NOTICE OF HEARING ON PROPOSED DISTRICT IMPROVEMENTS AND ESTABLISHMENT NEW LEVEE DISTRICT HARRISON AND POTTAWATTAMIE COUNTY, IOWA TO: CALACCI, BENJAMIN J LIFE ESTATE; CAMPBELL, ABIGAIL; CAMPBELL, CONSTANCE; CAMPBELL, CONSTANCE M; CAMPBELL, CONSTANCE MAE; CLEVELAND, BEVERLY B; COLLINS, LARRY LIFE ESTATE; CRISPIN, CONNIE D; DANKER, RICHARD G TRUST; FOX, WILLIAM E-BONNIE O; FULTON, BETTE J TRUST; GINGERICH, KYLE M-KAREN L; HONEYLAND FARMS TRUST; HOYT, DANIEL M-DALE ANN; IOWA STATE CONSERVATION COMM; KENSINGER, TIMOTHY-FRANCES TRUST; LEADERS, JOY A; MAASKE FARMS LLC; MARTENS, ROBERT E; MCINTOSH, COREY J; MCINTOSH, LYLE F; MCINTOSH, THOMAS W; MCINTOSH, THOMAS W-LINDA A; MEADE BROTHERS LLC; NOLAN AMALGAMATED LLC; NOLAN, CLEMENCIA F; NOLAN, ELIZABETH A; OTTO FAMILY FARMS LLC; PENNY STREET FARMS INC; POTTAWATTAMIE COUNTY; ROCKFORD FARMS INC; SOUTHERLAND, ROBERT C-RACHAEL L; STEVENS, TRAVIS L; STUART, MARK-CASSIDY TRUST; THOMPSON, PATRICIA A; T-S FARMS INC; WAGNER, FRANK J-M BARBARA; WILKINS, GREGORY-BRENDA TRUST; WRIGHT, JOHN R; WRIGHT, SCOTT ALAN; HEARTLAND PROPERTY COOP; BROTHERS, DONALD D; JONES, EDWARD L JR; PAPI'S FAMILY FARM I, LLC; FOREMAN, STEVEN D FOREMAN, CAROL; PENNYSTREET FARMS, INC; BEEBE, KENT BEEBE, JEANETTE; BROTHERS, DONALD D SHORES, ROXANNE BROTHERS, TODD R BEISHEIM, KIMBERLY K; SMITH, ROGER J SMITH, CONNIE J; BARB'S 5, LLC; ATWELL, SHANE; EBERT, CATHLEEN ANNE EBERT, FRED HENRY; OTTO FAMILY FARMS, LLC; MARTENS, ROBERT E & CHERYL L MARTENS, JACK A & JOAN; GORDON FAMILY FARMS LLC; SWEENEY FAMILY TRUST, DONNA J; MAASKE FARMS, LLC; SJP FARMS, LLC; BERTELSON, ELOISE BERTELSON, KIM BERTELSON, AMY BERTELSON, TAMMIE; BERTELSON, TERESA; FREESE, DEAN E; SWAN FAMILY FARMS, LLC; HAYSLIP, JENNIFER L; CHRISTENSEN TRUST, GERALD R; COULTHARD, DALE E; CHRISTENSEN FAMILY CREDIT SHELTER TRUST, GERALD LAURIE ELLEN CHRISTENSEN, TRUSTEE; BERTELSON, ELOISE BERTELSON, KIM BERTELSON, AMY BERTELSON, TERESA BERTELSON, TAMMIE; SWEENEY FAMILY, LLC; UNION PACIFIC RAILROAD PROPERTY TAX DEPARTMENT; C W KELLOGG FARMS, LC C/O HOFMEISTER ACCOUNTING; DOTY REVOCABLE TRUST, JOHN; KIRK REVOCABLE LIVING TRUST, MARY LOU; HONEYLAND FARMS REVOCABLE TRUST; AMBROSE FAM LIM PARTNERSHIP, ROBERT E &SALLY J C/O BOB AND SALLY AMBROSE; DANKER REVOCABLE TRUST, JIMMIE LEE SJP FARMS, LLC; VOLZ, RICKY C VOLZ, CONNIE; HUNT REVOCABLE TRUST, SUSAN CANDACE FAMILY TRUST U/T/A, JOHN M HUNT JR; SCHEFFEL REVOCABLE TRUST, MELVIN L.; CALLAGHAN, CATHIE; LOUDER, CURTIS LOUDER, MEGAN; JENSEN, CHRISTOPHE; JENSEN, CASSANDRA; TURNER, AMY JO; BROTHERS, DONALD DEAN; CULLEN, WANDA J CAMPBELL, RUSS L; AGRILAND FS, INC; MERRIMAN, ROGER P. MERRIMAN, SALLY D.; STATE OF IOWA; STATE OF IOWA IDOT PROPERTY MANAGEMENT SUPERVISOR; HARRISON COUNTY ROADS, property owners as shown above, encumbrancers, lienholders, unknown heirs and claimants by will, to all whom it may concern, including the actual occupants of the land, or tract of land, described in and including The New Levee District in Harrison and Pottawattamie County, Iowa. YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the Board of Supervisors of Harrison and Pottawattamie County, Iowa, acting as trustees on behalf of The New Levee District of said counties has employed Jonathan P. Rosengren, P.E., Bolton & Menk, Inc. as an engineer to determine the feasibility or the necessity of establishing and constructing improvements, all concerning the drainage facilities of The New Levee District in order to provide protection for the lands included in said New Levee District. YOU ARE FURTHER NOTIFIED that the Board of Supervisors of