The Graphic - Advocate

4 The Graphic-Advocate Legals
September 14, 2011
POLICE
REPORT
Vehicle accident
On Sept. 2 at about 6:30 p.m.,
llison C. Rinard, 16, rural
anson, was driving west on D-26,
pproaching the intersection with
-65, went into the right ditch and
tarted to broadside in the ditch,
truck a fi eld drive, went airborne,
olled at least twice and came
o rest on its wheels, according
o the Calhoun County Sheriff’s
epartment. Rinard was cited for
ailure to maintain control.
Public Notice
Notice of Trustee Election
Twin Lakes Sewer District
Notice is hereby given that in accordance
ith Iowa Code Section 358.9 the Trustees of
he Twin Lakes Sanitary Sewer District have
alled the meeting for the purpose of election
f two successors Trustee’s to serve a three
3) year term commencing January 1, 2012.
aid election shall be held during the Annual
eeting at Woody’s Restaurant at 7:00 p.m.
n September 27, 2011. Each registered
oter residing within the district and personally
resent at such election shall have a right to
ast a ballot.
The Board of Trustees will meet at 6:00
.m. September 27, 2011 for a short monthly
eeting.
erry Staiert, Clerk
win Lakes Sanitary Sewer District
PUBLIC NOTICE
Hoyle Hog Farm Site #2 located in Calhoun
ounty, Iowa, plans to submit a Notice of Intent
o the Iowa Department of Natural Resources to
e covered under the NPDES General Permit
o. 2.
The storm water discharge will be from
onstruction of a confi nement building located
n NE1/4 SE1/4 Section 32 of Reading Township
T86N-R31W) in Calhoun County, Iowa.
Storm water will be discharged from one (1)
oint source. From the construction site storm
ater will travel east, southeast 150’ over the
round to the road ditch at Waukon Avenue,
hence North 2295’ to Reading Creek located in
E1/4 NE1/4 Section 32, T86N R31W Reading
wp. Calhoun County.
Comments may be submitted to the Storm
ater Discharge Coordinator, Iowa Department
f Natural Resources, Environmental Protection
ivision, 502 East 9 th Street, Des Moines, Iowa
0319-0034. The public may review the Notice
f Intent from 8 a.m. to 4:30 p.m., Monday
hrough Friday, at the above address after it has
een received by the Department.
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IN THE MATTER OF THE TRUST:
TRUST NOTICE
VERA MAY IVES
To all persons regarding Vera May Ives,
deceased, who died on or about 10th day of
August, 2011. You are hereby notifi ed that
Terry Watters is the trustee of the Vera May
Ives Trust. That, at this time, no probate
administration is contemplated with regard to
the above-referenced decedent’s estate. Any
action to contest the validity of the trust must be
brought in the District Court of Calhoun County,
Iowa, within the later to occur of sixty (60) days
from the date of second publication of this notice
or thirty (30) days from the date of mailing this
notice to all heirs of the decedent, spouse of
the decedent and benefi ciaries under the trust
whose identities are reasonably ascertainable,
or thereafter be forever barred.
Notice is further given that all persons
indebted to the decedent or the trust are
requested to make immediate payment to the
undersigned trustee and creditors having claims
against the trust must mail them to the trustee
at the address listed below via certifi ed mail,
return receipt requested, and unless so mailed
by the later to occur of sixty (60) days from the
second publication of this notice or thirty (30)
days from the date of mailing this notice (unless
otherwise allowed or paid) a claim is thereafter
forever barred.
Dated this 2nd day of September, 2011.
Vera May Ives Trust
Gregory J. Sextro
Brink & Sextro, P.C.
309 Main Street
Manning, IA 51455
Terry Watters
319 N. Michigan Street
Lake City, Iowa 51449
Date of second publication 21st day of
September, 2011.
CITY OF LAKE CITY
Fund Activity for Month
Ending August 2011
14, 21 adv.
