Procedure for Improvements.
Milwaukee City Charter § 11-08
in effect11-08. Procedure for Improvements.
1. ESTIMATE. Whenever the commissioner of public works shall deem it necessary to grade or otherwise improve any street, alley, sidewalk or public ground, or to erect and construct a bridge or viaduct over any ravine in said city of Milwaukee, or to dredge or dock any of the rivers or of the public canals after their first construction, or to abate any nuisance caused by stagnant water in said city, he shall cause to be made an estimate of the cost of such work, and shall put the same on file in his office, and such estimate shall be open to the inspection of any party interested.
2. PETITIONS AGAINST WORK. a. Thereupon the commissioner of public works shall make to the common council such recommendation in relation to the proposed work as the commissioner may deem proper. Upon adoption of the recommendation by the common council, in whole or in part, the commissioner may order so much of the work to be done as shall have been adopted, provided that no change of any previously established grade, and no such work, chargeable to lots and parcels of land fronting on or abutting on the same, except the grading, graveling and paving of streets, the paving of gutters and making of sidewalks, and except repairs, and docking and dredging, shall be ordered by resolution, ordinance or otherwise, unless a petition therefor shall first be presented to the common council, signed by residents of the city owning a majority of the feet in front of all the lots fronting upon such proposed improvements, owned by residents of the city. For that purpose, every person in the actual possession of any lots or parcel of land fronting upon such improvements, under a contract in force for the purchase thereof from the owner, shall be held to be a freeholder within the meaning of this section, and to be the owner of such real estate for the purpose of petitioning as owner thereof. Each person signing such petition as a resident or as the owner of property, shall be required to write after his or her signature a brief description of the property so owned, and of the place of residence in the city, and to annex thereto an affidavit that he or she is such resident and owner, and thereupon the person shall be taken to be such resident and owner, and such petition shall be as valid and have the same effect as if the person were the owner of the property, and a resident of the city or district, as stated in the affidavit, although in fact it should thereafter appear that the person was not the owner or resident.
b. The common council may order the grading, graveling and paving of streets and alleys, the paving of gutters and the making of sidewalks, without such petition, provided, however, that in the absence of such petition, the resolution of the common council ordering the work shall have been referred by the council to one of its standing committees, and shall have been reported by such committee to the common council with their recommendation that it be adopted, before a vote shall be taken upon its adoption, and provided the resolution shall declare why it is necessary for the public interest to proceed without such petition, and shall also upon its passage be supported by the votes of 3/4 of the members of the common council at the time of the vote and the council member of the district or each district in which such grading, graveling or paving, or making of sidewalks, is done. No such resolution ordering the grading, graveling or paving of a street or streets or alley, the paving of gutters or the making of sidewalks, without a petition therefor shall be voted upon or passed at any meeting of the common council held within 2 weeks from the time of its presentation to the council, and the vote on its passage shall be taken by yeas and nays, and duly entered in the journal of proceedings. (Sub. 2 am. Ch. Ord. 564, File #86-802, Feb. 3, 1987; eff. April 20, 1987.)
3. REQUEST FOR REPAIRS. Provided, further, that whenever the commissioner of public works shall deem it necessary to pave or otherwise improve, any street, alley or gutter, or any part of any street, alley or gutter, after the same has been once constructed to the grade established by the common council, and graveled, planked, paved or macadamized, the expense of maintaining, renewing, repairing or repaving thereof, shall be a lawful and proper charge against the funds appropriated for such purpose, and a majority of the residents of said city of Milwaukee, owning a majority of the feet in front of all the lots fronting on such proposed improvement, owned by residents of such city, shall file a petition with the said commissioner, for any payment or other improvement deemed by said commissioner to cost more than the estimate made by the commissioner, of the cost of improving said street, alley or gutter, said cost to be determined by said commissioner, it shall be the duty of said commissioner and of the common council to grant the request of such petition, and to proceed to repave, or otherwise improve, said street, alley or gutter, or any part thereof, named in said petition, according to the prayer of the petition, in the same manner as said commissioner and council are now required to maintain, renew, repair or repave any such street, alley or gutter; as the owner of property, shall be required to write after his signature thereto a brief description of the property so owned by him, and of the place of his residence in said city, and to annex thereto an affidavit that he is such resident and owner, and thereupon he shall be taken to be such resident and owner, and such petition shall be as valid and have the same effect as if such person were the owner of such property, and a resident of the city or district as stated in his affidavit, although in fact it should thereafter appear that he was not such owner or resident. The common council may order the grading, graveling and paving of streets and alleys, the paving of gutters and the making of sidewalks, without such petition, provided, however, that in the absence of such petition, the resolution of the common council ordering the work shall have been referred by the common council to one of its standing committees, and shall have been reported by such committee to the common council with their recommendation that it be adopted, provided, however, that all cost and expense of such repavement or other improvement, in case of such petition, in excess of the estimated cost of the work, made and filed in the office of the commissioner of public works, for the improvement of said street, alley or gutter, or part thereof, shall be chargeable to, and be made payable by, the lots fronting or abutting upon such street, alley or gutter, or part thereof, such excess to be apportioned by such commissioner to said lots, respectively, in proportion to the benefits adjudged by said commissioner to have been conferred by said repavement, or other improvements, in the same manner that the original improvement of streets, alleys or gutters are now lawfully chargeable to, and made payable by such lots; provided further, that the petition for such repavement, or other improvement, required in this act, as a condition of increased cost, shall as to form, qualification of petitioners and otherwise, conform to the requirements in case of petitions for other work chargeable to lots, and requiring a petition therefor, as provided in said s. 20, ch. 324, laws of [Wisconsin] 1882, of which section this act is in part amendatory. (Ch. Ord. 196, File #53-3331 Apr. 20, 1954; S. 8, Ch. Ord. 326, File #62-2554-e, Nov. 29, 1966.)
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/City-Charter/CH11.pdf#page=6Fetched: 10/26/2026