Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 15/11/2023

Subject

PROPOSED GRANTING OF RIGHTS TO USE, CONTROL OR MANAGE (LEASE) PORTION OF CITY-OWNED PROPERTY BEING PORTIONS OF REMAINDER ERVEN 2054, 2754 AND 5454-RE HOUT BAY, OFF HOUT BAY MAIN ROAD, FOR THE ESTABLISHMENT OF LOCAL VINEYARDS

Meeting date

Wednesday, November 15, 2023

Resolution

Approved

Date closed

Thursday, November 16, 2023

Resolution detail

RESOLVED that:

It be recommended that:

In terms of the provisions of Regulation 36(a) of the Municipal Asset Transfer Regulations, R.878, promulgated on 22 August 2008 (MATR), portions of remainder erven 2054, 2754 and 5454 (all) Hout Bay, off Hout Bay Main Road, zoned Open Space 2: Public Open Space and Transport 2: Public Road & Pubic Parking, measuring approximately 31 810 m2, shown on Plan LIS 2780 attached as Annexure B be regarded as not being required for the municipality’s own use during the period for which the right is to be granted;

The Director: Property Management resolve in terms of Regulation 36(b) of the MATR, that in making the determination in 7(a), he has taken into account the extent to which any compensation to be received for the right together with the estimated value of any improvements or enhancements to be made to the property described in 7(a) will result in a significant economic or social benefit to the municipality;

In terms of the provisions of Regulation 34(1)(b) of the MATR, the Director: Property Management resolve that the right to use, control or manage, portions of remainder erven 2054, 2754 and 5454 (all) Hout Bay be granted in-principle, subject to conditions to be imposed by the Director: Property Management; and

Any gain or loss incurred by the municipality in respect of the lease of the asset described in 7(a) be included in the adjustment budget of the municipality (sections 28 and 87 of the Municipal Finance Management Act, Act 56 of 2003), if not budgeted for in the approved annual budget.

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ACTION: SHELTON NHIWATIWA