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 1608 Simon’s Town being a portion of public street, situated at Freesia Road, Simon’s Town in extent approximately 2 m² and 22 m² as shown lettered ABC & BDEF on Plan LT 1583v1 (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 the granting of in-principle approval in terms of regulation 5(1)(b)(ii) of the Municpal Asset Transfer Regulations for the transfer of a portion of Erf 1608 Simon’s Town being a portion of a public street, situated at Freesia Road, Simon’s Town, in extent approximately 2 m² and 22 m², as shown lettered ABC & BDEF on Plan LT 1583v1 (Annexure “A”);
 
(c) Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a portion of Erf 1608 Simon’s Town, being a portion of public street, situated at Freesia Road, Simon’s Town, in extent approximately 2 m² and 22 m² as shown hatched and lettered ABC & BDEF on plan LT 1583v1, attached as Annexure “A;”
 
(d) That the transfer of a portion of Erf 1608 Simon’s Town being a portion of a public street, situated at Freesia Road, Simon’s Town, in extent approximately 2 m² and 22 m², as shown lettered ABC & BDEF on Plan LT 1583v1 (Annexure “A”), to Daniel George Dixon and Leslie Hope Dixon, or their successor(s) in title, be approved subject inter alia to the following conditions, that:
 
(i)  The property be sold for the sum of R20 000, exclusive of 15% Vat being R3 000 (in total R23 000) plus costs;
 
(ii) The sales price shall escalate at 5% per annum compounded annually on a pro rata basis commencing 6 months from date of valuation (i.e. as from 2020-11-01) until date of registration;
 
(iii) The market value is to be reassessed if the transaction is not approved by the relevant decision making authority of Council within 24 months from date of valuation (i.e. by 2022-05-01);
 
(iv) Occupational rental: An amount of R100 per month (excluding VAT) shall be payable from 2020-11-01, escalating at 6% per annum, until date of registration.
 
(v) Subject to such further conditions to be imposed by the Director: Property Management in the exercise of her delegated authority; including inter alia the following:
 
aa) Subject to compliance with any other statutory requirements;
 
bb) All costs related to the transaction be borne by the applicants;
 
cc) Adherence to the requirements of the City of Cape Town’s water bylaw, with reference to:
 

• Clause 9; 10; 11; 13; 19; 23, 24; 25; 28;
• Schedule 1,

 
dd) Any alterations or deviations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost.
 
ee) Electrical infrastructure may exist on the property or in its vicinity. A wayleave shall be obtained from the Electrical Generation and Distribution Department before any excavation work may commence.