Hearing on Annexation for Drainage District No. 38 Joint O’Brien & Osceola County

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TO: Allen R & Penny J Brockshus Joint Revocable Trust; Robert G. Damman; Noelan N & Angela M Dather; Janeen & Burneil M Johnson; Kyle C. Johnson; Jeffrey M Johnson; Merle R Johnson; Lorch Pork; Kristine K Sorensen Rev. Trust; Jeff & Lisa VanBeek, Helen J VanTol Rev. Trust; VB Farms Inc; Christopher M & Katie Wolters & O’Brien County owners owning lands described below which are the subject matter of this annexation procedure, lien holders of record, and actual occupants of said lands and to all other persons whom it may concern.

YOU AND EACH OF YOU ARE HEARBY NOTIFIED that the Board of Supervisors, Osceola County, Iowa, acting in behalf of Drainage District No. 38 located in Osceola County and O’Brien County, Iowa, have adopted a Resolution of Necessity for the annexation of additional lands to Drainage District No. 38 as provided by law.

YOU ARE FURTHER NOTIFIED that the Board of Supervisors have appointed Ivan Droessler a qualified engineer, to examine such additional lands, to make a survey and plat thereof showing the relation, elevation and condition of drainage with reference to Drainage District No. 38 and to make and file with the County Auditor a report as provided by law. Said report to specify the character of benefits received.

YOU ARE FURTHER NOTIFIED that said report has been filed with the County Auditor of Osceola County, Iowa, and the Board of Supervisors have set the time and place of hearing on said report for February 7, 2023 at 1:00 p.m. at the Melvin American Legion Building in Melvin, Iowa. At said hearing the Board of Supervisors shall consider such report, plats and profiles and if satisfied that any of such lands are materially benefited by the district and that such annexation is feasible, expedient, and for the public good, it shall proceed to annex said lands to Drainage District No. 38 as provided by law.

YOU ARE FURTHER NOTIFIED that all objections to the proposed annexation of said lands and any claim for damages must be in writing and filed with the County Auditor of Osceola County at or before the time set for hearing.

YOU ARE FURTHER NOTIFIED that at such hearing, the Board may hear evidence both for and against the approval of the report or any portion thereof, but it shall not be competent to show that any of the land in the district assessed for benefits will not be benefited by such repairs or improvements to some degree. Any interested party may be heard in argument by themself or counsel.

YOU ARE FURTHER NOTIFIED that any person, company, corporation, or other owner of property failing to file objections prior to, or at the time of said hearing, shall be held to have waived all objections.  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 Osceola County, Iowa, acting as Trustees of Drainage District No. 38.

At the time fixed for hearing, the Board shall examine said report, and may hear evidence thereon, both for and against the annexation of said lands to said district.

For further particulars you are referred to the Engineer’s Report of Annexation which is on file at and viewable at the County Auditor’s Office of Osceola County, Iowa. The report can be viewed online on Osceola County’s website at www.osceolacountyia.gov and O’Brien County’s website at www.obriencounty.iowa.gov. Electronic copies may also be obtained via email by contacting the Osceola County Auditor’s office at rvantilburg@osceolacoia.org or the O’Brien County Auditor’s office at brohwer@obriencounty.iowa.gov.

Dated this 9th day of January, 2023, at Sibley, Iowa.

By order of the Board of Supervisors of Osceola County, Iowa.

Rochelle Van Tilburg

Osceola County Auditor

Barb Rohwer

O’Brien County Auditor