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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