§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

    Charter. The term "Charter" shall mean the Charter of the City of Palestine as printed in part I of this volume.

    City. The term "city" shall mean the City of Palestine in the County of Anderson and State of Texas.

    City boards, committees, commissions, departments, officers and employees. Reference to city boards, committees, commissions, departments, officers and employees shall be construed to mean the boards, committees, commissions, departments, officers and employees of the City of Palestine, Texas.

    Code. The term "Code" shall mean this Code of Ordinances, City of Palestine, Texas.

    Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.

    Council. The term "council" or "city council" shall mean the city council of the City of Palestine, Texas.

    Councilmember. Whenever the term "council- member" is used in this Code, it shall mean the mayor and six councilmembers elected by district.

    County. The term "county" shall mean the County of Anderson, 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 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 or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city that is 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. Any word importing the singular number shall include the plural, and any word importing the plural number 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 "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

    Official time standard. Whenever certain hours are named in this Code they shall mean standard time or daylight saving time as may be in current use in the city.

    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, firms, partnerships and bodies politic and corporate, as well as to individuals.

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

    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.

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

    Street. The term "street" shall include any highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel and causeway in the city that is dedicated or devoted to public use.

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

    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.

    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.

    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.

    Year. The term "year" shall mean a calendar year.

(Code 1968, § 1-3)

State law reference

Definitions, V.T.C.A., Government Code § 311.001 et seq.