Subcouncil 12

Resolution detail

Subcouncil 12 RESOLVED : To recommend that the lease of a portion of public street ,being a portion of Erf 6016 Mitchells Plain situated between Eloff Street and Mayfair Close, shown hatched and lettered ABCDEF on the attached plan LT 1264v1 marked Annexure A, in extent approximately 38m2, to Henry Peter Isaacs and Jennifer Ann Isaacs, owners of Erf 6015 or their successors in title, be APPROVED subject to inter alia the following conditions, that: a) A tariff rental of R418.26 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable; b) The lease will endure for a period of ten years with an option to renew for a further ten years; c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; d) The property be used for security purposes only and no structures other than the existing structures will be permitted within the lease area; e) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; f) Subject to compliance with any other statutory requirements; g) Electricity services exist within the lease area and the City of Cape Town has the right to construct and/or erect and lay such poles,stays,cables,wires or appurtenances relating thereto as may be necessary, together with the right to use,inspect,maintain,repair,alter relay and/or remove all such poles,stays,cables,wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and t carry out excavations; h) The City of Cape Town has the right for any employee or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights; i) No building, containers or structure shall be erected within 3m of the services; j) No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity Services via way-leave approval process. All excavations within 3m of the Electrical Services must be carried out under the direction of a representative of the Electricity Department. In this regard, please contact the Electricity Directorate two weeks before the commencement of work; k) No stakes, pegs or pins shall be driven into the ground within 1m of any part of the electricity services; l) No plant or material shall be stored within 1m of any part of the electricity services; m) No mechanical plant may be used within 3m of medium voltage cable or 5m of high voltage cable; n) The area applied for must exclude the Electricity Department's Pillar Box. The area may be enclosed on both sides and the erection of the gates must conform to the requirements and specifications and carried out under the direct supervision of the Electricity Department's staff; o) Access into the area shall be available 24 hours a day to the personnel of the Water and Sanitation Department; p) The access control system shall be uncomplicated and to the satisfaction of the Water and Sanitation personnel, together with all vehiculars and plant as may be required. In addition to vehicular access gates pedestrian gates incorporating water pattern padlocks may be required; q) Where gates are fitted with padlocks the Water padlocking system shall be installed at the applicants/owners/residents cost; r) Notwithstanding the aforementioned, neither the Water and Sanitation Department nor the Council will be liable for any damages or loss if any lock or gate has been forced or broken in order to gain access to attend to the burst mains, blocked sewers or other emergencies such as inspections that must be carried out, meters that must be read, or any other cause outside the control of Council; s) The applicants/owners/residents shall bear the cost of the installation of repositioning of any valve, hydrant, meter or other fitting and all protective measures to the water installation that may be necessitated by the lease/ (purchase and servitude) of land, or closure of a public street; t) The ground surface over a water or sewer main shall not be altered in any way except with prior approval of the Water and Sanitation Department; u) No trees shall be planted within 3 meters of the water and sewer mains; v) The lease/ ( purchase and servitude)/closure shall be subject to the further approval of the Chief Fire Officer and all conditions imposed by him; w) Details of the final proposal shall be submitted to the Water and Sanitation Department for approval prior to closure being affected; x) The applicant shall advise the District Manager of Reticulation in writing not less than 14 days before the area is closed off; y) A 100mm diameter water main crosses the area in question (the approximate position is shown on the attached sketch ) and no excavation or filling shall be carried out within the area without prior written consent of Council; z) The Council shall have the right of access at all times for the purpose of maintaining and repairing the water main; aa) The premises must comply with (NBR) and By-law relating to community Fire safety and other applicable legislation; bb) No compensation will be payable for any improvement made to the property; cc) All outstanding accounts with the City of Cape Town must be settled.