Subcouncil 16

Resolution detail

The Subcouncil Manager, Mr Marius Coetsee informed the meeting that he was advised via email by Mr Saul Jacobs that Legal Services endorsed this item as non-compliant, because the public participation process did not run for the full thirty (30) days as required in terms of Section 4 of the COCT: Immovable Property By-Law. The advertising period was mistakenly closed on the Friday prior to the thirty (30) day cut-off date. To remedy this legal technicality, the proposal was re-advertised on 17 November 2017. The Subcouncil is requested to support the recommendations, subject to the condition that should there be any/further comments/objections received during the re-run of the public participation process, the application will be resubmitted to the next Subcouncil meeting for consideration. Mr Saul Jacobs represented the Property Department. 1.UNANIMOUSLY RESOLVED to RECOMMEND that: a)The objections not be upheld. b)In terms of section 14 of the local Government: Municipal Finance Management Act, Act 56 of 2003, that a portion of Erf 24 Camps Bay (Public Street) situated on the corner of Ronald and Upper Trees Road, Camps Bay in extent approximately 204m² shown hatched and lettered ABCDEFG on the sketch STC 2835 marked annexure A attached to the report, is not 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. c)Council approve the granting of in-principle approval for disposal of portion of Erf 24 Camps Bay (Public Street) situated on the corner of Ronald and Upper Trees Roads, Camps Bay, in extent approximately 204m² shown hatched and lettered ABCDEFG on the sketch STC 2835 marked annexure A attached to the report, in terms of regulation 5(1) (b)(ii) of the Municipal Asset Transfer Regulations. d)Council approve the closure of portion of Erf 24 Camps Bay (Public Street) situated on the corner of Ronald and Upper Trees Roads, Camps Bay, shown hatched and lettered ABCDEFG in extent approximately 204m², on the sketch STC 2835 marked annexure A attached to the report, in terms of section 4 of the City of Cape Town Immovable Property By – law, 2015. 2.UNANIMOUSLY RESOLVED that the recommendations (a), (b), (c) and (d) in 1 above are subject to no objections being received during the re-advertisement period.