Asbury Voluntary AnnexationIOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
April 18, 2002
Ms. Patricia Sunseri
Asbttry City Clerk
4985 Asbury Road
Dubuque, IA 52002-0411
RE: UA02-05 Asbury Voluntary Annexation
Dear Ms. Sunseri:
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 find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed bythe
City Development Board approving the voluntary annexation petition submitted by the City of
Asbttry. 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) 242-4719.
Sincerely,
Steven R. McCann
City Development Board Administrator
SRM:mo
Cc: ~e, Asbury City Att0mey, Local Utilities, Propc~-j Owners
THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVI~RNOR
C.J,Niles, Director · 200 East Grand Avenue · Des Moines, Iowa 50309-1827 o 515.242.4700 o Fax: 515.242.4809
info@ided.state.imus · TrY: 1.800.735.2942 · www. state.ia.us/ided
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 THE )
CITY OF DUBUQUE )
NO. UA02-05 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, East Central
Intergovernmental Association, Iowa Attomey General, Iowa Secretary of State, Iowa
Department of Transportation and affected public utilities.
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 March 4, 2002. Notice of City Development
Board review of the request and owner's application was given on March 29, 2002, and the
Board considered the matter at its April 11, 2002, 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 February 12, 2002, by written application, which included a map, the City of Asbury,
by its Mayory, Chades Uskavitch, 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 February 14, 2002, the City of Asbury published in an official county newspaper
notice of the City Council's meeting on February 26, 2002, to consider the application for
voluntary annexation.
On February 14, 2002, the City of Asbury provided a copy of the application for voluntary
annexation to the City of Dubuque, Dubuque County Board of Supervisors, East Central
UA02-05 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 5151242-4719
Iowa Economic Development / Cit~ Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
approved by the Board, the Board is required to file portions of the proceedings in accord
with Section 368.7 Iowa Code (2001).
4. The resolution by the City Council of Asbury conforms with Section 368.7 Iowa Code
(2001).
5. The City of Asbury's request for Board approval and the annexation is in substantial
compliance with 263 Iowa Admin Code 1.7.
6. In accord with the standards set forth in Chapter 368 Iowa Code (2001) the annexation
proposal is in the public's interest.
Dated this 18th day of Apdl 2002.
CITY DEVELOPMENT BOARD
Harley Hi(~r~stra, Chairperson
signature affixed by Steven R, McCann, Administrator
for City Development Board as authorized under 263
Iowa Administration Code 3.28
UA02-05 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/242-4719
Iowa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
3
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 52002-041
Cc: Asbury City Attomey
Property Owners
Public Utilities
Ms. Jeanne Schneider
City of Dubuque
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
CC: Dubuque City Attomey
Ms. Kathy Flynn Thurlow
Dubuque County Recorder
720 Central Avenue
Dubuque, IA 52001-7079
Cc: Dubuque County Auditor
Dubuque Co. Bd of Supervisors
720 Central Avenue
Dubuque, IA 52001
Cc: Dubuque County Attorney
Ms. Kelley Duetmeyer
ECIA
Executive Director
Suite 330 Nesler Centre
PO Box 1140
Dubuque, IA 52004-1140
Mr. Fred Dean
Iowa DOT Planner
Iowa 130
PO Box 2646
Davenport, IA 52809
Cc: Roger Litchfield
Said copy was mailed 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 18~ day of Apdl 200:;:;.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Hoover State Office Building, 2nd Floor, Des Moines, Iowa
Honorable Chester Culver, Iowa Secretary of State
Statehouse, Des Moines, Iowa
/F~g~)a -0sten d brf~Se~retarY , ~,i
UA02-05 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/242-4719
Iowa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309