Fund .............................................. Receipts
................................................Expenditures
General Fund................................... $8,260.68
........................................................$43,739.69
Road Use Tax ................................ $17,275.52
........................................................$12,783.59
Employee Benefi t ................................... $0.00
........................................................$12,182.50
Emergency Fund .................................... $0.00
.................................................................$0.00
Local Option Sales Tax .................. $16,141.65
.................................................................$0.00
Library Memorial ..................................... $0.00
.................................................................$0.00
Park Restoration ..................................... $6.66
.................................................................$0.00
Debt Service ........................................... $0.00
.................................................................$0.00
Street Projects ........................................ $0.00
.................................................................$0.00
Pool Project ..................................... $7,908.05
...............................................................$92.95
Perpetual Care ....................................... $0.00
.................................................................$0.00
Water Utility ................................... $18,369.22
........................................................$17,741.49
Sewer Utility................................... $14,913.26
........................................................$10,932.26
Solid Waste Fund .......................... $11,044.78
........................................................$20,537.78
Storm Sewer ....................................... $838.65
.................................................................$0.00
Total ............................................... $94,758.47
...................................................... $118,010.26
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Legal Notice
The Calhoun County Board of Supervisors
will hold their fi rst reading on the following
Ordinance on Tuesday, September 20 th at 10:30
a.m., Boardroom, Courthouse, Rockwell City
ORDINANCE #2011-2
AN ORDINANCE ESTABLISHING THE
COUNTY SUPERVISOR DISTRICTS AND
ELECTION PRECINCTS
BE IT ENACTED by the Board of Supervisors
of Calhoun County, Iowa:
Section1. Purpose: The purpose of this
ordinance is to establish election precincts
and county supervisor districts as the result of
the population changes refl ected by the 2010
federal decennial census, in accordance with
Iowa Code Sections 331.210A and 49.7
Section 2. Boundaries of Election Precincts:
Calhoun County shall have ten (10) election
precincts which boundaries shall be as follows:
Precinct #1: Beginning at the corner of
Marengo Ave. and 160 th St., S to 220 th St., W
to Garber Ave., N to 160 th St., E to point of
beginning. (Including the cities of Jolley and
the portion of the city of Pomeroy within Butler
Township). [Also described as all of Butler
Township (including the cities of Jolley and the
portion of Pomeroy within Butler Township)]
AND beginning at the corner of Garber Ave.
and 160 th St., S to 220 th St., W to Apache Ave.,
N to 160 th St., E to point of beginning. [Also
described as all of Williams Township].
Precinct #2: Beginning at the corner of
Ogden Ave. and 340 th St., S to 400 th St., W to
Dakota Ave., N to 280th St., E to Inwood Ave, S
to 340 th St., E to the point of beginning (Including
the city of Lake City). [Also described as all of
Elm Grove, Jackson and Calhoun Townships
(including the cities of Lake City and Yetter)].
Precinct #3: Beginning at the corner of
Zebulon Ave. and 280 th St., S to 340 th St., W
to Upland Ave., N to 280 th St., E to point of
beginning. (Including the cities of Somers
and Rinard). [Also described as all of Cedar
Township [including the cities of Somers and
Rinard].
Precinct #4: Beginning at the corner of
Upland Ave. and 220 th St., S to 280 th St., W to
Preston Ave., N to 260 th St., W to Ogden Ave.,
N to 220 th St., E to point of beginning. [Also
described as all of Center Township outside
of the corporate limits of the city of Rockwell
City] AND beginning at the corner of Upland
Ave. and 280 th St., S to 340 th St., W to Ogden
Ave., N to 280 th St., E to point of beginning.
[Also described as all of Logan Township] AND
beginning at the corner of Ogden Ave. and 220 th
St., S to 260 th St., W to Norridge Ave., S to 280 th
St., W to Inwood Ave., N to 220 th St., E to point
of beginning. [Also described as all of Twin
Lakes Township outside the corporate limits of
the city of Rockwell City]. AND beginning at the
corner of Inwood Ave. and 220 th St., S to 280 th
St., W to Dakota Ave., N to 220 th St., E to point
of beginning. (Including the city of Lytton within
the limits of Calhoun County) [Also described
as all of Garfi eld Township including the city
of Lytton within the limits of Calhoun County].
