KRAAIFONTEIN

Meeting date

Wednesday, March 15, 2023

Resolution

Approved

Date closed

Thursday, March 30, 2023

Resolution detail

Pieter Strumpher will be present for the item.

RESOLVED unanimously by Subcouncil 2 that

Council resolve in terms of regulation 20(1)(f)(i) of the Municipal Asset Transfer Regulations that a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², is not required for the provision of any minimum level of basic municipal services and is surplus to the requirements of the Municipality.

In terms of the provisions of section 4 of the Immovable Property By-law promulgated on 11 December 2015, a portion of public place, being a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², be officially closed.

That the transfer of a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², to the Western Cape Department of Transport and Public Works, or its successor(s) in title, be approved, subject inter alia to the following conditions, that:

A discounted purchase price of R4 682 500, excluding VAT, be payable, which amount is 25% of the full market value of R18 730 000;

The purchase price is to be adjusted by 5% per annum compounded annually on a pro rata basis, commencing 6 months after the date of valuation, i.e. from 1 April 2023, until the date of registration;

The valuation is to be reassessed if not approved by the delegated decision making authority of Council within 36 months from date of valuation, i.e. by 30 September 2025;

Rates and municipal charges, if applicable, be levied;

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

aa) That the land only be utilized for health care and ancillary use purposes under jurisdiction of the Western Cape
Health Department, and the transfer of the land be subject to a suitable reversionary clause in order to enforce
compliance;

bb) That all further statutory and land use requirements be complied with; including the exclusion of the existing electrical
substation from the area to be transfer; and

cc) That all costs related and incidental to the transaction be borne by the purchaser.

That prior occupation be granted to the Western Cape Department of Health, without payment of occupational rent, and subject to a prior occupation agreement being concluded with the City and;

It be confirmed that, when considering the alienation of the land at less than market value, the contents of Reg 20(1) (f)(ii) of the MATR has been duly taken into consideration.

ACTION: PIETER STRUMPHER