ORDINANCE NO. 900

ORDINANCE NO. 900

AN ORDINANCE VACATING

THE N F STREET BETWEEN

W POPLAR STREET &

ALLEY NORTH OF ALDER

STREET (ALSO KNOWN AS

ALDER STREET) OF THE

CITY OF Sprague.

WHEREAS, the City Council

has received a petition from Rob

and Gina Simon requesting that

a portion of N F street between

W Poplar Street and Alley North

of Alder Street.

WHEREAS the petitioner is the

only property owner for property

immediately abutting the rightof-

way which is the subject of

the petition, and the petition

therefore contains signatures

of the owners of more than twothirds

of the abutting property

owners; and

WHEREAS, the City Council,

by passage of Ordinance 900

on May 19, 2023, established

June 6, 2023, as the date for a

public hearing to consider the

requested street vacation; and

WHEREAS the City Clerk posted

and published appropriate

notices of the public hearing as

required by RCW 35.79.020;

and

WHEREAS, the hearing was

held as scheduled on June

6, 2023, and all persons who

wished to testify were provided

an opportunity to do so, and

following which the City Council

gave first reading of the proposed

ordinance; and

WHEREAS, after consideration

of the testimony, the City Council

determined that the vacation

should be approved; and

WHEREAS the petitioner has

agreed to meet certain conditions

as set forth herein.

NOW, THEREFORE, the City

Council of the City of Sprague,

Washington, do hereby ordain

as follows:

THE CITY COUNCIL OF THE

CITY OF Sprague, WASHINGTON

DO ORDAIN AS FOLLOWS:

Section 1. Vacation. It was the

decision of the City Council

to recommend the petition for

vacation of the above described

property, with the reservation

that the City of Sprague hereby

reserves a perpetual easement

over and across that portion of

said property as hereby vacated

by this ordinance, for the

purpose of installing lines for

electrical and communication

distributing systems and for

laying of water and sewer lines

and further, the City reserves

the right to grant utility franchise

over and across said property.

The City also reserves the right

to go upon said vacated property

at any time for the purpose

of repairing any of said utilities.

Section 2. 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 3. Reservation of Utility

Easement. 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 4. 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 5. 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. At

that time the property owners of

the vacate has agreed to pay the

recording fees.

APPROVED: Sean Coombs,

Mayor, City of Sprague

ATTEST:Heather Krauter, Treasurer-

Clerk, City of Sprague

FILED WITH THE CITY CLERK:

May 19, 2023

PASSED BY THE CITY COUNCIL:

June 28, 2023

PUBLISHED: September 21,

2023

EFFECTIVE DATE:July 3, 2023

ORDINANCE NO. 900

S U M M A R Y O F O R -

D I N A N C E N O . 9 0 0

of the City of Sprague, Washington

On the 21st day of September,

2023, the City Council of the

City of Sprague, Washington,

passed Ordinance No. 900. A

summary of the content of said

ordinance, consisting of the title,

provides as follows:

AN ORDINANCE OF THE CITY

OF Sprague, WASHINGTON,

VACATING CERTAIN

UNIMPROVED PORTIONS

OF SIXTH STREET AND SPOKANE

STREET; CONTAINING

A SEVERABILITY PROVISION,

AND SETTING AND EFFECTIVE

DATE.

The full text of this Ordinance

will be mailed upon request.

DATED this 21st day of September,

2023.

Published September 21, 2023