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Annex, City , City Devel. Bd. Findings of Fact August 21,2006 Jeanne Schneider Dubuque City Clerk City Hall, 50 West 13th Street Dubuque, IA 52001-4864 RE: UA06-39, Dubuque Voluntary Annexation Dear Ms. Schneider: 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) 242-4719. Sincerely, S!w-, ~. C7/Vtro~ Steven R. McCann City Development Board Administrator SRM:blb cc: Dubuque City Attorney IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Mary Lawyer, Director . 200 East Grand Avenue. Des Moines. Iowa 50309 USA . Phone: 515.242.4700 . Fax: 515.242.4809 . www.iowalifechanging.com 'I CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE CITY OF DUBUQUE VOLUNTARY ANNEXATION WITHIN THE URBANIZED AREA OF THE CITIES OF SAGEVILLE AND ASBURY ) ) NO. UAD6-39 DUBUQUE ) ) FILING OF WRITTEN DECISION ) ) TO: Cities of Dubuque, Sageville and Asbury, Dubuque County Board of Supervisors, Dubuque County Attorney, East Centrallntergovernrnental 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. UAD6-39. 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 3D-days of the date of the enclosed Order. If no appeal is filed within 3D-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 .5 ~ t<. C/1f~ Steven R. McCann, City Development Board Administrator Phone: 515.242.4719 Prepared by: Steve McCann 515/242-4719 City Development Board Administrator I 200 E Grand Avenue I Des Moines, IA 50309 , PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Fred McCaw Dubuque Co. Attorney 720 Central Avenue Dubuque, IA 52001 Alliant Energy 1000 Main Street Dubuque, IA 52001 Ms. Denise Dolan Dubuque Co. Auditor 720 Central Avenue Dubuque, IA 52001 Ms. Mary Chris Lotspeich Owest 3565 Utica Ridge Road Bettendorf, IA 52722 Dubuque Co. Bd. of Supervisors 720 Central Avenue Dubuque, IA 52001 Ms. Jan Schaffer U.S. West 615 3rd Avenue S.W. Cedar Rapids, IA 52401 Mr. Fred Dean Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Davenport, IA 52809 MCI, Engineering Dept. 560 2nd Avenue S.E. Cedar Rapids, IA 52401 Ms. Kelley Deutmeyer ECIA 3999 Pennsylvania Avenue, Ste. 200 Dubuque, IA 52002 Ms. Vicki Davis AT&T Corporation 3001 Cobb Parkway Atlanta, GA 30339 Ms. Sara Burke Asbury City Clerk 5080 Asbury Road Asbury, IA 52002-2522 Aquila Inc. 1015 Cedar Cross Road Dubuque, IA 52003 Mr. William Blum Dubuque City Attorney 50 West 13th Street Dubuque,lA 52001-4864 Maquoketa Valley Rural Electric PO Box 370,109 N. Huber Anamosa, IA 52205-0370 Ms. Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque,lA 52001-4864 MediaCom 3033 Asbury Road Dubuque, IA 52001 Ms. Amy Weidenbacher Sageville City Clerk!Treasurer 3257 Sheridan Road Dubuque,lA 52001-8145 Mr. Mike Felderman Dubuque County Road Dept. 13047 City View Drive Dubuque, IA 52002 Ms. Anna O'Shea Dubuque County Zoning Dept. 13047 City View Drive Dubuque, IA 52002 Prepared by: Steve McCann 515/242-4719 City Development Board Administrator I 200 E Grand Avenue I Des Moines, IA 50309 " Mr. Rick Anderson City of Asbury 5080 Asbury Road Dubuque, IA 52002 Mr. Ralph Dean City of Sageville 10838 Highway 52 N. Dubuque, IA 52001 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't day of August, 2006. Local Delivery Honorable Tom Miller, Iowa Attorney General n:~~~ 1o~i3- Betty ra hof, Secretary I Prepared by: Steve McCann 515/242-4719 City Development Board Administrator /200 E Grand Avenue / Des Moines, lA 50309 " 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 SAGEVILLE AND ASBURY ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DETERMINATION NO. UA06-39 DUBUQUE TO: Cities of Dubuque, Sageville and Asbury, 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 filed its request for City Development Board approval of annexation of territory within the urbanized area of Sageville and Asbury on July 26, 2006. Notice of City Development Board review of the request and owner's application was given on July 27, 2006, and the Board considered the matter at its August 9, 2006, 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 July 17, 2006, John & Sally Jo Herrig; July 17, 2006, Dean & Patricia Butler; May 5, 2006, Wendell W. Corey, Motor City LLC, by written application, which included a map, 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. UA06-39 Dubuque 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 2. On May 29,2006, the City of Dubuque published in an official county newspaper notice of the City Council's meeting on July 17, 2006, to consider the application for voluntary annexation. 3. On May 30,2006, the City of Dubuque provided a copy of the application for voluntary annexation to the City of Sageville and Asbury, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation, and affected public utilities. 4. By resolutions dated June 19,2006, and July 17, 2006, 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 Sageville and Asbury 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 contain railroad right-of-way. 8. On July 26, 2006, 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 July 27,2006, the City Development Board notified, by mail, the Cities of Dubuque, Sageville and Asbury, 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. No response was received from any governmental unit, business or individual. 