O-2022-3894 - amend Ch. 62, closing streets and alleys

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(5) A statement waiving any personal claims for damages against the city and further agreeing to save and hold harmless the city from any other claims that may arise against the city in vacating, abandoning and closing any street or alley or portion of a street or alley, under this article. (6) A statement by the applicant that the applicant agrees to pay for all expenses associated with the removal and/or relocation of city utilities and/or drainage infrastructure in the street or alley to be closed. (7) A statement by the applicant that the application shall be considered withdrawn if all required actions under this article have not been completed within six months from date of written notification by city to applicant, that the application is administratively complete." Section 2: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-33 "Recommendations of city attorney and director of public works department", is hereby amended by and shall hereinafter read as follows: "Sec. 62-33. - Recommendations of city attorney, city engineer, and director of public works department required. Upon the filing of an administratively complete application with supporting documents, as provided for in this article, the director of planning and development shall forthwith refer such application to the city attorney, city engineer, and the director of the public works department, each of whom shall examine such application and forthwith deliver his or her written recommendations concerning the legal, engineering, and operational aspects, respectively, of such application to the Planning and Zoning Commission and to the City Council. The city engineer in making such recommendations, shall give due consideration to the present use or nonuse of the street or alley, or portion of the street or alley, sought to be closed; traffic patterns in the area; proximity of other alleys or streets, and major and minor thoroughfares in the area; and the effect of the proposed closing of such street or alley, or portion of the street or alley, on access by fire and other emergency vehicles, and other city service vehicles, to adjacent property and property in the surrounding area. In addition, the city engineer and director of the public works department shall give due consideration to the location of city utilities and drainage infrastructure, if any, in such street or alley, or portion of such street or alley, together with any plans by the city for future extension/rehabilitation of utilities and drainage infrastructure within such street or alley, or portion of such street or alley." Section 3: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-35 "Final determination by city council; appraisal; conveyance; exemptions", is hereby amended and shall hereinafter read as follows: "Sec. 62-35. — Review and recommendation by Planning and Zoning Commission; Final determination by city council; appraisal; conveyance; exemptions. 2