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Dubuque Metropolitan Area Solid Waste Agency Voluntary AnnexationMarch 21, 2011 Terry E. Branstad, Governor Ms. Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque, IA 52001 -4805 RE: UA11 -04, Dubuque Voluntary Annexation Dear Ms. Schneider: Sincerely, Marie Steenlage City Development Board Administrator MS:blh cc: Dubuque City Attorney 0 J ra< =I fll c-- CD � 0 JJ . ni 0 at 0 CD .-0 Pursuant to Sections 368.7 and 368.20 Iowa Code, 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 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 by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque. If no appeal is filed within 30 -days of the date of this Order, the City Development Board will file a copy of these proceedings with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. All recording and filing fees will be charged to the City of Dubuque. Please note that pursuant to Section 312.3(4) Iowa Code, the Mayor and Council are required to certify to the State Treasurer the population of any areas annexed since the last federal census once the annexation is complete. The annexation is completed when copies of these proceedings have been filed with the Dubuque County Recorder and Iowa Secretary of State by the City Development Board. If there are any questions, please call me at (515) 725 -3064. IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Kim Reynolds, Lieutenant Govemor Debi V. Durham, Director • 200 East Grand Avenue, Des Moines, Iowa USA 50309 • Phone: 515.725.3000 • Fax: 515.725.3010 • www.iowalifechanging.com IN THE MATTER OF THE CITY OF DUBUQUE VOLUNTARY ANNEXATION WITHIN THE URBANIZED AREA OF THE CITIES OF PEOSTA AND CENTRALIA CITY DEVELOPMENT BOARD STATE OF IOWA NO. UA11 -04 / DUBUQUE FILING OF WRITTEN DECISION TO: Cities of Dubuque, Peosta and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Affected Public Utilities, and Parties of Record. You and each of you are hereby notified that the City Development Board has approved the annexation of territory to the City of Dubuque under City Development Board Case File No. UA11 -04. Please find enclosed the Findings of Fact, Conclusions of Law, Determination, and Final Order by the City Development Board approving the annexation. An appeal of the Board's decision may be filed within 30 -days of the date of the enclosed Order. If no appeal is filed within 30 -days of the date of this Order, the City Development Board will file with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. CITY DEVELOPMENT BOARD ^ r\ �! ,' _Q-QA Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E Grand Avenue / Des Moines, IA 50309 Marie Steenlage, City Deve ment Board Administrator Phone: 515- 725 -3064 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney 720 Central Avenue Dubuque, IA 52001 Dubuque Co. Bd. of Supervisors 720 Central Avenue Dubuque, IA 52001 Mr. Sam Shea Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Davenport, IA 52809 Ms. Kelley Deutmeyer ECIA 7600 Commerce Park Dubuque, IA 52002 Ms. Jean Wuertzer City of Centralia 7978 Maranatha Ct. Peosta, IA 52068 Mr. Barry Lindahl Dubuque City Attorney 300 Main St., Ste. 330, Harbor View Place Dubuque, IA 52001 -6944 Ms. Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque, IA 52001 -4864 City of Peosta 7896 Burds Road Peosta, IA 52068 -0065 Alliant Energy 1000 Main Street Dubuque, IA 52001 Ms. Mary Chris Lotspeich Qwest 3565 Utica Ridge Road Bettendorf, IA 52722 Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 MCI, Engineering Dept. 560 2nd Avenue S.E. Cedar Rapids, IA 52401 Ms. Vicki Davis AT &T Corporation 3001 Cobb Parkway, Rm. 162 Atlanta, GA 30339 Black Hills Energy, Attn.: CEO 1015 Cedar Cross Road Dubuque, IA 52003 Maquoketa Valley Rural Electric 109 N. Huber, PO Box 370 Anamosa, IA 52205 -0370 Mediacom, Attn.: General Mgr. 3033 Asbury Road Dubuque, IA 52001 Mr. Chuck Goddard Dubuque Metropolitan Solid Waste Agency 50 W. 13th Street Dubuque, IA 52001 Mr. & Mrs. John Cate 14667 Highway 20 Peosta, IA 52068 Kluck Partnership Highway 20 W. Dubuque, IA 52002 Marylyn s. Trust McFarlane 81 Wyandanch Lane South Hampton, NY 11968 Mr. Chris Clark PO Box 1358 Dubuque, IA 52004 Donald J. Trust Mary C. Jecklin Trust 12156 Cottingham Road Peosta, IA 52068 Mr. & Mrs. Larry McDermott 13384 BMR Lane Dubuque, IA 52002 Local Delivery Honorable Tom Miller, Iowa Attorney General Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 Mr. & Mrs. William Watters 14645 Rt. 20 Peosta, IA 52068 