§ 1-3. 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" means the City of Elgin in the County of Bastrop and the County of Travis in the State of Texas.

City council. Whenever the term "city council," or "the council," are used, it means the City Council of Elgin in the County of Bastrop and the County of Travis in the State of Texas.

Council member. The term "council member," as used in this Code, means a member of the governing body of the City of Elgin, Texas.

County. The term "county" means the County of Bastrop and/or the County of Travis, whichever is applicable, in the State of 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 designate otherwise.

Gender. Throughout this Code, words used expressing masculine gender shall be construed to include the feminine and firms, partnerships and corporations as well as the male gender.

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

Highway. The term "highway" includes any roadway owned and maintained by the state.

State Law reference— Definition of highway, 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— Extraterritorial jurisdiction of city, V.T.C.A., Local Government Code § 42.001 et seq.

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.

State Law reference— 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— Definition of month, 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— 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— 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 shall 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 "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. Whenever the term "person" or its plural form are used in this Code, it means any person, firm, corporation, partnership, association of persons, owner, agent or occupant 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.

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

Property. The term "property" includes real and personal property.

State Law reference— Property, V.T.C.A., Government Code § 312.011(13).

Public place. Whenever the term "public place" is used in this Code, unless otherwise specifically defined, it means any public road, street, alley, park, building or other property of 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, shall refer 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 right-of-way between the curb, or the lateral line of the roadway and the adjacent property line.

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

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

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

State Law reference— Similar definition, 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— Tense, V.T.C.A., Government Code § 312.003(a).

Vernon's Ann. Civ. St. The term "Vernon's Ann. Civ. St." means and refers to the latest edition or amendment of the Vernon's Annotated Civil Statutes of Texas.

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

V.T.C.A. The acronym "V.T.C.A." means and refers to the latest edition or amendment of the Vernon's Texas Codes Annotated.

State Law reference— 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 words, letters or figures, whether by printing or otherwise.

State Law reference— Written, in writing defined, V.T.C.A., Government Code § 312.011(17).

Year. The term "year" means a calendar year.

(Code 1990, ch. 1, § 3(B)—(I))

State law reference

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.