2005-04-25 Regular Meeting, Public Hearing and Worshop Meeting of the La Porte City Council

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ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281471-1886 TELECOPIER 281471-2047 E-MAIL: kwaskinslIDaol com iohn-atB>swbell net ctaskinst!llswbell.net December 14, 2004 Honorable Mayor and City Council City of La Porte 604 W. Fairmont Pkwy. La Porte, TX 77571 RE: Section 106-171 (8), Code of Ordinances, City of LaPorte Dear Mayor and Council: I have been requested to provide an opinion regarding the City Council majority required to affirm or overturn a determination by the Planning and Zoning Commission. I direct you to Section 106-171(8) of the Code of Ordinances of the City of La Porte, which states: Vote to overrule: The affirmative vote of at least 3/4ths of the City Council is required to overrule a recommendation of the City Planning & Zoning Commission that a proposed change to this chapter or boundary be denied. (emphasis added) This section only applies if the Planning & Zoning Commission has voted to deny a change to the Zoning Ordinance or zoning boundaries. In a case where the City's Planning & Zoning Commission votes to approve a proposed change to Chapter 106 of the Code or a zoning boundary or classification, Section 106-171(8) of the Code of Ordinances of the City of La Porte does not apply, and all that is required is a simple majority of City Council to approve or disapprove a change to Chapter 106 of the Code or of a zoning boundary or classification. Since Section 106-171(8) of the Code specifically provides for .....The affirmative vote of at least 3/4ths of the City CounciL.", the question arises as to whether or not this indicates a required 3/4ths majority of the entire City Council (or 7 votes), or 3/4ths of the Council present and voting on the question at hand.