PART II: CITY CODE
Section
1-1 How code designated and cited
1-2 Rules of construction and definitions
1-3 Provisions considered as continuations of existing ordinances
1-4 Catchlines of sections
1-5 Severability of parts of code
1-6 General penalty for violations of code; continuing violations
1-7 Ordinances—Amendments or additions to code
1-8 Same—Recording; ordinance books as evidence
1-9 Prosecution not required to negative exceptions
1-10 City exempt from posting bond
1-11 Reserved
1-11.1 Standard of care for emergency action
1-12 Certain ordinances not affected by code
The ordinances embraced in this and the following chapters and sections shall constitute and be designated the “Code of the City of Fort Worth, Texas,” and may be so cited. Such code may also be cited as “Fort Worth City Code.”
(1964 Code, § 1-1)
Charter reference:
Council to provide for periodic revision and publication of ordinances, see Ch. XXV, § 5
Statutory reference:
Provisions of Home Rule Act as to codification of ordinances, Texas Local Government Code Ch. 53; provisions of state law in regard to admission of printed codes in evidence, see Texas Local Government Code § 53.006
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 council.
CITIZEN. Unless otherwise defined, a citizen shall be a person who resides within the city limits of Fort Worth.
CITY. The words “the city” or “this city” shall mean the City of Fort Worth, in the County of Tarrant and State of Texas.
CITY SECRETARY, CHIEF OF POLICE OR OTHER OFFICERS. The words “city secretary,” “chief of police” or other city officers or departments shall be construed to mean the city secretary, chief of police or such other municipal officers or departments, respectively, of the City of Fort Worth, Texas.
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 which 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.
COUNCIL. Whenever the words “council” or “this council” or “the council” are used, they shall be construed to mean the city council of the City of Fort Worth, Texas.
DELEGATION OF AUTHORITY. Whenever a provision appears requiring a city officer or employee to do some act or make certain inspections it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designates otherwise.
GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
HIGHWAY. The term “highway,” when used herein, shall include any street, alley, highway, avenue or public place or square, bridges, viaducts, tunnels and causeways, in the city, dedicated or devoted to public use.
Charter reference:
Similar provision, see Ch. XXII, § 2
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 word “month” shall mean a calendar month.
Statutory reference:
Similar provisions, see V.T.C.A., Government Code § 312.011(7)
NUMBER. Any words 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.”
Statutory reference:
Similar provisions, see V.A.C.S. Art. 23(4)
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. The knowledge and acts of agents or employees of corporations or firms shall be held to be the knowledge and acts of such corporation or firm.
Statutory reference:
“Person” to include “corporation,” see V.T.C.A., Government Code § 312.011(10)
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.
Statutory reference:
Similar provisions, see V.T.C.A., Government Code § 312.011(14); references to state statutes may be cited as follows: “V.A.C.S.,” “V.T.C.S.;” “Tex. Rev. Civ. Stat. Ann.;” “Revised Civil Statutes;” “Revised Civil Statutes of Texas.”
STREET. The term “street,” when used herein, shall include any highway, alley, street, avenue or public place or square, bridges, viaducts, tunnels and causeways, in the city, dedicated or devoted to public use.
Charter reference:
Similar provisions, see Ch. XXII, § 2
TENSE. Words used in the past or present tense include the future as well as the past and present.
WRITTEN OR IN WRITING. The words “written” or “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
YEAR. The word “year” shall mean a calendar year.
Statutory reference:
Similar provisions, see V.T.C.A., Government Code § 312.011(18)
The provisions appearing in this and the following chapters and sections, so far as they are the same as those of ordinances existing at the time of the adoption of “The Code of the City of Fort Worth,” shall be considered as a continuation thereof and not as new enactments.
(1964 Code, § 1-2)
The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(1964 Code, § 1-3)
Charter reference:
Corporate seal, see Ch. II, § 1
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional phrase, clause, sentence, paragraph or section.
(1964 Code, § 1-4)
Loading...