§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

    City. The word "city" shall mean the City of Decatur, Texas, and shall extend to and include its several officers, agents and employees.

    City council, council. The terms "city council" and "council" shall mean the city council of the City of Decatur, Texas.

    Code. The word "Code" shall mean the Code of Ordinances of the City of Decatur, Texas.

    County. The term "county" shall mean the County of Wise, Texas.

    Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

    Gender. Words used in the masculine gender in this Code or in other ordinances of the city include the feminine and neuter unless a contrary intention plainly appears.

    Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

    Number. Words used in the singular number in this Code or in other ordinances of the city include the plural, and the plural the singular, except where a contrary intention plainly appears.

    Oath. The word "oath" shall 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."

    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" includes natural persons, corporations (private and public), partnerships, all other unincorporated organizations, trusts, estates, government agencies, and other legal entities, except when a contrary intention plainly appears.

    Personal property. The term "personal property" includes every species of property except real property.

    Property. The word "property" shall include real, personal and mixed property.

    Public place. The term "public place" shall mean any place subject to the primary control of any public agency, including but not limited to any park, street, public way, cemetery, or open space adjacent thereto and any lake or stream.

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

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

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

    State. The terms "the state" and "this state" shall mean the State of Texas.

    Street. The word "street" shall embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city.

    Tenant, occupant. The words "tenant" and "occupant" applied to a building or land shall include any person holding a written or oral lease of, or who occupies the whole or part of such building or land, either alone or with others.

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

    V.T.C.A. The abbreviation "V.T.C.A." shall mean the latest edition or supplement of Vernon's Texas Codes Annotated.

    Vernon's Ann. Civ. St. The words "Vernon's Ann. Civ. St." shall mean the latest edition or supplement of Vernon's Annotated Civil Statutes.

    Written and in writing. The words "written" and "in writing" shall include any representation of words, letters or figures, whether by printing or otherwise.

(Code 1975, §§ 9-1—9-5)

State law reference

Similar definitions, V.T.C.A., Government Code § 311.005; application of Titles 1, 2 and 3 of Penal Code, V.T.C.A., Penal Code § 1.03.