The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Madisonville, Texas" and may be so cited. Such Code may also be cited as the "Madisonville Code."
(Code 2014, § 1-1)
State law reference(s)—Authority of city to adopt civil and criminal code of ordinances, V.T.C.A., Local Government Code § 53.001 et seq.
In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
City. The term "city" means the City of Madisonville, in the County of Madison and the State of Texas.
City boards, committees, commissions, officers, employees, etc. Whenever reference is made to a board, committee, commission, officer, employee, etc., in this Code, it shall be construed to mean that of the City of Madisonville, Texas.
Code. The term "Code" means the Code of Ordinances, City of Madisonville, 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 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.
State law reference(s)—Similar provisions, V.T.C.A., Government Code § 311.014.
Council, city council. Whenever the term "council" or "city council" is used, it means the City Council of the City of Madisonville, Texas.
Councilmember. The term "councilmember" shall be construed to mean a member of the city council of the City of Madisonville.
County. The term "county" means the County of Madison in the State of Texas.
Day. The term "day" means the period of time between any 12:00 midnight and the 12:00 midnight following.
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 term importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
State law reference(s)—Gender, V.T.C.A., Government Code §§ 311.012, 312.003.
Highway. The term "highway" includes 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.
State law reference(s)—Similar definitions, V.T.C.A., Transportation Code § 541.302(11).
In the city. The term "in the city" means and includes all territory within the city limits or within the city's extraterritorial jurisdiction which the city has or shall hereafter acquire.
State law reference(s)—Extraterritorial jurisdiction of city, V.T.C.A., Local Government Code § 42.001 et seq.
Joint authority. Terms 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.
State law reference(s)—Joint authority, V.T.C.A., Government Code § 312.004.
May. The term "may" shall be construed as being permissive.
Month. The term "month" means a calendar month.
State law reference(s)—Definition of month, V.T.C.A., Government Code § 312.011(7).
Must. The term "must" shall be construed as being mandatory.
Number. Any term importing the singular number shall include the plural and any term importing the plural number shall include the singular.
State law reference(s)—Number, V.T.C.A., Government Code § 312.003(b).
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."
State law reference(s)—Oath, swear, V.T.C.A., Government Code §§ 311.005(1), (8), 312.011(8), (16).
Official time standard. Whenever certain hours are named in this Code, they mean Central Standard Time or Central Daylight Saving Time, as may be officially in current use in the state.
Or, and. The term "or" may 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, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or the whole or of a part of such building or land.
Person. The term "person" extends and is applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
State law reference(s)—Person defined, 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(s)—Preceding, V.T.C.A., Government Code § 312.011(11).
Property. The term "property" includes real and personal property.
State law reference(s)—Property, V.T.C.A., Government Code § 312.011(13).
Public place. The term "public place" means any public street, alley, square, highway, grounds, or other place owned by the city.
Real property. The term "real property" includes lands, tenements and hereditaments.
Roadway. The term "roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, the term "roadway" as used herein refers to any such roadway separately but not to all such roadways collectively.
Shall. The term "shall" shall be construed as being mandatory.
Sidewalk. The term "sidewalk" means 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.
State law reference(s)—Similar provisions, V.T.C.A., Transportation Code § 316.001.
Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.
State law reference(s)—Signature, V.T.C.A., Government Code § 312.011(14).
State. The term "state" shall be construed to mean the State of Texas.
Street. The term "street" includes 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.
State law reference(s)—Similar definition, V.T.C.A., Transportation Code § 541.302(5).
Tense. Terms used in the past or present tense include the future as well as the past and present.
State law reference(s)—Tense, V.T.C.A., Government Code § 312.003(a).
Vernon's Ann. Civ. St. The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to Vernon's Annotated Civil Statutes.
State law reference(s)—Statutory references, V.T.C.A., Government Code § 312.008.
V.T.C.A. The abbreviation "V.T.C.A." means and refers to the latest edition or supplement of Vernon's Texas Code Annotated. The provisions of V.T.C.A., Penal Code titles 1, 2 and 3 (V.T.C.A., Penal Code § 1.01 et seq., 6.01 et seq., and 12.01 et seq.) shall apply in the interpretation of all penal provisions of this Code to the extent that the Penal Code mandates that they shall apply.
State law reference(s)—Statutory references, V.T.C.A., Government Code § 312.008.
Written or in writing. The term "written" or "in writing" shall be construed to include any representation of terms, letters or figures, whether by printing or otherwise.
State law reference(s)—Written, in writing defined, V.T.C.A., Government Code § 312.011(17).
Year. The term "year" means a calendar year.
State law reference(s)—Similar definitions, V.T.C.A., Government Code § 311.001 et seq.; application of titles 1, 2 and 3 of Texas Penal Code, V.T.C.A., Penal Code § 1.03.
(Code 2014, § 1-2)
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