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.
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