AND beginning at the corner of Ogden Ave.
and 280 th St., S to 340 th St., W to Inwood Ave.,
N to 280 th St., E to point of beginning. [Also
described as all of Lake Creek Township].
Precinct #5: Beginning at the corner of
Zebulon Ave. and 220 th St., S to 280 th St., W
to Upland Ave., N to 220 th St., E to point of
beginning. (Including the city of Knierim).
[Also described as all of Greenfi eld Township
including the city of Knierim]. AND beginning at
the corner of Yale Ave., and 180 th St., S to 220 th
St., W to Shelby Ave., N to 190 th St., E to Udall
Ave., N to 180 th St., E to point of beginning.
[Also described as Lincoln 2]
Precinct #6: Beginning at the corner of Yale
Ave. and 160 th St., S to 180 th St., W to Udall
Ave., S to 190 th St., W to Shelby Ave., N to 160 th
St., E to point of beginning (Including the city of
Manson) [Also described as Lincoln 1 (including
the city of Manson)].
Precinct #7: Beginning at the corner of
Zebulon Ave. and 340 th St., S to 400 th St., W
to Upland Ave., N to 340 th St., E to point of
beginning. (Including the city of Farnhamville).
[Also described as all of Reading Township
(including the city of Farnhamville)].
Precinct #8: All of the city of Rockwell City.
Precinct #9: Beginning at the corner of
Shelby Ave. and 160 th St., S to 220 th St., W
to Marengo Ave., N to 160 th St., E to point
of beginning (including the portion of the
city of Pomeroy within Sherman Township)
‘Start �������������������������������������
Somewhere’ with one-kilometer
walk ������������������
on October 7
Statewide ���������������������������������������������������������
walk kicks off Iowa Healthiest State Initiative
From ����������������������������������������
Wellmark Blue Cross and Blue Sheild
�taying � t doesn’t have to be
dif� cult.
That’s the message behind
the Start Somewhere Walk- a
statewide one-kilometer walk
that will kick off the Iowa
Healthiest State Initiative.
The walk will be held on Friday,
October 7, at noon, at locations
around the state.
Communities, schools, businesses,
neighborhoods and
other groups are encouraged
to show their support for the
Healthiest State Initiative by
participating in the walk. Iowans
can participate in the
walk wherever they are –
home, work, school, church –
and commit to making Iowa
the healthiest state in the nation
by “starting somewhere.”
Walking is an easy way to
incorporate natural move-
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CALHOUN
COUNTY
ment into your daily routine.
A brisk walk after dinner, a
stroll through the park, or even
walking the dog are all great
ways to get your blood pumping
and improve your overall
health and well-being.
One kilometer is also not as far
as you might think. One kilometer
is equal to:
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average person walking at a
normal speed
Walking one kilometer is not
enough to change the health
of our state, of course. But it
is a symbolic � rst step on our
journey.
The Healthiest State Initiative
is a privately-led public
initiative focused on making
Iowa the healthiest state in the
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Clayton Garrels
Calhoun County
Farm Bureau
Healthways Well-Being In-
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that comprise our well-being.
The areas include life evaluation,
emotional health, physical
health, healthy behavior, work
environment and basic access.
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Visit www.IowaHealthiest-
State.com for more information
on the Start Somewhere Walk,
including how to pledge, how
� nd a walk in your community,
or how to organize your own
event.
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�������Personal Health Assistant
24/7 ���1-800-724-9122,����
������www.wellmark.com��
Clayton Garrels
712 - 297 - 7574
846 High St.
Rockwell City, Iowa 50579
www.claytongarrels.com
[Also described as all of Sherman Township
(including the portion of the city of Pomeroy
within Sherman Township]
Precinct #10: Beginning at the corner of
Upland Ave. and 340 th St., S to 400 th St., W
to Ogden Ave., N to 340 th St., E to point of
beginning. (Including the city of Lohrville). [Also
described as all of Union Township (including
the city of Lohrville)].
