Subcouncil resolution details
Subcouncil 10
Agenda item no
10SUB 11/8/2021
Subject
PROPOSED TRANSFER OF ERF 767 KHAYELITSHA: MAKHAZA REFORMED BAPTIST CHURCH
Meeting date
Monday, August 23, 2021
Resolution
Approved
Date closed
Tuesday, September 07, 2021
Resolution detail
That Subcouncil SUPPORT the proposed transfer of erf 767 Khayelitsha: Makhaza reformed Baptist Church
It is recommended that:
a) Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Ac 56 of 2003, the subject property, being Erf767, situated on Silumko Street, Khayelitsha, in extent 2045 m2 as lettered ABCDEFGH on plan ET 324/1 (annexure A), is not needed to provide the minimum level of basic municipal services and has considered the fair market value of the asset;
b) Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of Erf 767, situated on Silumko Street, Khayelitsha, in extent 2045 m2 as lettered ABCDEFGH on planet 324/1 (annexure A);
c) The transfer of Erf 767 Khayelitsha, in extent 2045 m2 as lettered ABCDEFGH on plan ET 324/1 (annexure A) to Makhaza Reformed Baptist Church of their successor(s) in title, be approved, subject to the following conditions, that:
(i) A purchase price of R97 500 being 25% of market value excluding VAT be payable;
(ii) The purchase price is to be escalated by 5% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. from 01.02.2021, until date of registration;
(iii) The valuation is to be reviewed if not implemented within 24 months from date of valuation, i.e. by 31.07.2022;
(iv) Rates and municipal charges, if applicable, be levied;
(v) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following that:
aa) all further statutory and land requirements be complied with;
bb) all costs related and incidental to the transaction be borne by the purchaser;
cc) the sale be subject to a suitable reversionary clause limiting the use of the subject property to Community / Social Care use; the restriction is be registered against title deed of the subject property;
d) It be confirmed that, when considering the alienation of the land at less than market value, as provided for in terms of clause 15.3 of Council’s Policy on the Management of Certain of the City of Cape Town’s Immovable Property, the contents of Regulation 13(2) of MATR has been duly taken into consideration;
e) The Boundary Walls and Fences Policy applies, which requires that 40% of the surface area of a street boundary wall must be virtually permeable. The rezoning of the property from a community / institution use should not be allowed – strictly prohibited;
f) No structures be constructed over any municipal services and that a servitude with a minimum width of 3.0m be registered over such service. |
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Action: A Klue; S Makhuleni |
