LegalsThursday, August 20, 2020 West Branch Times

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SEE LEGALS, P7

Legal NoticeE-FILED 2020 JUN 01 3:27 PM JOHN-SON - CLERK OF DISTRICT COURTSmall Claims Form 3.1: Original Notice and Petition for a Money JudgmentIn the Iowa District Court for Johnson CountyOriginal Notice and Petition for a Money JudgmentPlaintiff(s)Gateway Commercial Condominium Owners Association4914 Dolphin Drive SE, Iowa City, IA 52240VS.Defendant(s)Deena Nelson74 Julia Ann Drive NE, Cedar Rapids, IA 52405Thomas John Pagels203 E. Green Street, West Branch, IA 52358 and 12217 County Road X37, Columbus Junction, IA 52738-9193If you need assistance to participate in court due to a disability, call the disability coordinator (information at https://www.iowacourts.gov/for-the-public/ada/). Per-sons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot pro-vide legal advice.To Defendant(s):1. You are notified that Plaintiff(s) demand(s) from you the amount of $ 1311.34 plus court costs based on (state briefly the basis for the demand, not to exceed $6500):Unpaid condominium assessments. See Exhibit “A” attached hereto; plus addi-tional amount for Plaintiff’s attorney fees at authorized by the Gateway Commer-cial Condominium Owners Association Documents.2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount requested plus interest and court costs.

3. You must electronically file the Appear-ance and Answer using the Iowa Judicial Branch Electronic Document Manage-ment System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from electronic filing requirements.4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter.5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appear-ance and Answer to Plaintiff(s).6. You must also notify the clerk’s office of any address change. Continued on next pageSmall Claims Form 3.1, page 1 of 3**Upon electronic filing, a clerk’s signature page will be attached to this document as page 3.E-FILED 2020 JUN 01 3:27 PM JOHN-SON - CLERK OF DISTRICT COURT/s/ David J. BrightFiling Plaintiff or AttorneyPugh Hagan Prahm PLCLaw firm, or entity for which filing is made, if applicable 425 E. Oakdale Boulevard Suite 201, Coralville, IA 52241Mailing address 319) 351 2028Telephone number dbright@pughhagan.comEmail address Additional email address, if applicableSecond Plaintiff, if applicableLaw firm, or entity for which filing is made, if applicableMailing addressTelephone numberEmail addressAdditional email address, if applicableSmall Claims Form 3.1, page 2 of 3*

*Upon electronic filing, a clerk’s signature page will be attached to this document as page 3.STATE OF IOWA JUDICIARYCase No. SCSC097782County JohnsonCase Title GATEWAY COMMERCIAL CONDO OWNERS V. PAGELS ET ALTHIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an exemption from the court, you must file your Appearance and Answer electronically.You must register through the Iowa Judi-cial Branch website at http://www.iowa-courts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.FOR GENERAL RULES AND INFORMA-TION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAP-TER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MAN-AGEMENT SYSTEM: http://www.iowa-courts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/EfileScheduled Hearing:If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your districtADA coordinator at 319-398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) Date Issued 06/01/2020 04:25:55 PM

District Clerk of Johnson County/s/ Grant Cornick

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E-FILED 2020 JUN 01 3:27 PM JOHNSON - CLERK OF DISTRICT COURT

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Legal NoticeIN THE IOWA DISTRICT COURT IN

AND FOR JOHNSON COUNTYCase No. SCSC095326

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR

GATEWAY COMMERCIAL CONDO OWNERS ASSOCIATION,

Plaintiff (s),VS.

DEENA NELSON THOMAS JOHN PAGELS,

Defendant (s).Before the Court is Plaintiff’s Motion for Examination of Debtors. Having reviewed the file and being apprised in the prem-ises, the Court finds that the Motion should be GRANTED for the reasons set forth therein.

It is therefore ORDERED that Defen-dants/Judgment Debtors Deena Nelson and Thomas John Pagels, appear for examination, under oath and pursuant to Iowa Code § 630.1 at the Johnson County Courthouse on Wednesday July 15, 2020 at 1:00pm.It is further ORDERED that Defendants/Judgment Debtors produce at time of examination complete financial state-ments accompanied by all financial records evidencing their assets and indebtedness, including:• current statements for all accounts held with financial institutions, whether banks, credit card companies, investment banks or brokerages;• complete statements for all retirement accounts, if any;

