§ 1-2. Definitions and rules of construction  


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  • In the construction of this Code and of all ordinances and resolutions passed by the city council, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council. In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be controlling.

    Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out.

    City. The term "city" means the City of Albany, in the County of Shackelford and State of Texas.

    Code. The term "Code" means the "Code of Ordinances, City of Albany, Texas" or the "Albany City Code."

    Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.

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Similar provision, Texas Government Code § 311.014.

Council, city council. Whenever the terms "council" and "city council" are used, they shall be construed to mean the city council of the City of Albany, Texas.

County. The term "county" means Shackelford County, Texas.

Delegation of authority. Whenever a section of this Code requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty, unless the terms of the section specifically provide otherwise.

Gender. A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Similar provision, Texas Government Code §§ 311.012, 312.003.

In the city. The term "in the city" means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police, regulatory and other powers.

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.

Similar provision, Texas Government Code § 312.004.

Month. The term "month" means a calendar month.

Similar provision, Texas Government Code § 312.011(7).

Number. Any term importing the singular number shall include the plural, and any term importing the plural number shall include the singular.

Similar provision, Texas Government Code § 312.003(b).

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 "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Similar provision, Texas Government Code § 312.011(8).

Officers, departments, boards, committees, commissions, employees. The officers, departments, boards, commissions and employees referred to in this Code mean the officers, departments, boards, committees, commissions and employees of the city, unless the context clearly indicates otherwise.

Official time standard. Whenever certain hours are named in this Code, they shall mean Central Standard Time or Central Daylight Saving Time, as may be officially in current use in the state.

Similar provision, Texas Government Code § 312.016.

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, includes 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" extends and is applied to associations, corporations, firms, partnerships and bodies politic and corporate, as well as to persons, whether acting individually, in concert, or in any representative capacity.

Similar provision, Texas Government Code § 311.005(2).

Personal property. The term "personal property" includes every species of property, except real property as defined in this section.

Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.

Similar provision, Texas Government Code § 312.011(11).

Property. The term "property" includes real and personal property.

Similar provision, Texas Government Code § 312.011(13).

Public place. The term "public place" means any public street, alley, square, highway, grounds, house or premises; or any hotel, restaurant, boardinghouse, grocery, saloon, garden, workshop or other place, or part of the same, to which people usually resort, or have a right to resort, for business or pleasure.

Real property. The term "real property" includes lands, tenements and hereditaments.

Roadway. The term "roadway" means that portion of a highway other than the berm or shoulder that is improved, designed or ordinarily used for vehicular travel. If a highway includes two or more separate roadways, the term "roadway" as used in this definition shall refer to any such roadway separately.

Similar provision, Texas Transportation Code § 541.301(11).

Shall, may. The term "shall" is mandatory, and the term "may" is permissive.

Similar provision, Texas Government Code § 311.016(1), (2).

Sidewalk. The term "sidewalk" means any portion of the street between the curblines, or the lateral lines of the roadway, and the adjacent property lines, intended for the use of pedestrians.

Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.

Similar provision, Texas Government Code § 312.011(14).

State. The term "state" shall be construed to mean the State of Texas.

Street or highway. The term "street" or "highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.

Similar provision, Texas Transportation Code § 541.301(5).

Tense. Words used in the past or present tense include the future, as well as the past and present.

Similar provision, Texas Government Code § 312.003(a).

Tex. Admin. Code. This refers to the Texas Administrative Code.

Texas [subject] Code. This identifies a specific subject matter code of legislatively adopted statutes, as classified and numbered by the Texas Legislative Council under authority of Vernon's Ann. Civ. St. art. 5429b-1, predecessor to Texas Government Code § 323.007.

Vernon's Ann. Civ. St. The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to Vernon's Annotated Civil Statutes.

V.T.C.A. The abbreviation "V.T.C.A." means and refers to the latest edition or supplement of Vernon's Texas Code Annotated.

Statutory references, Texas 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 printing or otherwise.

Similar provision, Texas Government Code § 312.011(17).

Year. The term "year" means a calendar year.

Similar provision, Texas Government Code § 312.011(18).