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Ordinance 05-033 Establishes SVMC 10.05 ROW Dedication Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 05-033 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTAIILiSIHNG SPOKANE VALLEY CODE SECTION 10.05.450 – 10.05.455 ADOPTING REGULATIONS FOR . ACCEPTING RIGHT-OF-WAY DEDICATIONS, PROVIDING FOR SEVERAI3ILITY, AND EFFECTIVE DATE. WHEREAS, the City desires to have an organized process by which it accepts real property dedicated to the City for use as right-of-way for transportation purposes by the general public;and WHEREAS, most roads within the City have been, or are anticipated to be, dedicated to the City through the final platting process; and WHEREAS, there does not currently exist a regulatory mechanism for acceptance from private parties of real property for use as public roads in the City, except through the final platting process. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to establish a regulatory mechanism whereby real property can be dedicated to the City, and the City can accept the same, for public use for transportation purposes when dedication and acceptance through final platting is not appropriate. Section 2. New Sections to Chapter 10.05, entitled "Right-of-Way Dedication" are hereby added to the Spokane Valley Municipal Code to read as follows: Section 10.05.450 -Acceptance of Right-of-Way. No real property dedicated to public use by an owner of such property shall be deemed public right-of-way, or under the care or control of the City, unless the dedication has been accepted through passage of a resolution confirming the same by the City Council: This provision is not intended to change the dedication and acceptance process that occurs by operation of law under RCW 58.17 through the final platting process. Section 10.05.455 –Adoption of Procedures. The Public Works Director or designee shall adopt appropriate procedures to ensure that any dedication and acceptance is in accordance with adopted City or State law. Section 3. Severability. 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 constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five(5)days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 13th day of December, 2005. - • A T Mayor, Diana Wilhite Christine Bainbridge, City Clerk Approved As To Form_: / �J J Date of Publication: �3- +/ ,..✓�r4.1/ Effective Date: 0ffic of Cit Attorney Ordinance 05-033 Adopting Right-of-Way Dedication Process Page 1 of