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<br />ASKINS & ARMSTRONG, P. C. <br />ATTORNEYS AT LAW <br /> <br />KNOX W. ASKINS <br />JOHN D. ARMSTRONG <br /> <br />702 W. FAIRMONT PARKWAY <br />P. O. BOX 1218 <br />LA PORTE, TEXAS 77572-1218 <br /> <br />January 10, 1992 <br /> <br />TELEPHONE 713 471-1886 <br />TELECOPIER 713 471-2047 <br /> <br />Honorable Mayor and Council <br />City of La Porte <br />P.O. Box 1115 <br />La Porte, Texas 77572-11L5 <br /> <br />RE: City of La Porte enforcement of private deed <br />restrictions relating to carports <br /> <br />Dear Honorable Mayor and Council: <br /> <br />Upon passage of Ordinance 1501-N on December 9, 1991, The City <br />Council requested that the City Attorney review the City of La <br />Porte's ability to enforce private deed covenants and restrictions <br />that prohibit the location of carports in areas now allowed under <br />City of La Porte zoning regulations. <br /> <br />At the December 9, 1991 meeting of the Council at which <br />Ordinance 1501-N was considered, I represented to the Council that <br />the City of La Porte is not empowered under state law to enjoin or <br />otherwise utilize private civil remedies to prohibit the <br />construction of carports that are permitted by the City of La <br />Porte's Zoning Ordinance, but yet prohibited by the existence of <br />private deed restrictions or building set-back lines. <br /> <br />continued research into the issue further substantiates the <br />above view. <br /> <br />The Legislature of the state of Texas, in Vernon's Texas Codes <br />Annotated, Local Government Code Chapter 230, discusses municipal <br />enforcement of deed restrictions. section 230.001 of the Local <br />Government Code specifically indicates that only municipalities <br />that do not have zoning ordinances are allowed to sue in a court <br />of competent jurisdiction to enjoin or abate a violation contained <br />or incorporated by reference in a properly recorded plan, plat, or <br />other instrument that effects a subdivision located inside the <br />boundaries of the municipality. Chapter 230 also requires that in <br />order to maintain such a suit, the municipality must pass an <br />ordinance allowing it to uniformly apply and enforce deed <br />restrictions, but does not allow municipalities that have zoning <br />ordinances to pass such an ordinance. <br /> <br />Thus, enforcement of deed restrictions by the City of La Porte <br />is not allowed by the State Legislature. The City's Zoning <br />Ordinance, Ordinance No. 1501, provides in part that whenever a <br />private covenant or restriction conflicts with the terms of the <br />Zoning Ordinance, that the most restrictive requirement shall <br />prevail. This is a standard zoning ordinance provision that is <br />