§ 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, unless such construction would be inconsistent with the manifest intent of the city council.

City. The term "the city" or "this city" shall mean the City of White Oak, in the County of Gregg and State of Texas.

City secretary, mayor, police chief or other city officers, agencies. The term "city secretary," "mayor," "police chief," or other city officers, employees, departments, boards, commissions or agencies shall be construed to mean the city secretary, mayor, police chief or such other city officers, employees, departments, boards, commissions or agencies, respectively, of the City of White Oak, Texas.

Charter. The term "Charter" shall mean the Charter of the city, as it now exists or as it may be amended in the future.

Code. The term "the Code" or "this Code," when used without further qualification, shall mean the Code of Ordinances, City of White Oak, 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— Similar provisions, V.T.C.A., Government Code § 311.014.

Council, councilmembers. Whenever the term "council" or "city council" or "councilmembers" is used, it shall mean the city council of the City of White Oak, Texas.

County. The term "county" shall mean Gregg County, Texas.

Gender. The masculine gender includes the feminine and neuter genders.

State Law reference— Similar provisions, V.T.C.A., Government Code § 312.003(c).

Highway. The term "highway" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

State Law reference— "Highway" defined, V.T.C.A., Transportation Code § 541.302(5).

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" shall be permissive.

Month. The term "month" shall mean a calendar month.

State Law reference— Similar provisions, V.T.C.A., Government Code § 312.011(7).

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

State Law reference— Similar provisions, V.T.C.A., Government Code § 311.005(1).

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 word "person" includes a natural individual, firm, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.

State Law reference— Similar provisions, V.T.C.A., 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.

State Law reference— "Preceding" defined, V.T.C.A., Government Code § 312.011(11).

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. The term "shall" shall always be mandatory and never permissive.

Sidewalk. The term "sidewalk" means the portion of a street that is:

(1)

Between a curb or lateral line of a roadway and the adjacent property line; and

(2)

Intended for pedestrian use.

State Law reference— Similar provisions, V.T.C.A., Transportation Code § 541.302(16).

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

State Law reference— Similar provisions, V.T.C.A., Government Code § 312.011(14).

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

Street. The term "street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

State Law reference— "Street" defined, V.T.C.A., Transportation Code § 541.302(5).

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 § 312.003(a).

V.A.T.S. The term "V.A.T.S." shall mean Vernon's Annotated Texas Statutes, as amended from time to time.

Vernon's Ann. C.C.P. The term "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 term "Vernon's Ann. Civ. St." shall mean Vernon's Annotated Civil Statutes, as amended from time to time.

V.T.C.A. The term "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 or figures, whether by writing, printing or other means.

State Law reference— Similar provisions, V.T.C.A., Government Code § 312.011(17).

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

State Law reference— "Year" defined, V.T.C.A., Government Code § 312.011(18).

(Code 1981, §§ 1.3, 6.140)

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.