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 21 day of March, 2011. Bett y -I1 ing, Ad ' rative Assistant 1 IN THE MATTER OF THE VOLUNTARY ANNEXATION OF THE CITY OF DUBUQUE WITHIN THE URBANDIZED AREA OF THE CITIES OF PEOSTA AND CENTRALIA BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA NO. UA11 -04 / DUBUQUE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DETERMINATION TO: Cities of Dubuque, Peosta and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of Transportation and affected public utilities. STATEMENT OF THE CASE The City of Dubuque (hereinafter the "City ") filed its request for City Development Board approval of annexation of territory within the urbanized area of the Cities of Peosta and Centralia on January 24, 2011. Notice of City Development Board review of the request and owner's application was given on February 11, 2011, and the Board considered the matter at its March 16, 2011, 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 1 On September 1, 2010, by written application, which included a map, Chuck Goddard, applicant representing Dubuque Metropolitan Solid Waste Agency (DMSWA), requested the City of Dubuque 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. UA11 -04 Dubuque Findings of Fact Prepared by: Marie Steenlage, Administrator 515/725 -3064 Iowa Economic Development / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 2. On October 27, 2010, and December 1, 2010, the City of Dubuque published in an official county newspaper notice of the City Council's meeting on December 20, 2010, to consider the application for voluntary annexation. 3. On October 22, 2010, the City of Dubuque provided a copy of the application for voluntary annexation to the Cities of Peosta and Centralia, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation and affected public utilities. 4. By resolution dated December 20, 2010, which contained a legal description, the City Council of Dubuque voted to annex the subject property. 5. The area to be annexed is within two miles of the Cities of Peosta and Centralia and is therefore within their urbanized area. 6. The area to be annexed has a common boundary with the City of Dubuque of more than 50 feet. 7. The area to be annexed does not include any State or railroad property. 8. On January 24, 2011, 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. 9. On February 11, 2011, the City Development Board notified, by mail, the Cities of Dubuque, Peosta and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of Transportation and affected public utilities of the proposed annexation and request for approval. Said notice invited oral and written evidence relative to the proposed annexation. 10. The City Development Board received no response from any governmental unit, business or individual. 11. The Board considered the City's request at its March 16, 2011, meeting and found it to be complete and properly filed. 12. Based on the information favoring the annexation found in the City's request 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: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 CONCLUSIONS OF LAW 1. The territory to be annexed "adjoins" the City of Dubuque as the term is defined in Iowa Code Section 368.1(1) and is within the "urbanized area" of the Cities of Peosta and Centralia as the term is defined in Iowa Code Section 368.1(16). 2. The City published notice of the filing of the application and provided copies of the proposed annexation to parties in accordance with the requirements of Iowa Code Section 368.7. 3. The City Development Board possesses jurisdiction to approve or decline the application for annexation in accord with Iowa Code Section 368.7(3). If the application is approved by the Board, the Board is required to file portions of the proceedings in accord with Iowa Code Section 368.7. 4. The resolution by the City Council of Dubuque conforms with Iowa Code Section 368.7. 5. The City of Dubuque's request for Board approval and the annexation is in substantial compliance with Iowa Administrative Code r. 263 -7.2. 