Subcouncil resolution details
Subcouncil 15
Agenda item no
15SUB 12/8/2021
Subject
PROPOSED TRANSFER OF PORTION OF CITY LAND BEING PORTION OF ERF 2727 LANGA SITUATED IN ZONE 3, LANGA TO THE WESLEYAN CHURCH
Meeting date
Wednesday, August 25, 2021
Resolution
,Recommend
Date closed
Wednesday, September 01, 2021
Resolution detail
It was RESOLVED that Subcouncil 15 SUPPORTED and RECOMMENDED that:
(a) Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being portion of Erf 2727 Langa, situated in Zone 3, Langa, extent approximately 713 m² as shown cross-hatched and lettered ABCD on Plan STC 3051 attached to the report as Annexure “A”, is not needed 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 grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portion of Erf 2727 Langa, situated in Zone 3, Langa, extent approximately 713 m² as shown cross-hatched and lettered ABCD on Plan STC 3051 attached to the report as Annexure “A”;
(c)Council confirm that when considering the sale of the property at less than market value, as provided for in terms of section 15.3 of Council’s Policy on the Management of Certain of the City of Cape Town’s Immovable Property, that the provisions of Regulation 13(2) of the Municipal Assets Transfer Regulations have been duly taken into consideration;
(d)Any gain or loss incurred by the City in respect of the transfer of assets be included in the adjustment budget, if not budgeted for in the approved annual budget.
(e)The transfer of a portion of Erf 2727, Langa situated at Zone 3, Langa, in extent approximately 713m² as shown cross-hatched and lettered ABCD on Plan STC 3051 attached to the report as Annexure “A” to The Wesleyan Church, or it’s successor(s) in title, be approved, subject to the following conditions, that:
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A purchase price of R62 500.00 excluding VAT be payable;
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The purchase price is to be escalated by 5% per annum compounded annually on a pro-rata basis commencing 6 months from date of valuation from 01 February 2021 until date of registration;
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The valuation is to be reviewed if not implemented within 24 months from date of valuation, i.e. by 31 July 2022;
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The subject property be utilised for religious purposes only and for purposes ancillary thereto, and for no other purpose whatsoever.
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A suitable reversionary clause shall be registered against the title deed of the subject property;
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The property shall in no way be subdivided;
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Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:
aa) that all further statutory and land use requirements be complied with;
bb) that all costs related and incidental to the transaction be borne by the purchaser.
cc) the applicant will be liable for all costs in connection with this transaction i.e. survey, rezoning, transfer and Impact Assessment.