§ 1-3. Rules of construction.

In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following rules contained in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the council:

Charter. The term "Charter" when used in this Code, means the Charter of the City of Rockwall printed in Part I of this volume.

City. The term "city" means the City of Rockwall, in Rockwall County, Texas.

City officers, boards, committees, employees, or departments. The terms designating any city officers, boards, committees, employees or departments means the officers, boards, committees, employees or departments, respectively, of the City of Rockwall, Texas.

Code. The term "the Code" or "this Code" means "The Rockwall City Code."

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 or step in a proceeding shall be had, the day on which such notice is given, such act is done, shall not be counted in computing the time, but the day on which such proceeding or step in a proceeding is to be had shall be counted; except as otherwise expressly provided in this Code. 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.

State Law reference— Similar provisions, V.T.C.A., Government Code § 311.014.

Council; city council. The term "council" or "city council" means the mayor and councilmembers acting as the city council of Rockwall, Texas.

County. The term "county" means Rockwall County, Texas.

Delegation of authority. Whenever a section of this Code requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty, unless the terms of the section specifically designate 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.

State Law reference— Similar provisions, V.T.C.A., Government Code §§ 311.012, 312.003.

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

Joint authority. Provisions 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" means a calendar month, except as otherwise specified in this Code.

Number. Any term importing the singular number includes the plural and any term importing the plural number includes the singular.

Oath. The term "oath" includes 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."

Official time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time, as may be in current use in the city.

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, of the whole or of a part of such building or land, except as otherwise defined in this Code.

Person. The term "person" extends and is applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

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.

Property. The term "property" includes real and personal property, and "mixed" if the sense used so indicates.

Real property. The term "real property" includes lands, tenements and hereditaments.

Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.

Shall, may. The term "shall" is mandatory; the term "may" is permissive.

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, all or a part of which is intended for the use of pedestrians.

Sidewalk area. The term "sidewalk area" means the space between the lateral line of the roadway and the boundary separating the public right-of-way and the adjacent private property.

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

State. The term "the state" or "this state" means the State of Texas.

Street. The term "street" includes any highway, alley, street, avenue, public place or square, bridge, viaduct, culvert, underpass, overpass, tunnel, causeway or other public way in the city, dedicated or devoted to public use.

Tense. Terms used in the past or present tense include the future as well as the past and present.

Vernon's Ann. Civ. St. The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to the Vernon's Annotated Civil Statutes.

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.

State Law reference— Statutory references, V.T.C.A., Government Code § 312.008.

Written or in writing. The term "written" or "in writing" includes any representation, other than oral, of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year, except as otherwise provided in this Code.

(Code 1982, § 1-3)

State law reference

Construction of words and phrases, V.T.C.A., Government Code § 311.011 et seq.