Sample Resolution to Approve an Obsolete Property Rehabilitation Exemption Certificate Application

Minutes of a [regular or special] meeting of the [governing body] of the [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 [resolution number] Approving Obsolete Property Rehabilitation Exemption Certificate Application for [applicant] Located at [address of project]

WHEREAS, pursuant to PA 146 of 2000, the [governmental unit] is a Qualified Local Governmental Unit eligible to establish one or more Obsolete Property Rehabilitation Districts; and

WHEREAS, the [governmental unit] legally established the Obsolete Property Rehabilitation District [district name] on [date], after a public hearing held on [date]; and

WHEREAS, the taxable value of the property proposed to be exempt plus the aggregate taxable value of property already exempt under Public Act 146 of 2000 and under Public Act 198 of 1974 (IFT's) [exceeds or does not exceed] 5% of the total taxable value of the [governmental unit]; and

[Note: This statement is required on every resolution.]

WHEREAS, exceeding 5% will not have the effect of substantially impeding the operation of the Qualified Local Governmental Unit or of impairing the financial soundness of an affected taxing unit; and WHEREAS, the application was approved at a public hearing as provided by section 4(2) of Public Act 146 of 2000 on [date]; and WHEREAS, the [applicant] is not delinquent in any taxes related to the facility; and

[Note: This statement is only required if the value exceeds 5% of the total taxable value of the local government unit.]

WHEREAS, the application was approved for less than 12 years and the following [factors, criteria and objectives, if any] are necessary for extending the exemption; and WHEREAS, the application is for obsolete property as defined in section 2(h) of Public Act 146 of 2000; and

[Note: If an application was approved for 12 years remove this statement. If the application is approved for less than 12 years and you want to offer the option of extending the certificate term in the future you must list the criteria for extending the certificate. If you don’t wish to extend the certificate in the future, state that the certificate will not be extended in place of the criteria statement.]

WHEREAS, the applicant [name] has provided answers to all required questions under the application instructions to the [governmental unit]; and WHEREAS, the [governmental unit] requires that rehabilitation of the facility shall be completed by [date]; and

WHEREAS, the commencement of the rehabilitation of the facility did not occur before the establishment of the Obsolete Property Rehabilitation District; and

WHEREAS, the application relates to a rehabilitation program that when completed constitutes a rehabilitated facility within the meaning of Public Act 146 of 2000 and that is situated within an Obsolete Property Rehabilitation District established in the [governmental unit] eligible under Public Act 146 of 2000 to establish such a district; and

WHEREAS, completion of the rehabilitated facility is calculated to, and will at the time of issuance of the certificate, have the reasonable likelihood to, [increase commercial activity, create employment, retain employment, prevent a loss of employment, revitalize urban areas, or increase the number of residents in the community] in which the facility is situated; and

WHEREAS, the rehabilitation includes improvements aggregating 10% or more of the true cash value of the property at commencement of the rehabilitation as provided by section 2(l) of Public Act 146 of 2000.

NOW, THEREFORE, BE IT RESOLVED by the [governing body] of the [governmental unit]

Be and hereby is granted an Obsolete Property Rehabilitation Exemption for the real property, excluding land, located in Obsolete Property Rehabilitation District [district name] at [project address] for a period of [years] years, beginning December 31, [year STC approves], and ending December 30, [up to twelve years after beginning date], pursuant to the provisions of PA 146 of 2000, as amended.

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 the [governmental unit], County of [county], Michigan at a [regular or special] meeting held on [date].

_______________________________

Clerk