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Asbury Petition - AnnexationAugust 23, 2001 Ms. Patricia Sunseri Asbury City Clerk 4985 Asbury Road Dubuque, IA 52002-0411 RE: Case NO. UA01-31 Asbury Petition for Annexation Dear Ms. Sunseri: IOWA D } P A KT M [BIT OF ECONOMIC DEVELOPMENT © -- CO Pursuant to Sections 368.7 and 368.20, Iowa Code (2001) the City Developmem Board is requh'ed to file with the Clerk of each city involved in a boundary adjustment, copies of the proceedings. Please note that Iowa Code Section 476.26 (2001) provides: "The inclusion by incorporation, consolidation, or annexation of any facilities or service area of an electric utility within the boundaries of any city shall not by such inclusion impatr or affect in any respect the tights of the electric utility to continue to provide electric utility service and to extend service to prospective customers in accordance with the provisions of this division." Please find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Asbury. As staff for the Board, I have carried out the required filing and the annexation is therefore complete. An appeal of the Board's decision may be filed within 30 days of the date of the enclosed order. Please note that pursuant to Section 312.3(4) Iowa Code (2001) the mayor and council are required to certify to the State Treasurer the population of any areas annexed since the last federal census. If there are any questions, please call me at (515) 2424719. Sincerely, Steven R. McCann City Development Board Administrator SRM:mo Cc: City of Dubuque, public utilities, property owners THOMA~ J. VILSACK GOVERNOR SALLY J. PEDERSON. LT. GOVERNOR C. J. lq'tim, Director o 200 East Grand Avenue · De~ Mohaes, Iowa 50309-1827 · 5 I5.242.4700 · F~txz 515.242.4809 info@i&d.sxare.h.m · TTk5 1.800.735.2942 · wvr~areia, us~ded BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE VOLUNTARY ) ANNEXATION OF THE CITY OF ASBURY ) WITHIN THE URBANDIZED AREA OF ) DUBUQUE ) NO. UA01-31 ASBURY FINDINGS OF FACT AND CONCLUSIONS OF LAW TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, Dubuque County Recorder, Dubuque County Auditor, State Attorney General, Secretary of State, Iowa Department of Transportation, East Central Intergovernmental Association. STATEMENT OF THE CASE The City of Asbury filed its request for City Development Board approval of annexation of territory within the urbanized area of Dubuque on July 25, 2001. Notice of City Development Board review of the request and owner's application was given on August 1, 2001, and the Board considered the matter at its August 9, 2001, meeting. The City Development Board having considered the City's request for approval, the property owner's application, and all evidence submitted by the affected parties hereby makes the following findings of fact, conclusions of law and determination: FINDINGS OF FACT On June 5, 2001, by wdtten application, which included a map Steven Juran and Tammy Juran requested the City of Asbury to annex the following described property owned by them and located in Dubuque County, Iowa: The proposed annexation territory is described in Appendix A attached hereto and by this reference made a part of. On July 12, 2001, the City of Asbury published in an official county newspaper notice of the City Council's meeting on July 24, 2001, to consider the application for voluntary annexation. Prepared by: Steven R. McCann, Administrator 515/242--4719 Iowa Economic Development / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 Page 1 of 5 10. 11. 12. Between July 12 and July 19, 2001, the City of Asbury provided a copy of the application for voluntary annexation to Dubuque, Dubuque County Board of Supervisors, Iowa Department of Transportation, and affected public utilities. By resolution dated July 24, 2001, which contained a legal description, the City Council of Asbury voted to annex the subject property. The area to be annexed is within two miles of Dubuque and is therefore within its urbanized area. The area to be annexed has a common boundary with the City of Asbury more than 50 feet. The area to be annexed does not contain railroad right-of-way. On July 25, 2001, the City requested the City Development Board to approve the annexation of the territory described in finding number one. Said request included a copy of the owner's application, map and City Council resolution On August 1,2001, the City Development Board notified, by mail, the Cities of Dubuque and Asbury, Dubuque County Board of Supervisors, Dubuque County Attorney, State Attorney General, Iowa Department of Transportation, East Central Intergovernmental Association, affected public utilities and property owners, by retum receipt requested, of the proposed annexation and request for approval. Said notice invited oral and wdtten evidence relative to the proposed annexation. No response was received from any governmental unit, business or individual. The Board considered the request at its August 9, 2001, meeting and found it to be complete and properly filed Based on the information favoring the annexation found in the petition and other materials filed by the City of Asbury and the absence of evidence of any potential adverse consequences, the Board finds the annexation to be in the public interest. Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development/City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 CONCLUSIONS OF LAW The territory to be annexed "adjoins" the City of Asbury as the term is defined in Section 368.1 I1 ) Iowa Code (2001) and is within the "urbanized area" of the City of Dubuque as the term is defined in Section 368.1 Iowa Code (2001). The City published notice of the filing of the petition and provided copies of the proposed annexation to parties in accordance with the requirements of Section 368.7 Iowa Code (2001 ). The City Development Board has jurisdiction to approve or decline the owner's application for annexation Section 368.7 Iowa Code (2001). If the owner's application is Page 2 of 5 5, 6, Dated this 23rd day of August 2001. approved by the Board, the Board is required to file portions of the proceedings in accord with Section 368.7 Iowa Code (2001). The resolution by the City Council of Asbury conforms with Section 368.7 Iowa Code (2001). The City of Asbury's request for Board approval and the annexation is in substantial compliance with 263 Iowa Admin Code 1.7. In accord with the standards set forth in Chapter 368 Iowa Code (2001) the annexation proposal is in the public's interest. CITY DEVELOPMENTBOARD Harley Hi~rflstra, Chairperson signature affixed by Steven R. McCann, Administrator for City Development Board as authorized under 263 Iowa Administration Code 3.28 Prepared by: Steven R. McCann, Administrator 5151242-4719 Iowa Economic Development/City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 Page 3 of 5 THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Asbury is hereby approved: The proposed annexation territory is described in Appendix A and attached hereto and by this reference made a part of. IT IS FURTHER ORDERED that the owner's annexation application and map, City Council resolution, notices of Board review and this Order be filed by the Board with the following: Asbury City Clerk Dubuque City Clerk Dubuque County Recorder Iowa Secretary of State and that the Board file a copy of the map and legal description with the Iowa Department of Transportation, and that all recording and filing fees be charged to the City of Asbury. Dated this 23rd day of August 2001. CITY DEVELOPMENT BOARD Harley Hiem t~, Chairperson Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 Page4of 5 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Ms. Patricia Sunsed Asbury City Clerk 4985 Asbury Road Dubuque, IA 52002-0411 Cc: Asbury City Attomey Property Owners Affected Utility Companies Ms. Jeanne Schneider Dubuque City Clerk 50 W 13t~ Street Dubuque, IA 52001-4864 Cc: Dubuque City Attomey Mr. Fred Dean Iowa DOT 130 PO Box 2646 Davenport. IA 52809 cc: Roger Litchfield Honorable Chester J. Culver Secretary of State Statehouse Des Moines, IA 50319 Cc: Tom Miller Ms. Kathy Flynn Thudow Dubuque County Recorder 720 Central Avenue Dubuque, IA 52001 Cc: Dubuque County Auditor Dubuque County Attomey Dubuque Bd of Supervisors East Central Intergovernmental Association Said copy was mailed by certified mail, return receipt requested, in an envelope addressed to them at the address"shown above, with postage fully paid and by depositing same in an United States Post Office depository in Des Moines, Iowa on the 23rd Day of August 2001. Prepared by: Steven R. McCam~, Adminis~ator 515/242-4719 Iowa Economic Development / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 Page Appendix A Legal Description UA01-31 Located in Dubuque County APPLICATION FOR VOLUNTARY ANNEXATION TO THE CITY OF ASBURY, IOWA Now on t~s __Sth day of June ; 2001, This applicmion ~rvoluntary~nexmionto~eCiw of Asbu~,Iowaismadeby Steven Juran & Tammy Juran (Seller - current owner) l Hawk Developers L.L.C. by Randy Hefel (Buyer future owner) For~e~llov~ngprop~%yd~cdbed ~: Lot 2 Juran Place of the SE 1/4 of the NE 1/4 of Section 18, T89N, R2E~ 5th P.M., Dubuque County, Iowa The territory extends to the center line of all secondary roads adjacent to the above described properties. OT,.':Lg/'-'QO~. u.g:;.:u F.~ Appendix A - 2 Territory Map ' C SURVEY PLAT OF dURAN PLACE, A DtVI~ION OF LOT1-2 OF"rHE ~IE I~4 OF TH~. N~ I/4 OF ~ECTION iS, TB,.e~, ~ 5'tH Pdt, DUI~UQUE COUNTY, IOWA. _/ ._. _ '~',~. '~ / /,, ,'"X X '"A~ _ 'Y,. 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