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I4OO COUNTY-CITY T3UII.DING <br />SOUTH BEND,INDIANA 46601-1830 <br />PHONE 574/ 235-9241 <br />Fnx 574/235-9892 <br />TDD 574/ 235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF I ,AW <br />CHARLES S. LEONE AL<wEnN M. DEROSE <br />CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY <br />May 19, 2004 <br />Ms. Karen White, President <br />South Bend Common Council <br />4`h Floor County-City Building <br />South Bend, IN 46601 <br />Re: Bill 30-04 - Alway Development Corporation Annexation Substitute Version <br />Dear Ms. White: <br />Attached for filing with the South Bend Common Council is a substitute version of Bill <br />30-04 for annexation of land owned by Alway Development Corporation. Also enclosed are the <br />following related documents: <br />1. Withdrawal of Owner's Voluntary Petition for Annexation; and <br />2. Owner's Consent to Annexation by the City <br />The foregoing documents as a whole show that the owner is withdrawing its voluntary <br />petition for annexation but that it consents to the City's pursuit of annexation on an involuntary <br />basis. The City has agreed to grant homeowners of this development project aphase-in of their <br />property taxes pursuant to Indiana Code § 36-4-3-8.5 in consideration for the owner's consent to <br />the City-initiated annexation. <br />The substitute version of Bi1130-04 amends the Statement of Purpose and Intent of the <br />original Bill to eliminate the reference to a "voluntary" annexation and it includes a new Section <br />IV which provides for property tax abatement as authorized by state law. It also provides for an <br />effective date 60 days after enactment rather than the 30 days applicable to a voluntary <br />annexation. <br />Please note that when the City initiates annexation, a Petition is not required by state law. <br />A city initiated annexation is commenced "by ordinance" (I.C. 36-4-3-3) and any property tax <br />abatement to owners in the annexation area must be included in the ordinance (I.C. 36-4-3- <br />8.5(a)). <br />Larry Magliozzi will make the presentation of this substitute ordinance to the Council's <br />THOMAS L, BODNAR CHERYL A. GREENE ANN-CAROL NASH <br />JEFFREY M. JANKOWSKI JOHN R. LMNGSTON ROBERT C. ROSENFELD ,JOHN E. BRODEN <br />