6. In accord with the standards set forth in Iowa Code Chapter 368, including the presumption of validity for voluntary annexation approval set forth in Iowa Code Section 368.6, the annexation proposal is in the public's interest. Dated this 21 day of March, 2011. CITY DEVELOPMENT BOARD Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 OUNA I Dennis Plautz, Chairperson signature affixed by Marie Steenlage, Administrator for City Development Board as authorized under Iowa Administration Code 263 — 9.11(2) THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Dubuque 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 Dubuque City Clerk and that the Board file a copy of the map and legal description with the Iowa Department of Transportation. To complete the annexation process, the Board Administrator shall mail a copy of this Order and other relevant documents to the Dubuque County Recorder and Iowa Secretary of State on or after the 31 day following issuance of this Order. To request a stay of completion of the annexation process, a person or city authorized by Iowa Code Section 368.22 to appeal this Order must deliver to the Board Administrator a timely written request for a stay accompanied by notice of the filing of a petition for judicial review or intent to file a petition for judicial review. Any such request shall be referred to the Board for action at its next regularly scheduled meeting or at a special meeting. Dated this 21 day of March, 2011. CITY DEVELOPMENT BOARD /s/ } �.L\i\riuIS Dennis Plautz, Chairperson Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney 720 Central Avenue Dubuque, IA 52001 Dubuque Co. Bd. of Supervisors 720 Central Avenue Dubuque, IA 52001 Mr. Sam Shea Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Davenport, IA 52809 Ms. Kelley Deutmeyer ECIA 7600 Commerce Park Dubuque, IA 52002 Ms. Jean Wuertzer City of Centralia 7978 Maranatha Ct. Peosta, IA 52068 Mr. Barry Lindahl Dubuque City Attorney 300 Main St., Ste. 330, Harbor View Place Dubuque, IA 52001 -6944 Ms. Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque, IA 52001 -4864 City of Peosta 7896 Burds Road Peosta, IA 52068 -0065 Alliant Energy 1000 Main Street Dubuque, IA 52001 Ms. Mary Chris Lotspeich Qwest 3565 Utica Ridge Road Bettendorf, IA 52722 Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309 MCI, Engineering Dept. 560 2nd Avenue S.E. Cedar Rapids, IA 52401 Ms. Vicki Davis AT &T Corporation 3001 Cobb Parkway, Rm. 162 Atlanta, GA 30339 Black Hills Energy, Attn.: CEO 1015 Cedar Cross Road Dubuque, IA 52003 Maquoketa Valley Rural Electric 109 N. Huber, PO Box 370 Anamosa, IA 52205 -0370 Mediacom, Attn.: General Mgr. 3033 Asbury Road Dubuque, IA 52001 Mr. Chuck Goddard Dubuque Metropolitan Solid Waste Agency 50 W. 13th Street Dubuque, IA 52001 Mr. & Mrs. John Cate 14667 Highway 20 Peosta, IA 52068 Kluck Partnership Highway 20 W. Dubuque, IA 52002 Marylyn s. Trust McFarlane 81 Wyandanch Lane South Hampton, NY 11968 Mr. Chris Clark PO Box 1358 Dubuque, IA 52004 Donald J. Trust Mary C. Jecklin Trust 12156 Cottingham Road Peosta, IA 52068 Mr. & Mrs. Larry McDermott 13384 BMR Lane Dubuque, IA 52002 Local Delivery Honorable Tom Miller, Iowa Attorney General Prepared by: Marie Steenlage 515/725 -3064 City Development Board Administrator / 200 E. Grand Avenue / Des Moines. IA 50309 Mr. & Mrs. William Wafters 14645 Rt. 20 Peosta, IA 52068 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 21 day of March, 2011. Betty H ssistant Appendix A Legal Description of territory proposed to be annexed to the City of Dubuque, Iowa CDB Case No. UA11 -04 That the application of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), the property owner, for voluntary annexation of approximately 178.29 acres of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, and legally described as Lot 1 Landfill West Subdivision in Section 1, Township 88 North, Range 1 East of the 5 P.M.; Southwest % of the Southeast 1 /4 in Section 1, Township 88 North, Range 1 East of the 5 P.M.; Lot 2 of the Southeast % of the Southeast 1 /4 in Section 1, Township 88 North, Range 1 East of the 5 P.M.; and Lot 1 Landfill South Subdivision, in Section 6, Township 88 North, Range 2 East of the 5 P.M.; all in Dubuque County, Iowa, is hereby approved for annexation to the City of Dubuque, Iowa. The territory extends to the center line of all secondary roads adjacent to the above described properties. Base Data Provided by Dubuque County GIS Dubuque w'arr THE CITY OF 2007 DUB: Masterpiece omtJTe-Mississippi Applicant: Chuck Goddard, Dubuque Metropolitan Solid Waste Agency (DMSWA) Location: Highway 20 West Description: To rezone landfill property, in conjunction with annexation, from County AG Agricultural District to City HI Heavy Industrial District.. Legend %% Vicinity Map Proposed Area to be Rezoned City of Dubuque . ..L.....:.•'..:a{Sii ` "die{ :.ae; •:^r . 77-M *.ce Lj DMASWA Annexation 2 -Mile Jurisdiction Map TM:Ist 3.1LS m,'3i be: ` `a a. CO OM NO EA, eila V, 14 CRC! F moo rael