Subcouncil resolution details

Subcouncil 21

Agenda item no

21SUB 31/8/2022

Subject

PROPOSED TRANSFER OF ERF 39574 BELLVILLE: MYOLISI NONGQAYIP PROPOSED CLOSURE OF PUBLIC PLACE, ERF 39574 BELLVILLE

Meeting date

Wednesday, August 24, 2022

Resolution

Recommend

Date closed

Friday, September 02, 2022

Resolution detail

RESOLVED

Subcouncil 21 supports the recommendation.

It is recommended that:

Council resolve that, in terms of section of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being erf 39574, Bellville situated off Kappertjie Street, Sarepta in extent 257 m² as shown cross-hatched and lettered ABCDE on plan ET 799 (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;

Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer of erf 39574, Bellville situated of Kappertjie Street, Sarepta, in extent 257 m² as shown cross-hatched and lettered ABCDE on plan ET 799 (Annexure A);

Council, in terms of section 4 of the City of Cape Town Immovable Property Bylaw, 2015, approve the closure of the subject property being a portion of a public place, being erf 39574, in extent 257 m² as shown cross-hatched and lettered ABCDE on plan ET Plan 799 (Annexure A);

The transfer of erf 39574, Bellville in extent 257 m² as shown cross-hatched as shown cross-hatched and lettered ABCDE on plan ET Plan 799 (Annexure A); to Myolisi Nongqayi or his/her/its successor(s) in title, be approved, subject to the following conditions, that:

A purchase of R180 000.00 excluding VAT be payable;

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, i.e. from 2023-01-01, until date of registration;

The market value is to be reassessed if the transaction is not approved by the relevant decision making authority of Council within 36 months from date of valuation (i.e. by 2025-06-30);

Rates and municipal charges, if applicable, be levied;

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 the subject property, erf 39574 Bellville be consolidated with
          the purchaser’s erf 39573 Bellville;

cc)     that a service servitude be registered over the underground
          municipal services traversing the subject property;

dd)    that all costs related and incidental to the transaction be borne by
         the purchaser.he

Action: Anneke Klue / Janine Cornelius