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HomeMy WebLinkAboutOrdinance No. 2010-30 (Title: An ordinance amending the City Code by revising the definition of "City" to provide that the City of Friendswood is located in both Galveston and Harris counties.) { ORDINANCE NO. 2010-30 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS AMENDING CHAPTER 1, GENERAL PROVISIONS, OF THE CITY OF FRIENDSWOOD CODE OF ORDINANCES, BY AMENDING SECTION 1-2 "DEFINITIONS" TO PROVIDE THAT THE "CITY" IS LOCATED IN BOTH GALVESTON AND HARRIS COUNTIES; HAVING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cityof Friendswood Texas, herein the "City"), ( ty ), is a home-rule city located in both Harris and Galveston counties; and WHEREAS, the current definition and reference to the City of Friendswood in the City Code only refers to the City as being located in Galveston County; WHEREAS, the current definition in the City Code is inaccurate and does not reflect the location of part of the City in Hams County; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That Chapter 1, GENERAL PROVISIONS, of the Code of Ordinances, City of Friendswood, Texas is hereby amended by amending section 1-2 to read and provide as follows: "Chapter 1 GENERAL PROVISIONS Sec. 1-2. Definitions and rules of construction. In the construction of this Code, and 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 city council: City The term 'city" shall mean the City of Friendswood located in the [Ceuntyj Counties of Galveston and Harris. State of Texas. City manager, city secretary, chief of police or other city officers . The terms 'city manager," 'city secretary," 'chief of police" and other city officers, boards, committees,; commissions or departments shall be construed to mean the city manager, city secretary, chief of police or such other city officers, boards, committees, commissions or departments, respectively,, of the city. Reference to an officer or employee by title shall include his duly authorized assistants or representatives. Code . Whenever the term "Code" is used in this Part H to the Code, it shall mean the Friendswood City Code. 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 not be counted in computing the time, but the day on which such proceeding is to be had shall be counted. Council, city council . Whenever the term 'council" or 'city council" is used, it shall mean the city council of the City of Friendswood, Texas. [Geunty The teEm "eounty" shall mean the County of Galveston. 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 . Words shall be construed in their common and usual significance unless the contrary is clearly indicated. Month . The term "month" shall mean a calendar month. Number . 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" 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 terms "swear" and "sworn" shall be equivalent to the terms "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. Owner . The term '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 term "person" shall extend and be applied to associations, corporations, firms, partnerships, fiduciaries, representatives and bodies politic and corporate as well as to individuals. Preceding,following . The terms "preceding" and "following" mean next before and next after,respectively. Signature or subscription . The term "signature" or "subscription" shall include a mark when a person cannot write. State . The term "state" shall be construed to mean the State of Texas. Street .'The term "street" shall have its commonly accepted meaning, and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way. Tense . Terms used in the past or present tense include the future as well as the past and present. Ord.2010-30 2 Tex. Admin. Code, TAC . These terms refer to the Texas Administrative Code. Vernon's Ann. Civ. St . The abbreviation "Vernon's Ann. Civ. St." shall mean and include the most recent edition or supplement of Vernon's Annotated Texas Statutes, Vernon's Annotated Civil Statutes, and Vernon's Texas Civil Statutes. V.T.C.A . The abbreviation "V.T.C.A." shall mean the most recent edition or supplement of Vernon's Texas Codes Annotated. Written or in writing . The term "written" or "in writing" shall be construed to include! any representation of words, letters or figures, whether by printing or otherwise. Year . The term "year" shall mean a calendar year." Section 2. Severability. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, j declares that it would have passed each and every part of the same notwithstanding the omission of I any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. Section 3. Codification. It is the intent of the City Council of the City of Friendswood, Texas, that the provisions of this ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 4. Effective Date. The Ordinance is effective upon adoption, as provided for in section 3.11(c) of The City Charter. PASSED AND APPROVED on first reading this 4ch day of October,2010. PASSED, APPROVED, and ADOPTED on second and final reading this 18`h day of October,2010. David J.UAmith Mayor ATTEST: OF f-VEp06% Melinda Welsh,TRMC City Secretary s �qTE OF t�1P`O Ord.2010-30 3