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

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ORDINANCE NO.2022-3894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", ARTICLE II "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY REVISING RIGHT-OF-WAY CLOSURE APPLICATION STANDARDS TO REQUIRE RELOCATION OF CITY UTILITIES AND ADDING PLANNING AND ZONING COMMISSION REVIEW; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-31 "Application -Generally", is hereby amended and shall hereinafter read as follows: "Sec. 62-31. - Application —Generally. Any adjacent property owner seeking the consent of the city council to vacate, abandon and close any street or alley, or portion of a street or alley, within the city limits, shall file a written application with the city secretary requesting that such street or alley, or portion of a street or alley, be vacated, abandoned and closed. Such street or alley, or portion of a street or alley, sought to be closed, shall be defined in the application. All persons owning any property adjacent to such street or alley, or portion of a street or alley, shall join in such application. In addition, such application shall include the following: (1) A statement by the applicant of the reason for the request. (2) A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portion of a street or alley, by a licensed state public surveyor, drawn to a scale of not less than one -inch equals 50 feet, shall be attached to such application. The director of planning, or his designee, may waive this requirement where, in his sole determination, a recorded plat contains sufficient evidence to determine legal description and area of property sought to be vacated, abandoned and closed. (3) An opinion letter by a duly licensed state attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion of a street or alley, sought to be closed, shall be attached to such application. In addition, there shall be attached to such opinion letter, either original or photocopies of the recorded instrument vesting fee simple title in the applicant, and an original or photocopy of the owner's title policy issued by a reputable title insurance company doing business in the county, guaranteeing the title to the applicant's adjacent property. (4) A cashier's check payable to the city in payment of the application fee established by this article.