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HomeMy WebLinkAboutOrdinances (O-99-1186)-12/31/1999 ORDINANCE 0-99-1186 AN ORDINANCE TO CLARIFY THE STANDARDS FOR CONSTRUCTION AND INTERPREATION OF ALL CITY OF COLLEYVILLE CODES, ORDINANCES, AND RESOLUTIONS WHEREAS, the City of Colleyville City Council seeks to clarify the standards for the construction and interpretation of all codes, ordinances and resolutions. NOW THEREFOREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT this ordinance applies to: (A) each code, ordinance and resolution enacted by the City Council of the City of Colleyville; (8) each amendment, repeal, revision, and reenactment of a code, ordinance or resolution by the City Council for the City of Colleyville or a subsequent City Council of the City of Colleyville; (C) each repeal of a code, ordinance or resolution; (0) each rule or regulation adopted under a code, ordinance or resolution. Sec,2 Rules Not Exclusive The rules provided in this section are not exclusive but are meant to describe and clarify common situations in order to guide the preparation and construction of codes, ordinances and resolutions. Sec. 3 General Definitions (A) The following definitions apply unless the code, ordinance, resolution or context in which the word or phrase is used require a different definition: (8) "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. (C) "Population" means the population shown by the most recent federal decennial census. (0) "Property" means real and personal property. Ordinance 0-99-1186 Page 2 of 7 (E) "Rule" includes regulation. (F) "Signed" includes any symbol, executed or adopted by a person with present intention to authenticate a writing. (G) "State," when referring to a part of the United States, includes any state, district, commonwealth, territory, and insular possession of the United States and any area subject to the legislative authority of the United States of America. (H) "United States" includes a department, bureau, or other agency of the United States of America. (I) "Week" means seven consecutive days. (J) "Year" means 12 consecutive months. (K) "Includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded. (L) "Month" means a calendar month. (M) "Written" or "in writing" includes any representation of words, letters, or figures, whether by writing, printing, or other means. Sec. 4 Common and Defined Usage of Words (A) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. (8) Words and phrases that are defined in a code, ordinance or resolution shall have the defined meaning for the purposes of construing only that code, ordinance or resolution. (C) A word or phrase defined in a particular code, ordinance or resolution shall not be used to construe a word or phrase in a different code, ordinance or resolution unless such code, ordinance or resolution also includes such definition or adopts the definition by incorporation or reference. Ordinance 0-99-1186 Page 3 of 7 Sec. 5 Sec. 6 Sec. 7 Tense, Number, and Gender (A) Words in the present tense include the future tense. (8) The singular includes the plural and the plural includes the singular. (C) Words of one gender include the other gender. Computation of Time (A) In computing a period of days, the first day is excluded and the last day is included. (8) 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. (C) 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 as 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. "May," "Shall," "Must," etc. The following constructions apply unless the context in which the word or phrase appears necessarily requires a different construction or unless a different construction is expressly provided by code, ordinance or resolution. (A) "May" creates discretionary authority or grants permission or a power. (8) "Shall" imposes a duty. (C) "Must" creates or recognizes a condition precedent. (0) "Is entitled to" creates or recognizes a right. (E) "May not" imposes a prohibition and is synonymous with "shall not." (F) "Is not entitled to" negates a right. (G) "Is not required to" negates a duty or condition precedent. Ordinance 0-99-1186 Page 4 of 7 See, 8 Sec. 9 See, 10 Sec. 11 See, 12 Intention in Enactment of Codes, Ordinances or Resolutions In enacting a code, ordinance or resolution, it is presumed that: (A) compliance with the constitutions of this state and the United States is intended; (8) the entire code, ordinance or resolution is intended to be effective; (C) a just and reasonable result is intended; (0) a result feasible of execution is intended; (E) public interest is favored over any private interest. Prospective Operation of Codes, Ordinances or Resolutions A code, ordinance or resolution is presumed to be prospective in its operation unless expressly made retrospective. Headings The heading of a title, subtitle, chapter, subchapter, or