Subcouncil resolution details

Subcouncil 15

Agenda item no

15SUB 10/4/2023

Subject

PROPOSED TRANSFER OF A PRIMARY HEALTH CARE FACILITY TO THE WESTERN CAPE GOVERNMENT: PORTION OF REMAINDER ERF 100010 CAPE TOWN: VANGUARD COMMUNITY HEALTH CENTRE (CHC), BONTEHEUWEL

Meeting date

Wednesday, April 19, 2023

Resolution

Recommend

Date closed

Friday, April 28, 2023

Resolution detail

It was RESOLVED that:

Council resolve in terms of regulation 20(1)(f)(i) of the Municipal Asset Transfer Regulations that a portion of Remainder Erf 100010 Cape Town, shown lettered ABCDEF on plan 130007893v1, marked Annexure A, attached to the report, and in extent approximately 15 820 m², is not required for the provision of any minimum level of basic municipal services and is surplus to the requirements of the Municipality.

That the transfer of a portion of Remainder Erf 100010 Cape Town, shown lettered ABCDEF on plan 130007893v1, marked Annexure A, attached to the report, and in extent approximately 15 820 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 R5 900 000, excluding VAT, be payable, which amount is 25% of the full market value of R23 600 000;

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 September 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 28 February 2026;

Rates and municipal charges, if applicable, be levied.

v)         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; 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.

Once the transfer has taken place the Western Cape Government to submit a maintenance plan to address illegal dumping concerns;

Once the transfer has taken place the Western Cape Government extend the fence to include the whole area shown lettered ABCDEF on plan 130007893v1, attached to the report marked Annexure A

ACTION: SECRETARIAT / P STRUMPHER / L APRIL