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LEGAL NOTICE OF PUBLIC HEARING TO CONFIRM RESOLUTION CONCERNING DESIGNATION OF ECONOMIC REVITALIZATION AREA: Notice is hereby given that the Common Council of the City of Warsaw (the "Council") passed and adopted Resolution No. 2008-08-02 on August 18,2008, preliminarily designating an area within its jurisdiction an economic revitalization area in accordance with Indiana Law, including without limitation IC 6-1.1-12.1- J Et. Seq. Such area is more particularly described on Exhibit A. Part of the northwest quarter of section 17, township 32 north, range 6 east, 2nd p.m. Kosciusko County, Indiana and being within the corporate boundaries of Warsaw, Indiana more particularly described as follows: Commencing at the northeast corner of lot 13 in Silveus's Sunnyside Subdivision; thence north 2 degrees 22 minutes east, 108.0 feet to a 1/2 inch iron pipe and the point of beginning; thence south 83 degrees 09 minutes west, 62.1 feet to a 1/2 inch iron bar; thence north 3 degrees 34 minutes west, 39.2 feet to a railroad spike; thence south 86 degrees 26 minutes west, 24.7 feet to a 1/2 inch iron bar; thence north 3 degrees 34 minutes west, 2.0 fee to an "X" chiseled in a concrete foundation; thence south 86 degrees 26 minutes west, 31.3 feet to an "X" chiseled in concrete foundation; thence north 3 degrees 34 minutes west, 14.4 feet to a 1/2 inch iron bar; thence south 87 degrees 13 minuets west, 171.6 feet to a 1/2 inch iron pipe; thence north 2 degrees 47 minutes west, 164.2 feet to a 1/2 inch iron pipe set in a ditch; thence north 87 degrees 13 minutes east, 291.02 feet to a 1/2 inch iron pipe on the west right-of-way on State Road 15; thence south 2 degrees 47 minutes east, along said west right-of-way, 216.34 feet to the point of beginning. The Council reviewed the information contained in the 5B-1 form(s) presented by or on behalf of R&B Investors Partnership. The preliminary resolution has been signed and approved by the Council and all other proper authorities. The Council will conduct a hearing to consider a Resolution Confirming the Adoption of a Declaratory Resolution (Preliminary Resolution) Designating Certain Areas within the City of Warsaw, Indiana an Economic Revitalization Area for Real Property Pursuant to Indiana Law, including without limitation IC 6-1.1-12.1-1 Et. Seq. Such hearing shall permit the public to comment favorably or in remonstrance to such resolution, the effect of such resolution, if acted upon favorably, shall be to grant a real property tax abatement for up to ten (10) years to R&B Investors Partnership. Under IND. CODE § 6-1.1-12.1-9.S, subsections (b)( I) and (b)(2), and IND. CODE § 6-1.1-12.1-1 1.3, subsections (a)( 1) through (a)(S), inclusive, the Common Council is empowered to waive various technical nonconformities regarding tax abatement, including but not limited to nonconformities relating to requirements that the ERA be designated and the completed statement of benefits be filed with the Common Council before initiating the subject real estate improvements or other property subject to abatement. The Council shall conduct a hearing to consider waiving any and all nonconformities with Indiana Law in connection with such abatement, including without limitation the timing of the designation of the ERA and tiling and approval of the respective Statements of Benefits. Such hearings shall convene on the 15th day of September, 2008, at 7:00 p.m. at 302 East Market Street; Warsaw, Indiana. After the public has been heard at such hearing, the Council shall vote on the confirmation of the Preliminary Resolution and the making of findings of fact that are required by IND. CODE § 61.1-12.1-4.S(c) to be made before the Common Council can contain the ERA designation and approve the Statement of Benefits and the resulting ERA deductions, to wit: the estimate of the cost of the equipment is reasonable for property of its type; the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of equipment; the estimate of the annual salaries of the individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed project or construction. The actions to be considered at that meeting will include a waiver of any and all clerical errors, technical errors and nonconformities that are waivable under State and local law. The area more specifically described above as set forth in the Preliminary Resolution is to be designated and confirmed at that public hearing as an ERA in accordance with IND. CODE § 6-1.1-12.1-2.S(b). s2,9
