PUBLIC NOTICE ORDINANCE NO. 903

PUBLIC NOTICE

ORDINANCE NO. 903

AN ORDINANCE OF THE CITY

OF Sprague, WASHINGTON,

VACATING CERTAIN

UNIMPROVED PORTIONS OF

SIXTH STREET B STREET TO

HIGHWAY 23; CONTAINING A

SEVERABILITY PROVISION,

AND SETTING AND EFFECTIVE

DATE.

WHEREAS, the City of Sprague,

Washington, has received a

petition signed by a owner of at

least one half (1/2) of the property

abutting a portion of unused

6th street to Highway 23, located

within the City of Sprague, Washington,

requesting that the same

be vacated; and,

WHEREAS, on August 16, 2023,

an application and petition for the

vacation of public property was

received; and,

WHEREAS, in conformity with

the legal requirements, the

Sprague City Council passed

Resolution No. 2023-17 on August

30,2023, setting a public

hearing regarding this proposed

vacation on September 27,

2023; and,

WHEREAS, in conformity with

the legal requirements proper

notice of the public hearing was

posted and mailed to all required

parties; and,

WHEREAS, on September 27,

2023, said public hearing was

held before the Sprague City

Council having only one public

speaker and no objections to the

proposed vacation; and,

WHEREAS the City Council

must consider certain factors

prior to authorizing a vacation of

public property; and,

WHEREAS, it is the finding of

the City Council of the City of

Sprague that vacation is appropriate

in this instance after

full consideration of the factors

in that vacation will benefit the

public by returning the property

to the tax rolls, in that the right of

way is not needed for public use

or access, and in that conditions

are not likely to change in the

future as to provide a greater use

or need for the right-of-way than

presently exists; and,

WHEREAS, the City Council of

the City of Sprague, Washington,

has considered all matters presented

at the public hearing on

the proposed vacation, hearing

no objection to this vacation,

and does hereby find that the

vacation of said property is appropriate

and that the transfer of

property at issue in this matter in

the manner set forth below is in

best interests of the public.

NOW, THEREFORE, THE CITY

COUNCIL OF THE CITY OF

SPRAGUE, WASHINGTON

DO ORDAIN as a non-codified

ordinance 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 September

27, 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 2. The City shall retain

an easement or the right to

exercise and grant easements

in respect to the vacated land

for the construction, repair, and

maintenance of existing public

utilities and services.

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.

This Ordinance shall be in full

force and effect five (5) days after

publication as required by law.

If the condition of transfer is not

completed within one hundred

twenty (120) days of the effective

date of this Ordinance, this

Ordinance shall be null and void.

ADOPTED by the City Council

this 7th day of November 2023.

APPROVED: MAYOR SHAWN

COOMBS

ATTEST: CITY CLERK-TREASURER

HEATHER KRAUTER

Published November 2, 2023