The ordinances embraced in this and the following chapters and
sections shall constitute and be designated the "Code of Ordinances,
City of Alamo Heights, Texas" and may be so cited.
(1965 Code, sec. 1-1)
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
(1965 Code, sec. 1-2)
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 council:
Generally.
Words shall be construed in their common and usual significance
unless the contrary is clearly indicated.
Alderman.
The word "alderman" shall mean a member of the city council,
other than the mayor, and shall include the term "councilman."
City.
The words "the city" or "this city" shall mean the City of
Alamo Heights, in the County of Bexar and State of Texas.
City secretary, chief of police or other city officers.
The words "city secretary," "chief of police" or other city
officers or departments shall be construed to mean the city secretary,
chief of police or such other municipal officers or departments, respectively,
of the city.
Code.
The word "Code" shall mean the Code of Ordinances, City of
Alamo Heights, Texas printed as Part II of this volume.
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 shall be had,
the day on which such notice is given or such act is done shall be
counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
Council.
Whenever the words "council" or "this council" or "the council"
are used, they shall mean the city council of the City of Alamo Heights,
Texas.
County.
The term "county" or "this county" shall mean the County
of Bexar, Texas.
Gender.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships, associations and
corporations as well as to males.
Highway.
The term "highway," when used in this Code, shall include
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.
Joint authority.
Words purporting to give authority to three (3) 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 word "month" shall mean a calendar month.
Number.
Any word importing the singular number shall include the
plural and any word importing the plural number shall include the
singular.
Oath.
The word "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 words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Or, and.
"Or" may be read "and," and "and" may be read "or," if the
sense requires it.
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" shall extend and be applied to associations,
corporations, firms, partnerships and bodies politic and corporate
as well as to individuals.
Preceding, following.
The words "preceding" and "following" mean next before and
next after, respectively.
Roadway.
The word "roadway" shall mean that portion of a street improved,
designed or ordinarily used for vehicular traffic.
Shall, will.
The word "shall" is mandatory, the word "will" is permissive.
Sidewalk.
The word "sidewalk" shall mean 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.
The words "the state" or "this state" shall be construed
to mean the State of Texas.
Street.
The term "street," when used in this Code, shall include
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.
Time.
Words used in the past or present tense include the future
as well as the past and present.
Written or in writing.
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
Year.
The word "year" shall mean a calendar year.
(1965 Code, sec. 1-3)
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
Code are severable and, if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code, since the
same would have been enacted by the city council without the incorporation
in this Code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(1965 Code, sec. 1-6)
Nothing in this Code or the ordinance adopting this Code shall
affect any ordinance:
(1) Promising
or guaranteeing the payment of money for the city, or authorizing
the issuance of any bonds of the city or any evidence of the city's
indebtedness, or any contract or obligation assumed by the city;
(2) Granting
any right or franchise and establishing any rates therefor;
(3) Dedicating,
naming, establishing, locating, relocating, opening, paving, widening,
vacating, etc., any street or public way in the city;
(4) Making
any appropriation;
(5) Levying
or imposing taxes, not inconsistent with this Code;
(6) Establishing
or prescribing grades in the city;
(7) Providing
for local improvements and assessing taxes therefor;
(8) Dedicating
or accepting any plat or subdivision in the city;
(9) Adopting,
extending or contracting the boundaries of the city;
(10) Prescribing
the number, classification, or compensation of any city officers or
employees, not inconsistent herewith;
(11) Prescribing
traffic regulations for specific locations or streets, or portions
thereof, not inconsistent with this Code;
(13) Any
other ordinance, or part thereof, which is not of a general and permanent
nature; and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code. Such ordinances are on file in the city secretary's
office.
(1965 Code, sec. 2-1; Ordinance
2109 adopted 9/24/2018)