ORDINANCE NO. 902

ORDINANCE NO. 902

AN ORDINANCE OF THE

CITY OF Sprague, WASHINGTON,

VACATING CERTAIN

UNIMPROVED

PORTIONS OF OAK FROM

OLD AIRPORT TO DIAMOND

AND VACATE DIAMOND

FROM OAK TO ALDER

STREET IN THE CITY OF

SPRAGUE;CONTAINING

SEVERABILITY PROVISION,

AND SETTING AND I:FFECTIVE

DATE. THE CITY

COUNCIL OF THE CITY OF

SPRAGUE, WASHINGTON

DO ORDAIN AS FOLLOWS:

Section 1. A Public Hearing to

consider the Fire Station Vacation

described in this Ordinance

was noted and a Public Hearing

was held on July 26, 2023, at

6:00 p.m., before the City Council.

No member of the public

appeared via written comment

to express their support and/or

opposition to the vacation

of right-of-way that is the subject

of this Ordinance. ORDINANCE

No902.

Section 2. The following portions

of unimproved Sixth Street public

right-of-way are hereby vacated

as further depicted in Exhibit

11A” to this Ordinance to vacate

Oak from Old Airport to Diamond

and Vacate Diamond from Oak

to Alder Street in the City of

Sprague.

Section 3. The City Council

hereby declares that the street or

alley is not presently being used

as a street or alley and that the

street or alley is not suitable for

any of the following purposes:

Port, beach or water access,

boat moorage, launching sites,

park, public view, recreation, or

education. The City Council further

finds the fair market value of

the vacated right-of-way to be $0

based on the size of the property

and the City’s need and desire

to pursue vacation to resolve

encroachment issues. Therefore,

the City Council finds that there

is no payment due for the Fire

Station Vacate.

Section 4. The vacation of rightsof-

way, pursuant to this Ordinance

will result in ownership of

the vacated rights-of-way by operation

of law. The City makes no

commitment or warranty as to the

specific ownership of the vacated

rights-of-way.

Section 5. This is a special Ordinance

of the City that shall not be

codified as part of the Sprague

Municipal Code.

Section 6. The City Clerk-Treasurer

is hereby directed to mail

a copy of this Ordinance to the

current owners of the Property abutting the right-of-way vacated

to provide the owners with notice

of this formal action of the City.

Section 7 If any sentence, phrase

or clause of this Ordinance

should be held to be invalid or

unconstitutional by a court of

competent jurisdiction, such

invalidity or unconstitutionality

shall not affect the validity or the

constitutionality of any other section,

sentence, clause or phrase

ofthis Ordinance.

Section 8 . This Ordinance shall

take effect and be in full force five

(5) days after this Ordinance or

Summary thereof consisting

of the title is published. ORDINANCE

NO. 902

Section 9. The City Clerk-Treasurer

is directed to record a

conformed copy of this ordinance

with the Lincoln County Auditor

following its passage and publication

as provided for herein.

APPROVED

MAYOR SHAWN COOMBS

ATTEST:

CITY CLERK-TREASURER

HEATHER KRAUTER

FILED WITH THE CITY CLERK:

8-30-23

PASSED BY THE CITY COUNCIL

8-3023

PUBLISHED: 9-1-23

EFFECTIVE DATE:9-4-23

ORDINANCE NO. 902•