CCR2011014-Resolution of Necessity-Fountainwood
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #014-2011
RESOLUTION OF NECESSITY
(Fountainwood Flood Abatement Project)
rd
WHEREAS, Three homes located within the Fountainwood 3 Addition Subdivision,
identified by tax key numbers 2162-005, 2162-006, and 2162-068 have experienced
repeated surface water flooding, and
WHEREAS, The City of Muskego is committed to reducing sanitary sewer private
property inflow and infiltration (PPII) to the maximum extent practicable with the
assistance of the Milwaukee Metropolitan Sewerage District (MMSD), and
WHEREAS, The City of Muskego commissioned an Engineering study in September of
2010 to determine the most cost effective solution to limit the possibility of future
flooding of these homes which will in turn reduce PPII, and
WHEREAS, Based on the results of the Engineering study and the views expressed by
the homeowners, the Public Works Committee has recommended acquisition and
demolition of the homes, and
WHEREAS, The MMSD has instituted a program currently titled the “2010-2020 Private
Property Inflow and Infiltration Reduction Program”, and
WHEREAS, The City intends to utilize funding from the MMSD PPII Reduction Program
for all or part of the acquisition of the homes.
NOW, THEREFORE, THAT THE COMMON COUNCIL, WAUKESHA COUNTY,
WISCONSIN, HEREBY RESOLVES AS FOLLOWS:
1. That this Resolution is a resolution of necessity in accordance with 32.06(1) and
32.07(2), Wisconsin Statutes;
2. That it is hereby determined that it is necessary for the City of Muskego to
acquire fee simple title for the purchase of land for flood abatement and reduction
to PPII;
3. That it is also necessary, in the furtherance of the above-stated public
purpose, for the City of Muskego to acquire fee simple title to the following
described real estate: See attached legal descriptions and map marked
Exhibit A.
4. That the City of Muskego will acquire, by condemnation in accordance with
Chapter 32, Wisconsin Statutes, if necessary, the above-described interest
in the above-described real estate from the record owners thereof, and from
any and all other persons or entities who may have a record interest in said
real estate.
BE IT FURTHER RESOLVED, That it is not the intention of the City of Muskego to
utilize condemnation for the purchase of the properties identified on Exhibit A. The
resolution of necessity is a mechanism to start the purchase process only. If a willing
seller/willing buyer purchase agreement cannot be made between the parties initially,
the City of Muskego will not pursue the ultimate condemnation process, as this
procedure is not the method approved by the Common Council for this property unless
the Council takes further action to approve condemnation.
BE IT FURTHER RESOLVED, That the Council will meet to approve any offer to
purchase and to approve the funds for the purchase/s before an offer to purchase is
deemed valid.
TH
DATED THIS 8 DAY OF FEBRUARY , 2011.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Noah Fiedler
Ald. Neil Borgman
Ald. Kert Harenda
This is to certify that this is a true and accurate copy of Resolution #014-2011 which
was adopted by the Common Council of Muskego.
_____________________________
Clerk-Treasurer