NOTICE OF HEARING ON PROPOSED REPAIRS AND/OR IMPROVEMENTS PROPOSED NEW LEVEE DISTRICT HARRISON & POTTAWATTAMIE COUNTIES, IOWA TO: 7 KIN LEGADO LLC; AMBROSE FAMILY LIMITED PARTNERSHIP, ROBERT E & SALLY J; AMBROSE, ROBERT AND SALLY; ANDRES, ANNE M NOLAN; ATWELL, SHANE; AXTELL, ROZANNE M; BROTHERS, DONALD D; CALACCI, BENJAMIN J, LIFE ESTATE; CAMPBELL, RUSS L; COULTHARD, DALE E; CULLEN, WANDA J; FERRARIS, KATHERINE L NOLAN; HARRISON COUNTY SECONDARY ROADS; KENSINGER, MARY FRANCES; KENSINGER, TIMOTHY & FRANCES, TRUST; KENSINGER, TIMOTHY ALLEN; LOUDER, CURTIS; LOUDER, MEGAN; MARTENS, JACK A; MARTENS, JEFFREY L; MARTENS, ROBERT E; MCINTOSH, COREY J; MCINTOSH, LYLE F; MCINTOSH, THOMAS W & LINDA A; NOLAN AMALGAMATED LLC; NOLAN CHILDRENS TRUST; NOLAN, CLEMENCIA F; NOLAN, CONSTANCE J; NOLAN, ELIZABETH A, LIFE ESTATE; NOLAN, ELIZABETH A; NOLAN, JAMES H; NOLAN, PATRICIA; NOLAN, RICHARD JOSEPH; OTTO FAMILY FARMS, LLC; PAPI'S FAMILY FARM I, LLC; PENNYSTREET FARMS, INC; POPSON, TINA; POTTAWATTAMIE COUNTY SECONDARY ROADS; ROCKFORD FARMS INC; SCHEFFEL REVOCABLE TRUST, MELVIN L; SHEA, MARGARET C NOLAN; STATE OF IOWA; SWEENEY FAMILY TRUST, DONNA J; SWEENEY FAMILY, LLC; TURNER, AMY JO; VETH, KERRY E NOLAN; WAGNER, FRANK J & BARBARA M; 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 Proposed New Levee District, Harrison & Pottawattamie Counties, Iowa. YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the Board of Supervisors, acting on behalf of the Proposed New Levee District in Harrison and Pottawattamie Counties, has employed Jonathan P. Rosengren, P.E., Bolton & Menk, Inc. as an engineer to determine the feasibility or the necessity of having repairs and/or improvements, all concerning the drainage facilities of the Proposed New Levee District in order to provide adequate drainage and relief for the lands included in the said Proposed New Levee District. YOU ARE FURTHER NOTIFIED that the Board of Supervisors of Harrison and Pottawattamie Counties requested that said engineer make a preliminary survey and investigation of the possible repairs and/or improvements of the Proposed New Levee District. YOU ARE FURTHER NOTIFIED that the drainage engineer, Jonathan P. Rosengren, has filed his report with the Auditor of Harrison County, Susan Bonham, and Pottawattamie County, Melvyn Houser, in which he recommends certain repairs and/or improvements. That the engineer’s estimate for the costs of the proposed repairs, improvements, and the potential annexation and classification are as follows: The estimated total project costs of the Proposed New Levee District Improvements is $6,429,000.00. The majority of the costs will be covered by State funding. 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 and in the office of the Pottawattamie County Auditor at the Courthouse in Council Bluffs, 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. Electronic copies of the report may be obtained via email by contacting the Harrison County Auditor’s Office at llenz@harrisoncountyia.org or the Pottawattamie Auditor’s office at linda.swolley@pottcounty-ia.gov. Said reports has been reviewed and considered by the Board of Supervisors and they have been tentatively approved as the Board has determined that the repairs and/or 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. Annexation. That at a later date an annexation of additional lands 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 Proposed New Levee District now on file in the office of the Harrison County Auditor and the Pottawattamie County Auditor. YOU ARE FURTHER NOTIFIED that the Board of Supervisors of Harrison County and Pottawattamie County, acting on behalf of the Proposed New Levee District have fixed a time and place of hearing on said report and proposed repairs and/or improvements for June 14, 2022 at 10:00 a.m., in the Pottawattamie County Board Room, Pottawattamie County Courthouse, 227 South 6th Street, Council Bluffs, Iowa 51501. At said hearing, the Board of Supervisors shall hear objections to the feasibility of such repairs and/or improvements, and of the Proposed New 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 the Board of Supervisors. This hearing may be continued from time to time without further notice as determined by the 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 OR 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 Supervisors can make a final decision to make repairs and/or improvements, and of the Proposed New Levee District, acquire additional right-of-way, annex additional lands, and reclassify. 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 Proposed New Levee District. Susan Bonham Harrison County Auditor Melvyn Houser Pottawattamie County Auditor MVTN 5-11-22
