ORDINANCE NO.907

ORDINANCE NO.907

AN ORDINANCE OF THE

CITY OF Sprague, WASHINGTON,

VACATING

CERTAIN UNIMPROVED

PORTIONS OF SIXTH

STREET SPOKANE STREET,

AND COLFAX STREET; CONTAINING

A SEVERABILITY

PROVISION,AND SETTING

AND EFFECTIVE DATE.

WHEREAS, in 2022, the City

Council initially discussed and

initiated a process to vacate

certain unimproved portions of

Sixth Street (also known as Conlee

Street) from Spokane Street

to Colfax Street , Spokane Street

from the South side of Porak

Street (also known as Fourth

Street) to Sixth Street (also

known as Conlee Street), and

Colfax Street from the South

side of Porak Street (also known

as Fourth Street) to Sixth Street

(also known as Conlee Street)

Hewitt & Kinnear’s Addition of

the City of Sprague (‘’Sixth Street

Vacation’’), due to the City’s lack

of need for the streets or rights

of way, and the encroachments

into such streets or rights of way;

however, the City failed to completed

the Sixth Street Vacation

at that time; and WHEREAS,

in June 2023, the City Council

decided to re-initiate the process

to complete the Sixth Street

Vacation, and WHEREEAS, the

City Council held a public hearing

on the Sixth Street Vacation

proposal on July 26, 2023 for the

purpose of hearing comments

for and against this right-ofway

vacation; and WHEREAS, after

consideration of all the facts and

circumstances surrounding the

right-of-way vacation petition,

the City Council has determined

that it is in the best interest of the

City to vacate the portions of the

right-of-way described in this

Ordinance; NOW, THEREFORE

THE CITY COUNCIL OF THE

CITY OF Sprague, WASHINGTON

DO ORDAIN AS FOLLOWS:

Section 1. A Public Hearing to

consider the Sixth Street Vacation

described in this Ordinance

was duly noted and a Public

Hearing was held on July 26,

2023, at 6:00 p.m., before the

City Council. One member of

the public appeared in person

to express concern about the

potential impact on the City

limits. 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.

Section Z. The following portions

of unimproved Sixth Street public

right-of-way are hereby vacated

as further depicted in Exhibit ‘’A’’

to this Ordinance (‘’Sixth Street

Vacation’’): Sixth Street (also

known as Conlee Street) from

Spokane Street to Colfax Street,

Spokane Street from the South

side of Porak Street (also known

as Fourth Street) to Sixth Street

(also known as Conlee Street),

and Colfax Street from the South

side of Porak Street (also known

as Fourth Street) to Sixth Street

(also known as Conlee Street)

Hewitt & Kinnear’ s Addition of

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 Sixth

Street Vacation.

Section 4. The vacation of rightof-

ways, pursuant to this Ordinance

will result in ownership

of the vacated right-of-ways by

operation of law. The City makes

no commitment or warranty as

to the specific ownership of the

vacated right-of-ways.

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 section, sentence,

clause or phrase 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 of this Ordinance.

Section 8. This Ordinance shall

take effect and be in full force five

(5) days after this Ordinance or

a summary thereof consisting of

the title is published.

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.

ATTEST:

CITY CLERK TREASURER

HEATHER KRAUTER

APPROVED

MAYOR SHAWN COOMBS

AS TO FORM:

OFFICE OF THE CITY ATTORNEY

JULIE K. NORTON

FILED WITH THE CITY CLERK:

8-30-23

PASSED BY THE CITY COUNCIL:

8-31-23

PUBLISHED 9-14-23:

EFFECTIVE DATE:9-4-23

ORDINANCE NO.901

Published September 14, 2023