Sample Resolution to Transfer a New Personal Property Exemption Certificate

SAMPLE RESOLUTION TRANSFERING A NEW PERSONAL PROPERTY (PA 328) EXEMPTION CERTIFICATE

Minutes of a [regular or special] meeting of the [governing body] of [governmental unit], held on [date], at [place], in [location], at [time].

PRESENT:

ABSENT:

The following preamble and resolution were offered by _________________________ and supported by _____________________.

Resolution [Number] Approving a Transfer of New Personal Property (PA 328) Exemption Certificate [Number] For [Applicant]

WHEREAS, the [governing body] of the [governmental unit] established a [district name and type] on [date] as required under PA 328 of 1998 after a public hearing held on [date]; and

WHEREAS, the [governmental unit] meets the definition of an “Eligible Local Assessing District” under PA 328 of 1998, Section 9(h), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance with PA 346 of 1966, Section 11; and

[NOTE: This statement is only for those governmental units who do not meet “border county” qualifications. If you are a “border county” please remove this statement from the resolution.]

WHEREAS, the [governmental unit] meets the definition of an “Eligible Local Assessing District” under of PA 328 of 1998, Section 9(h), by virtue of being located in a county bordering another state or Canada and by providing the following four services: [list four of the eligible services provided here); and

[NOTE: This statement is only for those governmental units who meet the qualification as being located in a “border county” and providing certain services. If you are not located in a “border county”, please remove this statement from the resolution.]

WHEREAS, [applicant] has filed an application for a transfer of PA 328 Exemption Certificate [number] with respect to [amounts] of new personal property located in or to be located in [eligible district name and type]; and

WHEREAS, the applicant [name] meets the definition of an “Eligible Business” as defined by PA 328 of 1998 and is engaged primarily in [business type] at the location of [facility address]; and

WHEREAS, [applicant] has substantially met all the requirements under Public Act 328 of 1998, as amended, for the transfer of PA 328 Exemption Certificate [number]; and

NOW, THEREFORE, BE IT RESOLVED BY the [governing body] of [governmental unit] that:

1. The application from [applicant] for a transfer of PA 328 Exemption Certificate [number], with respect to new personal property on the following described parcel of real property situated within the [eligible district name and type] to wit: [Legal Description] be and the same is hereby approved.
2. The PA 328 Exemption Certificate when issued shall remain in force for the remaining years approved under PA 328 Exemption certificate [number] with an end date of [MM/DD/YYYY].

AYES:

NAYS:

RESOLUTION DECLARED ADOPTED.

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the [governing body] of [governmental unit], County of [county], Michigan, at a regular meeting held on [date].

________________________
Clerk’s Signature