section does not limit or expand the meaning of a code, ordinance or resolution, Irreconcilable Codes, Ordinances and Resolutions and Amendments (A) If codes, ordinances or resolutions enacted by the same or different City Councils are irreconcilable, the code, ordinance or resolution latest in date of enactment prevails. (B) If amendments to the same code, ordinance or resolution are enacted by the same or different City Council, one amendment without reference to another, the amendments shall be harmonized, if possible, so that effect may be given to each. If the amendments are irreconcilable, the latest in date of enactment prevails. References Unless expressly provided otherwise, a reference to any portion of a code, ordinance, resolution, regulation or rule applies to all reenactments, revisions, or amendments of the code, ordinance, resolution, regulation or rule. Ordinance 0-99-1186 Page 5 of 7 Sec. 13 Sec. 14 Sec. 15 Repeal of Repealing Code, Ordinance or Resolution The repeal of a repealing code, ordinance or resolution does not revive the code, ordinance or resolution originally repealed nor impair the effect of any saving provision in it. Saving Provisions (A) Except as provided by Subsection (8), the reenactment, revision, amendment, or repeal of a code, ordinance or resolution does not affect: (1) the prior operation of the code, ordinance or resolution or any prior action taken under it; (2) any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred under it; (3) any violation of the code, ordinance or resolution or any penalty, forfeiture, or punishment incurred under the code, ordinance or resolution before its amendment or repeal; or (4) any investigation, proceeding, or remedy concerning any privilege, obligation, liability, penalty, forfeiture, or punishment; and the investigation, proceeding, or remedy may be instituted, continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the code, ordinance or resolution had not been repealed or amended. (8) If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of a code, ordinance or resolution, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the code, ordinance or resolution as amended. Severability of Codes, Ordinances or Resolutions (A) If any code, ordinance or resolution contains a provIsion for severability, that provision prevails in interpreting that code, ordinance or resolution. (8) If any code, ordinance or resolution contains a proVIsion for nonseverability, that provision prevails in interpreting that code, ordinance or resolution. (C) In a code, ordinance or resolution that does not contain a provision for severability or nonseverability, if any provision of the code, ordinance or resolution or its application to any person or Ordinance 0-99-1186 Page 6 of 7 Sec. 16 Sec, 17 Sec. 18 circumstance is held invalid, the invalidity does not affect other provisions or applications of the code, ordinance or resolution that can be given effect without the invalid provision or application, and to this end the provisions of the code, ordinance or resolution are severable. Liberal Construction (A) The codes, ordinances and resolutions of the City of Colleyville shall be liberally construed to achieve their purpose and to promote justice. (8) The common law rule requiring strict construction of codes, ordinances and resolutions in derogation of the common law does not apply. Grammar and Punctuation (A) A grammatical error does not vitiate a code, ordinance or resolution. If the sentence or clause is meaningless because of the grammatical error, words and clauses may be transposed to give the code, ordinance or resolution meaning. (8) Punctuation of a code, ordinance, or resolution does not control or affect City Council's intent in enacting the code, ordinance or resolution, Interpretation, Authority and Review (A) The City Council has the ultimate authority to interpret all codes, ordinances and resolutions. (8) The City Manager may, subject to appeal to and review by the City Council, interpret all codes, ordinances and resolutions. (C) Any person adversely impacted by the City Manager's interpretation of a code, ordinance or resolution may, within five (5) days of written notification of the City Manager's decision, file an appeal with the City Secretary. (0) If an appeal of the City Manager's decision is timely filed, the City Manager's decision and all actions authorized by such decision are stayed pending review by the City Council. Ordinance 0-99-1186 Page 7 of 7 AND IT IS SO ORDERED: The first reading and public hearing being conducted on the day of. ,1999. No action taken by Council after Public Hearing. The second reading and public hearing being conducted on the ,1999. day of / CITY OF COLLEYVILLE / ATTEST: Jean Harris, TRMC, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: / Ross T. Foster City Attorney