§ 1-2. Definitions and rules of construction.
In the construction of this Code and of all ordinances and resolutions passed by the city council, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the city council:
Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Charter. The term "Charter" shall mean the Charter of the City of Nacogdoches, Texas, as printed in part I of this volume.
City. The term "city" shall mean the City of Nacogdoches in the County of Nacogdoches and State of Texas.
City boards, committees, commissions, officers and departments. Whenever reference is made to boards, committees, commissions, officers or departments, it shall be construed as if followed by the phrase "of the City of Nacogdoches, Texas." Reference to such boards, committees, commissions, officers and departments shall be deemed to include authorized deputies, agents or representatives.
City council. The term "city council" shall mean the city council of the City of Nacogdoches.
Code. The term "Code" shall mean the Code of Ordinances, City of Nacogdoches, Texas, as designated in section 1-1.
Computation of time. In computing any period of time mentioned in this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
County. The term "county" shall mean the County of Nacogdoches, Texas.
Delegation of authority. Whenever a provision or section appears requiring a city officer or employee to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection, unless the terms of the provision or section designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
Highway. The term "highway" shall include any street, alley, highway, avenue, public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city, dedicated or devoted to public use.
Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
Month. The term "month" shall mean a calendar month.
Number. A word importing the singular number shall include the plural, and any word importing the plural shall include the singular.
Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "affirm" and "affirmed" shall be equivalent to the terms "swear" and "sworn."
Or, and. The term "or" may be read "and," and the term "and" may be read "or," if the sense requires it.
Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The term "person" shall extend and be applied to associations, corporations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals. Where criminal prosecution may lie, the officers of any corporation shall jointly and severally be subject to prosecution as being included within the term "person."
Preceding, following. The terms "preceding" and "following" shall mean next before and next after, respectively.
Property. The term "property" shall include both real and personal property.
Roadway. The term "roadway" shall mean that portion of a street improved, designed, or ordinarily used for vehicular traffic.
Sidewalk. The term "sidewalk" shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.
Signature or subscription. The term "signature" or "subscription" shall include a mark when a person cannot write.
Standard time. All hours of time mentioned in this Code refer to and shall be determined by Central Standard Time, or Central Daylight Saving Time, as the case may be. However, if at any future time any different standard of time is established by the state for an area which includes this city, all such hours shall be determined by such officially proclaimed standard, so long as the standard remains in effect.
State. The term "state" shall be construed to mean the State of Texas.
Street. The term "street" shall be construed to include any street, avenue, boulevard, road, alley, lane and viaduct in the city, dedicated and devoted to public use.
State Law reference— Similar provisions, V.T.C.A., Transportation Code § 541.302(5).
Tense. Words used in the present or past tense include the future, as well as the present or past.
State Law reference— Tense, V.T.C.A., Government Code § 312.003(a).
Vernon's Ann. Civ. St. The abbreviation "Vernon's Ann. Civ. St." shall mean the latest edition or supplement to Vernon's Annotated Civil Statutes.
State Law reference— Statutory references, V.T.C.A., Government Code § 312.008.
V.T.C.A. The abbreviation "V.T.C.A." shall mean and refer to the latest edition or supplement of Vernon's Texas Code Annotated.
State Law reference— Statutory references, V.T.C.A., Government Code § 312.008.
Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by writing, printing or otherwise.
Year. The term "year" shall mean a calendar year.
(Code 1971, § 1-2; Ord. No. 1535-11-09, § 3, 11-17-2009)
State law reference
Construction of laws, definitions, V.T.C.A., Government Code § 311.001 et seq.
Charter reference
Rules of construction, art. VII, § 5 et seq.