CCR2015103-DPW Expansion
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #103-2015
DETERMINATION OF NECESSITY
OF THE CITY OF MUSKEGO,
WAUKESHA COUNTY, WISCONSIN
(City Garage Property Expansion- S82 W19339 Apollo Drive)
WHEREAS, the City’s Department of Public Works has limited storage options at
its current facility and a citywide facilities study has recommended an addition to the
existing City Garage building and the addition of a cold storage facility; and
WHEREAS, the purchase of an existing commercial property and its associated
building located at S82 W19339 Apollo Drive and the adjacent vacant lot identified by
tax key MSKC 2228-999-020 will replace the need for an addition to the existing City
Garage, cold storage, and future yard expansion needs; and
NOW THEREFORE the City of Muskego, Waukesha County, Wisconsin, by its
Common Council and for its determination of necessity HEREBY RESOLVES as
follows:
1. That this Resolution is a determination of necessity for the City Garage
expansion project in accordance with §32.06(1) and §32.07(2), Wisconsin
Statutes.
2. That the City of Muskego hereby determines that it is a necessary and
public purpose to acquire a commercial property at S82 W19339 Apollo
Drive and the adjacent vacant lot identified by tax key MSKC 2228-999-
020 in order to expand the City Garage property.
3. That the site of said commercial building and lands is contained in Exhibit
“A” which is incorporated herein;
4. That the City of Muskego will acquire fee simple title for said commercial
building and lands as indicated on Exhibit "A."
BE IT FURTHER RESOLVED, that it is not the intention of the City of Muskego
to utilize condemnation or powers of eminent domain for the purchase of this property.
This resolution 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 or eminent domain
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 or eminent
domain.
BE IT FURTHER RESOLVED, that the City will hire a qualified appraiser to
complete a full appraisal of the property.
Resolution #103-2015 2
BE IT FURTHER RESOLVED, that the Mayor and City Staff are directed to
proceed with obtaining appraisals and attempting to reach an agreed price, per
§32.06(2) and (2a), Wisconsin Statutes, but no Jurisdictional Offer or Purchase
Agreement shall be entered without the matter first coming back to the Common
Council to consider the terms of the possible acquisition.
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I hereby certify that on the 13 day of October, 2015, the within Determination of
Necessity Resolution was adopted by a vote of 5 ayes to 2 nays and 0 abstentions by
the Common Council of the City of Muskego, Waukesha County, Wisconsin.
APPROVED: CITY OF MUSKEGO
______________________________
Kathy Chiaverotti, Mayor
ATTEST:
_______________________________
Sharon Mueller, Clerk