Dubuque Petition - AnnexationIOWA
ECONOMIC DEVELOPMENT
August 20, 2001
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13m Street
Dubuque, LA 52001-4864
RE: UA0130 Dubuque Voluntary Annexation
Dear Ms. Schneider:
Pursuant to Sections 368.7 and 368.20, Iowa Code (2001) the City Development Board is required
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 impair or affect in any respect the rights 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 fred enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the
City Development Board approving the voluntary atmexation petition submitted by the City of
Dubuque. 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 maybe 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) 242-4719.
Sincerely,
Steven R. McCarm
City Development Board Admiinstrator
SRM:rao
Cc: City of Asbury, Dubuque City Attorney, Local Utilities, Property Owners
THOMAS J. VILSACK, GOVERNOR
SALLY J. PEDERSON, LT. GOVERNOR
C. J. Niles, Director · 200 East Grand Avenue · Des Moines, Iowa 50309-1827 ° 515.242.4700 ° Fax: 515.242.4809
info@ide&state.io.~· TT~ 1.800.735.2942 · ww~.gmte.ia.us/ided
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY )
ANNEXATION OF THE CITY OF DUBUQUE )
WITHIN THE URBANDIZED AREA OF THE )
CITY OF ASBURY )
NO. UA0130 DUBUQUE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
TO:
Cities of Dubuque and Asbury, 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 Dubuque filed its request for City Development Board approval of annexation
of territory within the urbanized area of Asbury on July 20, 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 May 4, 2001, by written application, which included a map Wayne Stewart requested
the City of Dubuque to annex the following described property owned by him 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 9, 2001, the City of Dubuque published in an official county newspaper notice of
the City Council's meeting on July 16, 2001, to consider the application for voluntary
annexation.
Prepared by: Steven R. McCanr~, Administretor 515/242~719
Iowa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
Page 1 of 5
10.
11.
12.
On July 5, 2001, the City of Dubuque provided a copy of the application for voluntary
annexation to Asbury, Dubuque County Board of Supervisors, Iowa Department of
Transportation, and affected public utilities.
By resolution dated July 16, 2001, which contained a legal description, the City Council of
Dubuque voted to annex the subject property.
The area to be annexed is within two miles of Asbury and is therefore within its urbanized
area.
The area to be annexed has a common boundary with the City of Dubuque more than 50
feet.
The area to be annexed does not contain railroad right-of-way.
On July 20, 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 Asbury
and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney,
Dubuques, State Attorney General, Iowa Department of Transportation, affected public
utilities and property owners, by return receipt requested, of the proposed annexation
and request for approval. Said notice invited oral and written 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 propedy filed.
Based on the information favoring the annexation found in the petition and other
materials filed by the City of Dubuque and the absence of evidence of any potential
adverse consequences, the Board finds the annexation to be in the public interest.
Prepared by: S{even R. McCann, Administrator 515/242--4719
owa 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 Dubuque as the term is defined in
Section 368.1 (1) Iowa Code (2001) and is within the "urbanized area" of the City of
Asbury 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 judsdicfion 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 20th 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 Dubuque conforms with Section 368.7 Iowa Code
(2001 ).
The City of Dubuque'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 C2001) the ~nnexation
proposal is in the public's interest.
CITY DEVELOPMENT BOARD
Harley Hierr~t'ral Chairperson
signature affixed by S[even R. McCann, Administrator
for City Development Board as authorized under 263
Iowa Administration Code 3.28
Prepared by: Steven R. McCann, Administrator 515/242-471
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 Waukee 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:
Dubuque City Clerk
Asbury City Clerk
Dubuque County Recorder
Iowa Secretary of State
East Central Intergovernmental Association
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 Dubuque.
Dated this 20th day of August 2001.
CITY DEVELOPMENT BOARD
Harley'HiemstrC~Chairperson '
Prepared by: Steven R. McCann, Administrator 515/242-4719
Iowa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
Page4 of 5
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument
was served upon:
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
Cc: Dubuque City Attorney
Property Owners
Affected Utility Companies
Ms. Patdcia Sunseri
Asbury City Clerk
4985 Asbury Road
Dubuque, IA 52002-0411
Cc: Asbury City Attorney
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 Thurlow
Dubuque County Recorder
720 Central Avenue
Dubuque, IA 52001
Cc: Dubuque County Auditor
Dubuque County Attorney
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 20th day of August 2001.
Prepared by: Steven R. McCann, Administrator 515/242-4719
Iowa Economic Development/City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
Page 5 of 5
Appendix A
Legal Description
UA0130 Dubuque
Located in Dubuque County
ANNEXATION STAFF REPORT
Council Agenda: June 18, 2001
Property Location:
Property Owner.
Legal Description:
Southwest corner of Old Highway Road and Seippel Road
Wayne Stewart
Lot 2, except the west 20 acres thereof, of Mason Cate Estates,
Section 36, T89N, R2E of the 5~ P.M. in Dubuque County.
The territory extends to the center line of all secondary roads adjacent to the above described
properties.
Appendix A - 2
Territory Map