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Special Rating Area By-law, 2019
- Published in Gauteng Provincial Gazette no. 79 on 22 April 2020
- Commenced on 22 April 2020
- [Up to date as at 9 April 2021]
Establishment of special rating areas
1. DefinitionsIn this By-law words or expressions shall bear the meaning assigned to them and, unless the context otherwise indicates"additional rate" means an additional rate contemplated in sections 19(1)(d) and 22(1)(b) of the Property Rates Act and in section 12(2) of this By-law;"applicant" means any owner who makes an application for the determination of a special rating area in accordance with the provisions of Chapter 1, or if a management body is established in terms of section 10 any reference to "the Applicant" means the management body;"business plan" means a motivation report, implementation plan and term budget as contemplated in section 6;"CFO" means the Chief Financial Officer of the City, or his or her nominee;"City" means the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council."Companies Act" means the Companies Act 71 of 2008, as amended or replaced;"Council" means the Council of the City;"Limited special rating area" means a limited special rating area approved by the Council in terms of section 9;"majority" means the majority of property owners as contemplated in section 22 of the Property Rates Act;"management body" means the management body of a special rating area to be established in accordance with the provisions of section 11;"motivation report" means a motivation report as contemplated in section 6;"owner" has the meaning assigned to it in section 1 of the Property Rates Act;"Policy" means the Policy for the determination of special rating areas, or any other policy adopted by the Council in relation to special rating areas, as in force from time to time;"Property Rates Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004;"rateable property" has the meaning assigned to it in section 1 of the Property Rates Act;"special rating area" means a special rating area approved by the Council in accordance with the provisions of section 22 of the Property Rates Act and section 8 of this By-law;"term budget" means the budget of the management body contemplated in section 6 of this Bylaw.
2. InterpretationIn the event of any conflict with the Special Ratings Area policy the by-law prevails.
3. Determination of special rating areaThe City may by resolution of the Council determine special rating areas in accordance with the provisions of section 22 of the Property Rates Act.
5. Public meetings
6. Business plan
7. Advertising of application and objections
9. Determination of a limited special rating areaIf an application in terms of section 4 is not accompanied by the consent of the majority of the property owners or any other person mandated by the property owner in writing in the proposed special rating area required by section 4(3)(c), but the applicant can demonstrate to the satisfaction of the Council, that -(a)there are such confirmations from owners of rateable properties in a limited geographical area within the proposed special rating area that would meet the requirements of section 4(3)(c) if they were to be applied to that area; and(b)the level of services to be provided will not be reduced and the budget will be reduced accordingly as a result of the provision of those services in the limited area alone, as compared to the provision of those services in the whole of the proposed special rating area, then the Council may, subject to the other requirements of this By-law, determine a limited special rating area.
Special rating areas - structures and finances
10. Commencement with the business planOnce the Council has approved the establishment of the special rating area, the business plan may only be implemented after the management body has been established in accordance with section 11.
11. Establishment, composition, powers and duties of management body
13. The role of the CFOIn addition to the other responsibilities and obligations of the CFO as set out elsewhere in this By-law, the CFO must -(a)establish separate accounting and other record-keeping systems regarding the revenue generated by the additional rate and the improvement and upgrading of the special rating area;(b)monitor compliance with the applicable legislation, including this By-law and the Policy, by -(i)receiving and considering the audited financial statements and reports regarding the carrying out of duties laid out in the business plan;(ii)if he or she elects to do so, nominating representatives to attend and participate but not vote at meetings of the management body as provided for in section 11(5).
Amendment to the business plan and extension of the SRA term
14. Amendment to the business plan
15. Extension of the SRA termA management body must, if it elects to extend the term of the SRA for a further period, on or before 1 September in the year before which the business plan is due to terminate, submit an application to the City for approval of extension of the term of the SRA, provided that-(a)the extension of the SRA term may only be approved by the Council in accordance with the provisions of Chapter 1, with the changes required by the context, and the Council may, for good reason, on written application by the management body, exempt the management body from complying, or condone any non-compliance, with any such provisions;(b)the provisions of section 14 shall apply to any amendment of the business plan which has been extended in terms of this section.
Dissolution of a special rating area
17. Short title and commencement
- Entire By-law
- Chapter 1 – Establishment of special rating areas
- Chapter 2 – Special rating areas - structures and finances
- Chapter 3 – Amendment to the business plan and extension of the SRA term
- Chapter 4 – Dissolution of a special rating area
- Chapter 5 – Miscellaneous provisions
History of this By-law
22 April 2020 this versionPublished in Gauteng Provincial Gazette no. 79By-law commences.