• complete statements for all investments, including stocks, bonds orotherwise;• a complete set of all state and fed-eral tax returns and tax records from 2015-present;• all deeds, mortgages and other docu-ments evidencing any interests in real property, wherever located, for the past 5 years;• all promissory notes or other instru-ments by which either Judgment Debtor is or was borrower, lender, or guarantor, for the past 5 years;{00326459}E-FILED 2020 MAY 24 10:54 AM JOHN-SON - CLERK OF DISTRICT COURT• all certificates of title or other instru-ments evidencing either Judgment Debtor’s interest in or ownership of any automobiles, watercraft, aircraft or other vehicles;• a complete accounting of all other items of personal property owned by or in which either Judgment Debtor has or has had a property interest in the past 5 years, for items valued in excess of $100, including but not limited to all tools, appliances, construction equipment, computers, per-sonal electronic devices, works of art,

jewelry or otherwise;• a complete list of all entities in which either Judgment Debtor has an economic interest or has had an economic inter-est in the past 5 years, together with a complete set of organizational documents and financial records for each such entity for the past 5 years, including but not limited to: Operating Agreements, Articles of Incorporation, By-Laws, complete lists of all members and officers of each such entity, and complete lists of all assets owned and obligations owed by each such entity; and• A complete list of all sources of income for each Judgment Debtor for the past five years.The Plaintiff is to arrange for service of the above Order in the same manner as that of an Original Notice, no later than 15 days prior to the date scheduled for examination. If the Plaintiff is unable to obtain service as required, or if either party desires a continuance of this matter to a different date and time, application must be made to this Court no later than the date scheduled for the examination, so that this Order may be modified and the matter immediately rescheduled for hearing.

David J. Bright #AT0001076Pugh Hagan Prahm, PLC

425 E Oakdale Boulevard, Suite 201 Coralville, IA, 52241

{00326459}State of Iowa CourtsType: OTHER ORDERCase NumberSCSC095326Case TitleGATEWAY COMMERCIAL CONDO OWNERS V. NELSON ET AL

So Ordered/s/ Magistrate Mark Thompson

Sixth Judicial District of IowaE-FILED 2020 MAY 24 10:54 AM JOHN-SON - CLERK OF DISTRICT COURTElectronically signed on 2020-05-24 10:54:46 page 3 of 3

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Cedar county payrollPAY DATE 7/31/2020

VENDOR VENDOR TOTALBenefits Inc. 1,509.65Phelps the Uniform Specialists 45.10Washington National Ins Co. 608.12Fidelity Investments 375.00Cincinnati Life Insurance Co 431.03IPERS 124,925.14Cedar County Treasurer 63,280.63Cedar County Treasurer 21,248.00Cedar County Treasurer 539.06Cedar County Treasurer 154.02COUNTY TOTAL 213,115.75

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Cedar county boardBOARD PROCEEDINGS(FOLLOWING IS A SYNOPSIS OF MINUTES. FULL TEXT OF DAY’S MINUTES ARE AVAILABLE FOR INSPECTION AT AUDITOR’S OFFICE)TIPTON, IOWAAugust 4, 2020Cedar County Board of Supervisors met in regular session at 8:30 a.m. August 4, 2020 with following members pres-ent: Smith, Bell, Gaul, Kaufmann and Chairperson Agne. Members of public were also present. Board viewed correspondence from vari-ous agencies.Manure Management Annual Updates submitted by:Jeff Graves #66830 for a site at 2234 – 340th Street, Wilton.Tom Whetstone #67457 for a site at 1633 300th Street, Wilton.Nick Sander #71146 for a site at 1969 110th Street, Clarence.It noted following Handwritten Disbursement issued on 7/31/2020 to Cedar County Treasurer for Benefits, Inc. for an electronic deposit: #424295 for $1,865.02-self funded medical claims.Moved by Gaul seconded by Smith to amend agenda to remove Action on Determination of Level of Review Environmental Review Record and add a resolution Residential Anti-Displacement & Relocation Assistance Plan.Ayes: AllAbsent: KaufmannChairperson Agne addressed public for comments: Mary Swan mentioned she is frustrated that City Offices are not open.Moved by Smith seconded by Bell to approve Board Minutes of July 28, 2020.Ayes: AllAbsent: KaufmannMoved by Bell seconded by Gaul to approve Payroll Disbursements #182384 - #182539 for period ending July 25, 2020 and to be paid on July 31, 2020.Ayes: AllAbsent: KaufmannMoved by Smith seconded by Agne to renew a 12-month Class C Beer Permit with Sunday Sales for Pilot Travel Center.Ayes: AllAbsent: KaufmannBoard reported on Outreach/Committee Meetings they attended. Kaufmann entered meeting at 8:39 a.m.At 8:45 a.m. Chairperson Agne opened

public hearing to solicit comments on County’s application to Community Development Block Grant COVID-19 infectious disease response to Iowa Economic Development Authority. Brian Wagner, City Administrator for City of Tipton present. Board discussed need to respond to needs of County resulting from COVID-19 pandemic. Application proposes that County acquire two power cots for City of Mechanicsville and City of Tipton. Application submitted on April 9, 2020. Proposed project will be in amount of $89,356 including all activities. County requested $105,456 in CDBG funds. Program will meet Urgent Need HUD national objective by meeting urgent need of County that resulted from COVID-19 pandemic and percent of funds benefitting low-to-moderate income persons may not be determined. By design, no displacement will occur. If displacement is necessary, City will comply fully with Uniform Relocation Act and Section 104(d). Chairperson Agne, closed public hearing at 8:55 a.m. with no objections on file.Other Comments during hearing or after by board members as appropriate.Moved by Smith seconded by Gaul to approve resolution endorsing CDBG application and submission and authorizing Chairperson to sign CDBG contract and related documents.