Harrison and Pottawattamie Counties acting as Trustees have requested that said engineer make a preliminary survey and investigation of the establishment and, constructing improvements of The New Levee District. YOU ARE FURTHER NOTIFIED that drainage engineer Jonathan P. Rosengren P.E., has filed his report with the Auditor of Harrison County in which he recommends certain establishment, and/or improvements. That the engineer’s estimate for the costs of the proposed improvements, and potential annexation and reclassification are as follows: Total estimated cost of the proposed improvement is $6,428,982, with the State of Iowa providing the funding for said project. YOU ARE FURTHER NOTIFIED that this report and recommendations in full are on file in the office of the Harrison County Auditor at the Courthouse in Logan, Iowa, for your information and you are encouraged to obtain a copy and review the same prior to the date set for hearing in this notice. Said reports have been reviewed and considered by the Board of Supervisors acting as Trustees and they have been tentatively approved as the board has determined that the establishment and improvements are necessary and feasible. The engineer reports also contained the following recommendations and proposals: 1. Right of Way. The report recommends the consideration by the board of the acquisition of additional right of way for this project which will be considered at this hearing or a continuation thereof. 2. Bid Letting. That at a later date a bid letting of any proposed improvements will be considered by the board. 3. Classification. That at a later date the board will consider classification with appropriate adjustment of assessments. 4. Interest Rate and Waivers. The board will also consider the appropriate interest to charge on stamped warrants and determine the length of time that assessments may be paid of not less than ten (10) nor more than twenty (20) years. For further particulars you are referred to the engineer’s reports for the new levee district now on file in the office of the Harrison County Auditor. YOU ARE FURTHER NOTIFIED that the Board of Supervisors of Harrison and Pottawattamie Counties, acting on behalf of The New Levee District has fixed a time and place of hearing on said report and proposed establishment and improvements for 11:00 A.M., November 17th, 2022, at the Rand Community Center, 100 S 4th St, Missouri Valley, IA 51555. At said hearing the Board of Supervisors acting as District Trustees shall hear objections to the feasibility of improvements of the levee district as may be presented by and for any landowner in the district. The report of the engineer as filed herein may be amended before final action is taken thereon by this Board of Supervisors. This hearing may be continued from time to time without further notice as determined by this Board of Supervisors. YOU ARE FURTHER NOTIFIED THAT ALL OBJECTIONS TO THE ENGINEER’S REPORT OR TO ANY MATTER CONNECTED WITH THIS HEARING MUST BE IN WRITING AND FILED WITH THE HARRISON 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 Supervisors acting as Trustees can make a final decision to make improvements of The New Levee District, acquire additional right of way, set a bid letting date and classify. As a consequence of your failure to object you lose your right to appeal the 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 Board of Supervisors of Harrison and Pottawattamie Counties, Iowa, acting on behalf of The New Levee District. Susan Bonham Harrison County Auditor MVTN 10-26-22
