NOTICE OF COMPLETION HEARING C&R DRAINAGE DISTRICT HARRISON AND POTTAWATTAMIE COUNTIES, IOWA TO: Brothers, Donald D; Kensinger, Timothy-Frances Trust; McIntosh, Corey J; Nolan Amalgamated LLC; Otto Family Farms, LLC; Scheffel Revocable Trust, Melvin L.; Wagner, Frank J-M Barbara; State of Iowa; and property owners as shown above, and to all encumbrancers, lienholders, unknown heirs and claimants by will, to all whom it may concern, YOU ARE HEREBY NOTIFIED that the supervising Engineer in charge of the establishment of the C&R Drainage District, Harrison and Pottawattamie Counties, Iowa has filed his report that the contract with the Trustees of C&R Drainage District in Harrison and Pottawattamie Counties, Iowa, have been satisfactorily completed for the Establishment of the C&R Drainage District. Said report is on file in the Auditor’s Office in both Harrison County, Iowa and Pottawattamie County, Iowa and is included with this letter. YOU ARE FURTHER NOTIFIED that the Board of Trustees of the C&R Drainage District, Harrison and Pottawattamie Counties, Iowa, have set the date for hearing on the completion of said contract for January 14, 2025 at 9:00 a.m. Location of the hearing will be at the Pottawattamie County Board of Supervisors Room, Pottawattamie County Courthouse, 227 South 6th Street, Council Bluffs, Iowa 51501. YOU ARE FURTHER NOTIFIED that any interested party having a claim for damages arising out of the construction, including crop damages, shall file said claim with the Auditor’s Office of Pottawattamie County, 227 South 6th Street, Council Bluffs, Iowa 50501, or emailing said claim to Linda.Swolley@pottcounty-ia.gov at or before the time set for hearing on the completion of the contract, which claim shall not include any claim for land taken for right-of-way or for severance of the land. YOU ARE FURTHER NOTIFIED that any interested party in said district or the repairs thereof may file written objections to said report and submit any evidence tending to show why said report should not be accepted. Said written objections must be filed in the office of the Pottawattamie County Auditor at or before the time set for such hearing. YOU ARE FURTHER NOTIFIED that if the Board of Trustees finds that the work under the Establishment of the C&R Drainage District contract has been completed and is accepted, that the Board of Trustees shall compute the balance due the contractor, and if there are no liens on record against such balance, they shall enter an order directing the Pottawattamie County Auditor to draw warrant(s) in favor of said contractor upon the drainage district funds, but that such warrant(s) shall not be delivered until the expiration of thirty (30) days after the acceptance of the work. YOU ARE FURTHER NOTIFIED that all objections to the Engineer’s Report must be in writing and filed with the Pottawattamie County Auditor at or before the time fixed for hearing. Any interested party may be heard in an argument by himself or by counsel. Anyone who fails to object shall be held to have waived all objections and claims for damages. YOU ARE FURTHER NOTIFIED that if you fail to object, the Board of Trustees will make a final decision as to completion of the contract, damages, and other matters before the Board. As a consequence of your failure to object, you lose your right to appeal any final decision within twenty (20) days to the Iowa District Court. This Notice is published and mailed as provided by law at the direction of the Trustees of the C&R Drainage District, Harrison and Pottawattamie Counties, Iowa. MVTN 1-1-25