Section 3. Supervisor Districts: The three
Supervisor Districts shall be as follows:
Supervisor District #1 contains voting
precincts: #1, #6, #9
Supervisor District #2 contains voting
precincts: #2, #7, #10
Supervisor District #3 contains voting
precincts: #3, #4, #5, #8
Section 4. Effective Date: This ordinance
shall be effective after its fi nal passage,
approval, and publication as provided by law,
for all elections after January 15, 2012.
When developing Plan 3
Supervisor Districts, the Temporary
County Redistricting Commission
was not to take into consideration
the political affi liation of registered
voters, past election results,
incumbent supervisors addresses, or
any other demographic information
beyond census head counts. The
goal is to get the best plan for the
county.
Calhoun County has a total
population of 9,670 and each district
needs to be within the maximum
allowable variation of 1%. The
populations of the Plan 3 Supervisor
Districts are as follows: District #1
is 3,205, District #2 is 3,238 and
District #3 is 3,227.
In accordance with the standards
set by law to have ideal district
population within the variation,
Lincoln Township will be split into
Lincoln 1 consisting of Sections
1-12 and 17 & 18 (which includes
the City of Manson) to vote at the
Manson Fire Station. Lincoln 2
(consisting of Sections 13-16 & 19-
36) will be joined with Greenfi eld
Township (including the City of
Knierim) to vote at the Knierim City
Hall.
In addition to the districts, the
commission reviewed the precincts
in the county.
Precincts must lie in one legislative
district, be composed of contiguous
territory, must follow the census
block boundaries, and cannot exceed
3,500.
The commission decided to
propose combining the townships of
Calhoun, Jackson, Elm Grove and
the cities of Lake City and Yetter
into one precinct to vote at the Lake
City Community Building. Lake
Creek Township will be combined
with Center, Logan, Twin Lakes, &
Garfi eld Townships and the City of
Lytton within the limits of Calhoun
County to vote at the Courthouse
basement, Northwest room. This
reduces the number of precincts
from eleven to ten.
The plan was presented at a public
hearing held August 23, 2011. Plans
must be approved and submitted to
the Secretary of State by October
15th, and will be effective for
elections after January 15, 2012.
Send Us Your
New Address
Before You Move
Please, So We
Can Send You
Your Subscription!
PROBATE NOTICE
FAYE M. GAFFNEY
THE IOWA DISTRICT COURT
CALHOUN COUNTY
IN THE ESTATE OF
FAYE M. GAFFNEY
Deceased.
Probate No. ESPR501582
NOTICE OF PROBATE OF WILL, OF
APPOINTMENT OF EXECUTOR, AND
NOTICE TO CREDITORS.
To All Persons Interested in the Estate of
Faye M. Gaffney, Deceased, who died on or
about August 18, 2011.
You are hereby notifi ed that on the 23rd day
of August, 2011, The Last Will and Testament
of Faye M. Gaffney, deceased, bearing date
of the 1st day of May, 2008, was admitted to
probate in the above named court and that
Keith Gaffney was appointed executor of the
estate. Any action to set aside the will must
be brought in the district court of said county
within the later to occur of four months from
the date of the second publication of this notice
or one month from the date of mailing of this
notice to all heirs of the decedent and devisees
under the will whose identities are reasonably
ascertainable, or thereafter be forever barred.
Notice is further given that all persons
indebted to the estate are requested to make
immediate payment to the undersigned, and
creditors having claims against the estate
shall fi le them with the clerk of the above
named district court, as provided by law, duly
authenticated, for allowance, and unless so
fi led by the later to occur of four months from
the second publication of this notice or one
month from the date of mailing of this notice
(unless otherwise allowed or paid) a claim is
thereafter forever barred.
Dated this 23rd day of August, 2011
Steven W. Hendricks
Kersten Brownlee Hendricks LLP
805 Central Avenue, Suite 700
Fort Dodge, Iowa 50501
Attorney for Executor
Keith Gaffney
1018 15 th Avenue
Manson, Iowa 50563
Executor of Estate
Date of second publication, 21st day of
September, 2011.
