Subcouncil 19

Resolution detail

RECOMMENDED that, (a) Council resolve that, in terms of section 14 of the Local Government: Municipal Finance Management Act, Act 56 of 2003, a portion of Erf 7000 Fish Hoek, being a portion of a public street, situated at Echo Road, Fish Hoek, in extent approximately 104 m² as shown lettered ABCD on Plan LT 1480v0 (Annexure “A”) not be 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 of the closure of a portion of Erf 7000 Fish Hoek, being a portion of a public street, situated at Echo Road, Fish Hoek, in extent approximately 104 m² as shown hatched and lettered ABCD on plan LT 1480v0, attached as annexure A, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015 (c) Council approve the granting of in-principle approval for the disposal of a portion of Erf 7000 Fish Hoek, being a portion of a public street, situated at Echo Road, Fish Hoek, in extent approximately 104 m², as shown lettered ABCD on Plan LT 1480v0 (Annexure “A”), to Emiforce (Pty) Ltd, or their successor(s) in title, subject inter alia to the following conditions, that: (i) The property be sold at a market-related sale price of R210 000 exclusive of VAT of 14%, being R29 400 (in total R239 400); (ii) The sales price shall escalate at 6% per annum compounded annually commencing from date of valuation (i.e. as from 2017-09-01) until date of registration; (iii) This valuation is to be reviewed if not implemented within 18 months from date of valuation (i.e. by 2019-03-01); (iv) An amount of R1 500 per month with effect from 2017-09-01 be charged in lieu of rental until date of registration of transfer of the subject property into the applicant’s title; the latter rental shall escalate 8,0% per annum; (v) Subject to such further conditions to be imposed by the Director: Property Management in the exercise of her delegated authority; (vi) Subject to compliance with any other statutory requirements; (vii) All costs related to the transaction be borne by the applicant; (viii) The City of Cape Town’s water by-law be adhered to; (ix) Electricity services exist within the area and the following conditions will apply: (aa) Any alteration to services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s costs; (bb) No excavation is to take place on site until the requirements of the Occupational Health and Safety Act, Act 85 of 1993 and Section141(1) of the Municipal Ordinance have been adhered to; (x) Telkom services are known to exist within the vicinity and the following conditions will apply: (aa) It is the responsibility of the Applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan. (bb) It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times. (cc) Telkom`s Wayleave Agreement Ref: LT/3666/GV/07, which already is in applicant’s possession, is to be adhered to.