§ 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, as it now exists or as it may be amended in the future.
City. The term "the city" or "this city" shall mean the City of Clute, in the County of Brazoria and the State of Texas.
City council. The term "council" or "city council" shall mean the City Council of Clute, constituting the governing body of the city.
City manager, city secretary, city clerk. Any reference in this Code or any uncodified ordinance of the city to "city manager" shall mean the officer of the city appointed pursuant to the provisions of section 7.01 of the Charter, and any reference in this Code or any such ordinance to "city secretary" or "city clerk" shall mean the "city clerk" appointed pursuant to the provision of section 7.01A of such Charter unless the context requires a different construction. Provided, however, where the office of city clerk is vacant, then "city secretary" and "city clerk" shall mean "city manager."
Charter reference— Application of Charter to city manager and city clerk, § 15.21.
City officers and departments. Whenever reference is made to an officer, employee, department, board, commission or agency, such reference shall be construed as if followed by the words "of the City of Clute, Texas," and, unless otherwise limited, shall include all their duly designated deputies, assistants and agents.
Code. Whenever the term "Code" or "this Code" is referred to without qualification, it shall mean the Code of Ordinances, City of Clute, Texas, as designated in section 1-1.
Computation of time.
(1)
In computing a period of days, the first day is excluded and the last day is included.
(2)
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.
(3)
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— Computation of time, V.T.C.A., Government Code § 311.014.
County. The term "county" or "this county" shall mean the County of Brazoria, Texas.
Gender. Words of one gender include the other genders.
State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(c).
Health authority. The term "health authority" shall mean the county health authority.
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, dedicated or devoted to public use.
It is an exception, except. Whenever in this Code the phrase "it is an exception" or the term "except" is used, such phrase or term shall be construed to mean "it is a defense to prosecution" as that term is used in V.T.C.A., Penal Code § 2.03.
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.
State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(b).
Oath. The term "oath" shall be construed to include an affirmation, and the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Or, and. "Or" may be read "and," and "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" includes an individual, company, 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."
State Law reference— Similar provisions, V.T.C.A., Government Code § 311.005(2).
Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.
Roadway. The term "roadway" means the portion of a highway, other than the berm or shoulder, that is improved, designed or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.
State Law reference— Similar provisions, V.T.C.A., Transportation Code § 541.302(11).
Shall, may. The term "shall" is mandatory; the term "may" is permissive.
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 any symbol executed or adopted by a person with present intention to authenticate a writing.
State Law reference— Similar provisions, V.T.C.A., Government Code § 311.005(6).
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; except that, 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 same remains in effect.
State. The term "the state" or "this 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, dedicated or devoted to public use.
Tense. Words used in the past or present tense include the future as well as the past and present.
State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(a).
Vernon's Ann. C.C.P. The designation "Vernon's Ann. C.C.P." shall mean Vernon's Annotated Code of Criminal Procedure, as amended from time to time.
Vernon's Ann. Civ. St. The designation "Vernon's Ann. Civ. St." shall mean Vernon's Annotated Civil Statutes, as amended from time to time.
V.T.C.A. The designation "V.T.C.A." shall mean Vernon's Texas Codes Annotated, as amended from time to time.
Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, symbols or figures, whether by printing or otherwise.
State Law reference— "Written" defined, V.T.C.A., Government Code § 311.005(11).
Year. The term "year" shall mean 12 consecutive months.
(Code 1976, § 1-3)
State law reference
Code Construction Act, V.T.C.A., Government Code § 311.001 et seq.; construction of Local Government Code, V.T.C.A., Local Government Code § 1.002; application of Penal Code definitions, V.T.C.A., Penal Code § 1.03.