CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY

Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinance
10.17 Ordinances which amend or supplement code
10.18 Section histories; statutory references
10.19 Altering or tampering with code

10.99 General penalty

§ 10.01 TITLE OF CODE.
This codification of ordinances by and for the municipality of McGregor, Texas, shall be designated
as the “Code of McGregor, Texas,” and may be so cited.
Statutory reference:
Authority of municipality to codify ordinances, see Tex. Loc. Gov’t Code, Chapter 53

§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction,
definition, and application shall govern the interpretation of this code as those governing the nterpretation of state law.

§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted
amending or supplementing this code, unless otherwise specifically provided.

§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and section numbers are
employed for reference purposes only and shall not be deemed a part of the text of any section.

§ 10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their plain or ordinary and usual sense.
However, technical words and phrases having a peculiar and appropriate meaning in law shall be
understood according to their technical import.

(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.

CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. The City of McGregor, Texas.

CODE, THIS CODE, or THIS CODE OF ORDINANCES. This municipal code, as modified
by amendment, revision, and adoption of new titles, chapters, or sections.

COUNCIL. The legislative body of the city.

COUNTY. McLennan County, Texas.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. 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.

OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office,
employee, commission, or department of this municipality unless the context clearly requires otherwise.

PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of Texas.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.

WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed.

§ 10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be by the following rules, unless that
construction is plainly repugnant to the intent of the legislative body or of the context of the same
ordinance.

(A) AND or OR. Either conjunction shall include the other as if written “and/or,” if the sense requires
it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent
or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act
by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to
include the feminine and neuter genders; words in the singular shall include the plural, and words in the
plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the
class enumerated unless expressly so limited.

§ 10.07 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid
provision or application.

§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, the reference shall extend and
apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the
subject matter is changed or materially altered by the amendment or revision.

§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of
this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the functionary.

§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word
or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be the official time within
this municipality for the transaction of all municipal business.

§ 10.12 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires
reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is
necessary for a prompt performance of the act or the giving of the notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding
the first day and including the last. If the last day be Sunday, it shall be excluded.

§ 10.13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

§ 10.14 ORDINANCES UNAFFECTED.
(A) All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not
embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication, including but not limited to the following types of ordinances:

(1) Any ordinance guaranteeing or promising the payment of money for the municipality or authorizing the issuance of any bonds of the municipality or any evidence of the municipality’s indebtedness;

(2) Any appropriation ordinance or ordinance providing for an annual budget or prescribing salaries for municipal officers and employees;

(3) Any ordinance annexing territory to the municipality or discontinuing territory as a part of the municipality;

(4) Any ordinance designating or otherwise relating to municipal depositories;

(5) Any ordinance granting any franchise, permit, or other right;

(6) Any ordinance approving, prescribing, or otherwise relating to rates to be charged by private
utility companies;

(7) Any ordinance approving, authorizing, or otherwise relating to any contract or agreement;

(8) Any ordinance accepting, dedicating, vacating, or otherwise relating to any easement; and

(9) Any ordinance establishing or amending the zoning designation of land.

(B) All ordinances of the types mentioned in division (A) are hereby recognized as continuing in full
force and effect to the same extent as if set out at length herein.

§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take effect from and after the
due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall
take effect from their passage, unless otherwise expressly provided.

§ 10.16 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent
ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect
thereto, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged,
but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force, unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed,
the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

§ 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of that chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

§ 10.18 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance,
and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads
substantially the same as the statute. Example: (Tex. Loc. Gov’t Code, § 54.001) (Ord. 10, passed
1-17-1980; Am. Ord. 20, passed 1-1-1985)

(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this
indicates that the reader should refer to that statute for further information. Example:

§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see Tex. Loc. Gov’t Code, §§ 552.001 et seq.

§ 10.19 ALTERING OR TAMPERING WITH CODE.
It shall be an offense for any unauthorized person to change or amend, by addition or deletion, any
part or portion of this code, or to insert or delete any pages or portions thereof, or to alter or to tamper with this code in any manner whatsoever which will cause a law of the city to be misrepresented thereby.
Penalty, see § 10.99

§ 10.99 GENERAL PENALTY.
(A) Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor, or whenever in the code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided
therefor, the violation of any provision of this code or any ordinance shall be punished by:

(1) A fine not to exceed $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, and public health and sanitation other than vegetation and litter violations;

(2) A fine not to exceed $2,000, if a motor vehicle is used in illegal dumping or an offense under the law or city ordinance violated by the illegal dumping; and

(3) A fine not to exceed $500 in all other cases, provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.

(B) Each day any violation of this code or of any ordinance shall continue shall constitute a separate
offense. In the event that any violation is designated as a nuisance under the provisions of this code, the
nuisance may be summarily abated by the City Manager or the Chief of Police or their assigns.
Statutory reference:
Municipal penalties, see Tex. Loc. Gov’t Code, § 54.001