§ 1-2. Definitions; 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:

    Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

    City. The words "the city" or "this city" shall mean the City of Gainesville in the County of Cooke and the State of 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 be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

    Council. Whenever the words "city council" or "this council" or "the council" are used, they shall mean the City Council of the City of Gainesville, Texas.

    County. The term "the county" or "this county" shall mean the County of Cooke, Texas.

    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.

    Health officer. The term "health officer" means the health authority of the city, under the provisions of VTCS Article 4436b or his designee.

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

    Joint authority. Words purporting to give authority to three (3) 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, shall. The word "may" is permissive; the word "shall" is mandatory.

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

    Officers, departments, agencies. The words "city secretary," "chief of police" or words referring to other officers, departments or agencies shall be construed to mean the city secretary, chief of police or such other officers, departments or agencies respectively of the City of Gainesville, Texas.

    Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

    Owner. The word "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" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

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

    Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.

    Sidewalk. The word "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 word "signature" or "subscription" shall include a mark when a person cannot write.

    State. The words "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, tunnel, underpass, overpass or 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.

    VTCS. The initials "VTCS" shall mean "Vernon's Texas Civil Statutes," as amended.

    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 otherwise.

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

(Code 1970, § 1-3)

State law reference

Definitions for state law, VTCS Arts. 10.23 et seq., 5429b-2, 6701d.