Subcouncil 16

Resolution detail

The Subcouncil Manager, Mr Marius Coetsee informed the meeting that he was advised via email by Mr Saul Jacobs that Legal Services endorsed this item as non-compliant, because the public participation process did not run for the full thirty (30) days as required in terms of Section 4 of the COCT: Immovable Property By-Law. The advertising period was mistakenly closed on the Friday prior to the thirty (30) day cut-off date. To remedy this legal technicality, the proposal will be re-advertised on 24 November 2017. The Subcouncil is requested to support the recommendations, subject to the condition that should there be any/further comments/objections received during the re-run of the public participation process, the application will be resubmitted to the next Subcouncil meeting for consideration. 1.UNANIMOUSLY RESOLVED to RECOMMEND that: a)Council resolve in terms of section 14 of the local Government: Municipal Finance Management Act, Act 56 of 2003, that the portions of Public Street situated at the corner of Corporation and Mostert Streets, being portions of Erf 4820 and Erven 4821 and 4822 Cape Town in extent measuring approximately 211m², as depicted by the figures ABC curve DEFGHJK on the attached sketch plan STC 2513v1 marked annexure A attached to the report, is not required 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 approve the granting in-principle approval for the alienation of that portions of Public Streets situated at the corner of Corporation and Mostert Streets, being portions of Erf 4820 and Erven 4821 and 4822 Cape Town in extent measuring approximately 211m², as depicted by the figures ABC curve DEFGHJK on the sketch plan STC 2513v1marked annexure A attached to the report, in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations; c)Council approve of the closure of that portions of Public Streets situated at the corner of Corporation and Mostert Streets, being portions of Erf 4820 and Erven 4821 and 4822 Cape Town in extent measuring approximately 211m², as depicted by the figures ABC curve DEFGHJK on the sketch plan STC 2513v1 marked annexure A attached to the report, in terms of section 4 of the City of Cape Town Immovable Property By- Law. 2.UNANIMOUSLY RESOLVED that the recommendations (a), (b), (c) and (d) in 1 above be subject to no objections being received during the re-advertisement period.