4.04.050 Acquisition of nonprofit, special use property by city.

(A) Definition of Nonprofit Special Use Property. For the purposes of this section, "nonprofit, special use property" shall be defined to mean property which is operated for a special nonprofit, tax-exempt use, such as a school, church, cemetery, hospital or similar property, but not to include property owned by a public entity.

(B) City's Duty to Seek Alternative Property for Municipal Project. Before making an offer to purchase nonprofit, special use property or initiating negotiations with the property owner(s), the city shall make every reasonable effort to find alternative property that may be acquired for the project that is not nonprofit, special use property.

(C) Permissible Uses of Nonprofit, Special Use Property by City. The requirements of subsection B of this section shall not apply to property acquired by the city for the following purposes:

(1) Transportation projects, including but not limited to, the construction, expansion or improvement of streets, highways, or railways; or

(2) Water, sewer, electricity, telephone, natural gas, or flood control facilities, or rights-of-way, where the city's acquisition of the property for these purposes will not require the removal or destruction of existing improvements, or cause the property to become unfit for the owner's present or proposed use.