§ 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 commission, the following definitions and rules shall be observed, unless such construction would be inconsistent with the intent of the city commission:

    Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. If there is 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" means the Charter of the City of Alton, as now or hereafter amended.

    City. The term "city" means the City of Alton, Hidalgo County, Texas.

    City commission or commission. The term "city commission" or "commission" means the city commission of the City of Alton.

    City officers, boards, commissions, departments, etc. References to an officer, a board, a commission or a department are references to an officer, board, commission or department of the city. Reference to an officer shall be deemed to include authorized deputies, agents or representatives to which powers or duties are delegated by such officer.

    Code. The term "Code" means the Code of Ordinances, City of Alton, Texas, as designated in section 1-1.

    Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

    State Law reference— Similar provisions, V.T.C.A., Government Code § 311.014.

    Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that the term "or" may be read "and," and the term "and" may be read "or," if the sense requires it:

    (1)

    "And" indicates that all the connected terms, conditions, provisions or events apply.

    (2)

    "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

    (3)

    "Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

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

    Gender. Words of one gender include all other genders.

    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.

    May. The term "may" is to be interpreted as being permissive and not mandatory.

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

    Must. The term "must" is be interpreted as being mandatory.

    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."

    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" includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity. 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" mean next before and next after, respectively.

    Shall. The term "shall" is to be construed as being mandatory.

    Signature or subscription. The term "signature" or "subscription" includes any symbol executed or adopted by a person with present intention to authenticate a writing.

    State. The term "state" means the State of Texas.

    State codes, state acts. References to Texas Codes or to state acts are to such codes or acts as now or hereafter amended.

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

    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" means 12 consecutive months.

(Code 1996, §§ 10.03, 10.05, 10.06)