14, 21 adv
PROBATE NOTICE
KATHERINE F. TREMAN
THE IOWA DISTRICT COURT
CALHOUN COUNTY
IN THE ESTATE OF
KATHERINE F. TREMAN
Deceased.
Probate No. ESPR501587
NOTICE OF PROBATE OF WILL, OF
APPOINTMENT OF EXECUTOR, AND
NOTICE TO CREDITORS.
To All Persons Interested in the Estate of
Katherine F. Treman, Deceased, who died on
or about August 25, 2011.
You are hereby notifi ed that on the 7th day of
September, 2011, The Last Will and Testament
of Katherine F. Treman, deceased, bearing
date of the 6 th day of May, 2005, was admitted
to probate in the above named court and that
a Jack R. Gray was appointed executor of the
estate. Any action to set aside the will must
be brought in the district court of said county
within the later to occur of four months from
the date of the second publication of this notice
or one month from the date of mailing of this
notice to all heirs of the decedent and devisees
under the will whose identities are reasonably
ascertainable, or thereafter be forever barred.
Notice is further given that all persons
indebted to the estate are requested to make
immediate payment to the undersigned, and
creditors having claims against the estate
shall fi le them with the clerk of the above
named district court, as provided by law, duly
authenticated, for allowance, and unless so
fi led by the later to occur of four months from
the second publication of this notice or one
month from the date of mailing of this notice
(unless otherwise allowed or paid) a claim is
thereafter forever barred.
Dated this 7th day of September, 2011
Jack R. Gray
Gray & Gidel, Attorneys at Law
423 Court Street, P.O. Box 266
Rockwell City, IA 50579
Attorney for Executor
Jack R. Gray
P.O. Box 266
Rockwell City, IA 50579
Executor of Estate
Date of second publication, 21st day of
September, 2011.
14, 21 adv
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Rockwell City Council Proceedings
September 6, 2011 7:00PM
Mayor Heinlen called the meeting to order
with the following members present: Hepp,
Hendricks, Dawson, Lange and Roller.
Motion by Hepp, second by Dawson,
approving the agenda; unanimous.
Motion by Lange, second by Roller, to
approve the consent agenda of the August 15
meeting minutes, bills as submitted and native
wine permit for Parkside Flowers; unanimous.
This being the time and place, Mayor Heinlen
opened the public hearing for proposed action
on a proposal to enter into a loan agreement for
the purpose of paying the cost of acquiring a fi re
truck. There were no written or oral comments.
Motion by Hendricks, second by Dawson to
close the public hearing, unanimous.
After due consideration and discussion,
motion by Hendricks, second by Dawson
to approve Resolution 11-21 to contract
indebtedness and enter into a General
Obligation Fire Truck Acquisition Loan
agreement in a principal amount not to exceed
$250,000, for the purpose of paying the cost of
acquiring a fi retruck. Ayes - Hepp, Hendricks,
Dawson, Lange and Roller. Nays - none.
Motion by Lange, second by Hendricks
to waive the excess sewer charges for 140
Stewart Street due to watering of lawn because
of waterline repairs; unanimous
Motion by Roller, second by Hendricks to
allow Warner Circle Drive to be closed from
6:00AM – 2:00PM on September 24 for an
auction with permission from all neighbors that
would be affected; unanimous.
Motion by Hepp, second by Lange to allow
Lewis Street from Grant to Elm to be closed for
a block party on September 24 from 5:00PM to
midnight ; unanimous.
Motion by Lange, second by Dawson to allow
Richmond Street to be closed from Fifth and
Sixth for a block party on September 24 from
5:00Pm to Midnight; unanimous.
Brent and Shelly Keiser requested permission
to receive an easement to be able to maintain
and repair a water line and electricity that will
run from their house down the alley in city right
of way between Richmond Street and Court
Street. Motion by Roller, second by Hendricks
to approve the easement; unanimous.
Motion by Roller, second by Hepp to have
the Mayor sign the Airport Terminal Apron Grant
Agreement; unanimous.
Motion by Hepp, second by Lange to have
Ferguson Waterworks send out notices for
meter installation at a cost of $20/meter;
unanimous.
