4.04.130 Pre-condemnation negotiations between city and property owner.

(A) City's Duty to Acquire Property through Agreement with Owner, if Possible. The city shall make every reasonable effort to acquire the property through negotiation and agreement with the owner, rather than through an eminent domain action in court.

(B) Manner of Conducting Negotiations with Owner. The city shall give the owner a reasonable time to consider the city's written offer to purchase the property and any additional information provided by the city and shall make reasonable efforts to discuss the offer with the owner. The owner shall be given an opportunity to present material which he or she believes relevant to the issue of the value of the property and to suggest modifications in the terms and conditions of the city's purchase of the property. The city shall carefully consider any information presented by the owner.

(C) Adjustments in City's Appraisal Based on New Information or Delay. If information presented by the owner or a material change in the condition of the property indicates a need for a new appraisal, or if a significant delay has occurred since the determination of just compensation, the city shall update its appraisal to reflect these circumstances. If a change in the city's determination of just compensation is warranted, the city shall make appropriate adjustments and forward a new written offer which meets the requirements of Section 4.04.110 to the owner for consideration.

(D) City's Payment of Expenses Incidental to Purchase of Property Acquired Through Successful Negotiations with Owner. If the city successfully acquires the property by purchase after negotiations with the owner, the city shall pay reasonable expenses incidental to the sale of land to the city. Such reasonable expenses shall include, but are not limited to: recording fees, transfer fees and similar

expenses incidental to the conveyance of real property, and the pro rata portion of charges for public services such as water, sewage and trash collection which are attributable to a period subsequent to the date of transfer of title to the city or the effective date of possession by the city, whichever is earlier. The city shall inform the property owner(s) that he or she may apply for a rebate of the pro rata portion of any real property taxes paid.