RESOLUTIONWHEREAS, Iowa Economic Develop-

ment Authority (IEDA) has invited applica-tions for Community Development Block Grant (CDBG) funding to assist commu-nities with necessary public services to support citizens in response to COVID-19 virus; and

WHEREAS, Cedar County has identi-fied need for Power Cots to assist with EMS; and

WHEREAS, Cedar County desires to acquire Power Cots; and

NOW THEREFORE BE IT RESOLVED that Cedar County Supervisors do hereby endorse and support CDBG Application and its submission and authorizes Chairperson to sign CDBG Application, contract, and related documents.Ayes: AllMoved by Bell seconded by Kaufmann to approve and authorize Chairperson Agne to sign Affirmative Fair Housing Policy.Ayes: AllMoved by Gaul seconded by Smith to approve and authorize Chairperson Agne to sign Code of Conduct Policy.Ayes: AllMoved by Smith seconded by Bell to approve and authorize Chairperson Agne to sign Equal Opportunity Policy Statement.Ayes: AllMoved by Kaufmann seconded by Gaul to approve and authorize Chairperson Agne to sign Policy Prohibiting Use of Excessive Force Against Individuals Engaging in Non-Violent Civil Rights Demonstrations.Ayes: AllMoved by Bell seconded by Smith to approve and authorize Chairperson Agne to sign Procurement Policy.Ayes: AllMoved by Bell seconded by Gaul to approve and authorize Chairperson Agne to sign Residential Anti-Displacement and

Relocation Assistance Plan.Ayes: AllMoved by Kaufmann seconded by Agne to approve following resolution:

RESOLUTION RESCINDING CONDI-TIONAL REZONING AGREEMENT

WHEREAS, a Conditional Rezoning Agreement and a change in zoning from A-1, Agricultural District to AR-1, Agricul-tural Recreational District for Dr. Gene V. Mueller and Elizabeth Mueller, and their assigns, heirs or successors in interest had been approved by Cedar County Board of Supervisors in accordance with Chapter 18.2(3) of Cedar County Zoning Ordinance, Number 10, and Code of Iowa Chapter 335.7, on October 14, 1998, and Conditional Rezoning Agreement record-ed in office of Cedar County Recorder, in Book 406, Pages 70-72, on October 16, 1998; and

WHEREAS, parcels incorporated in above-referenced Conditional Rezon-ing Agreement were sold by Dr. Gene V. Mueller to NOSO, LLC on July 9, 2020.

WHEREAS, Cedar County received written notice from Nate Orvis and Su-san Orvis, members of NOSO, LLC on July 16, 2020, that parcels are no longer utilized as a public golf course, thereby terminating above-referenced Conditional Rezoning Agreement.

WHEREAS, Conditional Rezoning should be rescinded, property should re-zoned to A1 Agricultural District, and property should hereafter be used only in conformity with all district regulations established by Cedar County Zoning Or-dinance, Number 10, for district in which property is located.

NOW, THEREFORE, BE IT RESOLVED by Board of Supervisors of Cedar County, Iowa, that Conditional Rezoning Agree-ment, for Dr. Gene V. Mueller and Eliza-beth Mueller and their assigns, heirs or successors in interest, including NOSO, LLC, be rescinded on part of Cedar Coun-ty, Iowa, property be rezoned to A1Agri-cultural District, and Official Zoning Map amended in accordance with Chapter 4.3, Ordinance Number 10, this 4th day of Au-gust, 2020.

Passed and approved this 4th day of August, 2020Ayes: AllAbstain: BellAuditor Dauber informed Board she would follow up with Attorney Bob Josten regarding Urban Renewal Area and TIF District. Bell mentioned possibility of revising Urban Renewal Area. Dauber stated she would find out details and report back to Board.At 9:00 a.m. Department Head meeting held with following department heads present in boardroom or called into meet-ing and provided a departmental update. Chief Deputy Sheriff Koranda, Engineer Fangmann, CPC Tischuk, Auditor Dauber, E&Z Director LaRue, Recorder Bahnsen, Conservation Director Dauber, Treasurer Delaney, Attorney Renander, Interim Public Health Director Butler, and Veteran Affair Officer Hamann. Discussion held regarding retaining visi-tor logs. Consensus of board to retain for 28 days and to have log be kept at check