Clerk Smidt told the council that the county
ambulance service gave their 60 day notice on
September 2, 2011 to release them from their
lease for the city emergency services building.
There was discussion over concerns of trees
hanging into streets. Lowell Stoolman will
contact a local business about renting a truck to
potentially trim trees.
Mayor Heinlen called for further business
and, with none, motion by Roller, second by
Hepp to adjourn the meeting at 7:40 PM;
unanimous. Next meeting Monday, September
19 at 7:00 P.M. Warrants 51630 - 51727
Attest: Phil R. Heinlen, Mayor
Kelly Smidt, City Clerk
ACCO, Valve ........................................1057.78
AFLAC, Cancer ......................................514.44
Ag Source Laboratories, Lab Analysis.. 968.82
Allied Insurance, Insurance Premium ...3265.45
Baker & Taylor, Books ............................638.99
Beisser Inc, Bandstand Project ............2407.50
Bomgaars, Tool Boxes ..................................
859.28
Calhoun County Imp, Repair ....................18.75
Calhoun County Reminder, Ads .............190.90
Calhoun County Repub, Refund.............100.00
Calhoun County Treas, Coat/Patch ....14671.99
Carlson Autobody And Re, Repair ..........459.69
Carroll Refuse Service, Collection .......7627.00
Caseys General Stores Inc, Fuel............228.34
Center Point Publishing, Books ..............124.02
Champion Chrysler, Vehicle Repairs ......632.85
City Of Rockwell City, City Repay .............44.70
David Ahlrichs, Custodial Contract .........320.00
Doolittle Oil Co, Aviation Fuel ...............4423.92
Ed Roehr Safety Products, Pd Supplies .135.29
Electronic Engineering, Battery ....................
150.00
EMC Insurance Companies, Premium .2417.47
Equitable Financial Co, Deferred Comp ...80.00
Hepp Service Center Inc, Repairs ........... 23.60
Hovey Construction, Water Proj .........23272.59
IA Offi ce Supply Inc, Offi ce Supplies ......148.80
Iowa League Of Cities, Fy 12 Dues ........818.00
Iowa Rural Water Assn, Fall Conf ...........100.00
IPERS, Ipers .........................................4471.40
Jane Spencer, Cc Deposit Refund ...........50.00
Joes Tire & Auto, Repairs .........................36.00
Joni Hepp, Health Insurance Ded.......... 750.00
Kum & , Fuel ...........................................563.55
Librarians Choice, Childrens Books ....... 211.01
Lifetime, Dvds .........................................212.90
Linda Layman, Cc Deposit Refund ...........50.00
Meyco Pool Repairs, Pool Cover .........2300.00
Michael Todd Co, Gloves ........................223.93
Mid American Publishing , Ad/Publi ........164.22
Mid American Energy, Gas/Electric ......6335.86
MTI Distributing, Repairs ..........................76.28
Municipal Supply Inc, supplies .............1278.00
N.A.F.T.A, Fed/Fica Tax ........................3884.26
North American Salt, Softner Salt .........3323.40
Petty Cash, Postage .................................48.33
Postmaster, Postage/Bills .......................264.88
Recorded Books, LLC, Audi Books ........128.15
Star Energy, Fuel ..................................1514.78
Swanson Hardware, Supplies ................ 311.22
The Penworthy Company, Books ..........136.72
The Travelers-Amd, Workers Comp .....4626.16
Treasurer – State W/H, State Taxes ....1278.00
Treasurer – State (S.T.), Sales Tax.......1469.00
True North Companies, Premiums .....12025.87
Union State Bank, Savings .....................500.00
United Bank Of Iowa, Return Check.......232.78
Us Cellular, Cellular Service .....................89.47
Vernon Manufacturing, Valve ..................417.50
Visions Auto, Vehicle Repair ...................381.70
Webb’s Feed, Lime ...................................35.80
Weiss Plumbing, Repairs .......................190.97
Windstream Iowa Comm, Telephone ...... 116.82
Paid Total .......................................... 113399.13
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