§ 1-2. Rules of construction and definitions.

In the construction of this Code and of all ordinances of this city, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the city council, would be repugnant to the context of the provisions or the context clearly requires otherwise.

Agencies or officers. Any reference to any federal, state or local agency or officer shall include any successor agency or officer.

City. The term "city" means the City of Tomball in the County of Harris in the State of Texas.

City council. The term "city council" means the governing body of the city.

Code. The term "Code" means this Code of Ordinances as designated and cited in section 1-1 above.

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 that 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 of 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— Similar provisions, V.T.C.A., Government Code § 311.014.

County. The term "county" means the County of Harris or the County of Montgomery in the State of Texas as the context requires.

Delegation of authority. Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designate otherwise.

Easement. The term "easement" means a right, liberty, privilege or advantage without profit which the owner of one parcel of land may have in the lands of another, and also includes a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right of the owner.

Gender. A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.

Generally. The term "generally" means all terms and phrases shall be construed and understood according to the common and approved usage of language; but technical terms and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

In the city or in this city. The term "in the city" or "in this city" means and includes any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.

Joint authority. The term "joint authority" means 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 specifically declared.

Law. The term "law" means any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

Month. The term "month' means a calendar month.

Number. The term "number" means any term importing the singular number shall include the plural, and any term importing the plural number shall include the singular.

Oath. The term "oath" means and includes 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."

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.

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only (i.e., "mayor," "secretary," "manager," "chief of police," etc.), they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.

Or, and. The term "or" may be read "and" and the term "and" may be read "or," if the context of the provision requires it.

Owner. The term "owner" means and includes, when applied to a building or land, 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 term "person" means and includes, and may be applied to, a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.

Personal property. The term "personal property" means and includes money, goods, chattels, and evidences of debt, things in action, and any other species of property, except real property.

Preceding or following. The term "preceding" or "following" means next before and next after, respectively.

Property. The term "property" means and includes real, personal and mixed property.

Public place. The term "public place" means any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

Public way. The term "public way" means any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

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

Reasonable time. In all cases where any section of this Code or city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Residence. The term "residence" means the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his residence.

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, and the term "may" is discretionary.

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.

Signature or subscription. The term "signature" or "subscription" means and includes a mark when the person cannot write, when his name is written near such mark and is witnessed by a person who writes his own name as witness.

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

Street. The term "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.

Tenant or occupant. The term "tenant" or "occupant," when applied to a building or land, means any person who occupies the whole or a part of such building or land, whether alone or with others.

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

V.T.C.A. The term "V.T.C.A." means and refers to the Vernon's Texas Code Annotated, as amended or revised now or in the future.

Writing or written. The term "writing" or "written" means and includes any representation of words, letters, symbols or figures; and includes typewriting, printing on paper and any other mode of representing words and letters.

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

(Code 1978, § 1-2; Code 1993, § 1-2)

State law reference

General definitions, V.T.C.A., Government Code § 311.005.