11. The Board considered the request at its August 9, 2006, meeting and found it to be complete and properly filed. 12. 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. UA06-39 Dubuque 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 CONCLUSIONS OF LAW 1. The territory to be annexed "adjoins" the City of Dubuque as the term is defined in Section 368.1 (1) Iowa Code and is within the "urbanized area" of the Cities of Sageville and Asbury as the term is defined in Section 368.1 (16) Iowa Code. 2. 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. 3. The City Development Board has jurisdiction to approve or decline the owner's application for annexation Section 368.7(3) Iowa Code. If the owner's application is approved by the Board, the Board is required to file portions of the proceedings in accord with Section 368.7 Iowa Code. 4. The resolution by the City Council of Dubuque conforms with Section 368.7 Iowa Code. 5. The City of Dubuque's request for Board approval and the annexation is in substantial compliance with 263 Iowa Administrative Code 7.2. 6. In accord with the standards set forth in Chapter 368 Iowa Code, the annexation proposal is in the public's interest. Dated this 21st day of August, 2006. CITY DEVELOPMENT BOARD Dennis Plautz, Chairper on signature affixed by S ven R. McCann, Administrator for City Development Board as authorized under Iowa Administration Code 263 - 9.11 (2) UA06-39 Dubuque Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development I City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 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 August, 2006. CITY DEVELOPMENT BOARD Isl Den UA06-39 Dubuque 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 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Fred McCaw Dubuque Co. Attorney 720 Central Avenue Dubuque, IA 52001 Alliant Energy 1000 Main Street Dubuque, IA 52001 Ms. Denise Dolan Dubuque Co. Auditor 720 Central Avenue Dubuque, IA 52001 Ms. Mary Chris Lotspeich Owest 3565 Utica Ridge Road Bettendorf, IA 52722 Dubuque Co. Bd. of Supervisors 720 Central Avenue Dubuque, IA 52001 Ms. Jan Schaffer U.S. West 615 3rd Avenue S.W. Cedar Rapids, IA 52401 Mr. Fred Dean Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Davenport, IA 52809 MCI, Engineering Dept. 560 2nd Avenue S.E. Cedar Rapids, IA 52401 Ms. Kelley Deutmeyer ECIA 3999 Pennsylvania Avenue, Ste. 200 Dubuque, IA 52002 Ms. Vicki Davis AT&T Corporation 3001 Cobb Parkway Atlanta, GA 30339 Ms. Sara Burke Asbury City Clerk 5080 Asbury Road Asbury, IA 52002-2522 Aquila Inc. 1015 Cedar Cross Road Dubuque, IA 52003 Mr. William Blum Dubuque City Attorney 50 West 13th Street Dubuque,IA 52001-4864 Maquoketa Valley Rural Electric PO Box 370, 109 N. Huber Anamosa, IA 52205-0370 Ms. Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque,IA 52001-4864 MediaCom 3033 Asbury Road Dubuque, IA 52001 Ms. Amy Weidenbacher Sageville City Clerk/Treasurer 3257 Sheridan Road Dubuque,IA 52001-8145 Mr. Mike Felderman Dubuque County Road Dept. 13047 City View Drive Dubuque, IA 52002 Ms. Anna O'Shea Dubuque County Zoning Dept. 13047 City View Drive Dubuque, IA 52002 Prepared by: Steve McCann 515/242-4719 City Development Board Administrator I 200 E Grand Avenue I Des Moines, IA 50309 Mr. Rick Anderson City of Asbury 5080 Asbury Road Dubuque, IA 52002 Mr. Ralph Dean City of Sageville 10838 Highway 52 N. Dubuque, IA 52001 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 21st day of August, 2006. Local Delivery Honorable Tom Miller, Iowa Attorney General Ao~6~M1J Betty ra hof, Secretary Prepared by: Steve McCann 515/242-4719 City Development Board Administrator I 200 E Grand Avenue / Des Moines, IA 50309 > . Appendix A Legal Description of territory to be annexed to the City of Dubuque, Iowa CDS Case No. UA06-39 Motor City LLC I Wendell Corey. Manaqer W Yo of the NW Y. of the NE Y.of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; E Yo of the NW Y. of the NE Y. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and NE Y. of the NE Y. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. John W. and Sail v Jo Herriq Lot 1 of Lot 2 of the SW Y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 2 of the N Yo of the SW y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and SW Y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. Dean and Patricia Butler Lot 2 of Butler's Hill Second Addition, Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. The territory extends to the center line of all secondary roads adjacent to the above described properties. , . 'HL ~~ ~ . ""'" "-1- "i)) ~ iLJj!/ h :~I~~ zlf ^ ':41 r~,F ~__d\ J-l{-ti'W 1~1.. ~ ldt'W1 ~I:S~\ I II N~ n 111'1' J H"'" -'- U _ mU,li! [0 ~ ~ , I ~.~ .:,:"~ '~ \ .fl~ , ' , ' -= 1 ~ ~ I i r----r ~ tn .... Q) s:: ~ o ~- ~ ~~ 2 I cUER~ D.. 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