§ 1-2. Rules of construction and definitions.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following rules and definitions shall be observed, unless such construction would be inconsistent with the manifest intent of the mayor and city council:

    City. The term "city" means the City of Marksville, Parish of Avoyelles, Louisiana. Wherever the term "town" is used, it shall refer to the City of Marksville.

    City council or council. The term "city council" or "council" means the City Council of Marksville, Louisiana. The term also is synonymous with the phrase "governing body." Wherever the term "board of aldermen" is used, it shall refer to the City Council of the City of Marksville.

    City manager. The duties of the city manager shall include those of clerk, secretary, treasurer, tax collector and purchasing agent of the city, unless otherwise designated by the city council. Wherever the term "town manager" is used it shall refer to the city manager.

    Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it means the Code of Ordinances, City of Marksville, Louisiana, as designated in section 1-1.

    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.

    Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

    Gender. A term importing one gender only shall extend and be applied to other genders and to firms, partnerships and corporations as well.

    Joint authority. All terms giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

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

    Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

    Number. A term importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

    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."

    Officers, generally. Wherever any officer is referred to by title, such as "clerk," "chief of police," "mayor," etc., such reference shall be construed as if followed by the words "of the City of Marksville."

    Parish. The term "the parish" or "this parish" means the Parish of Avoyelles.

    Person. The term "person" extends and is applied to a number of persons and to associations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals.

    Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.

    Property. The term "property" includes real and personal property.

    R.S. The abbreviation "R.S." means the official Revised Statutes of Louisiana, as amended.

    Shall, may. The term "shall" is mandatory and the term "may" is permissive.

    Signature or subscription. The term "signature" or "subscription" includes a mark when the person cannot write.

    State. The term "the state" or "this state" shall be construed to mean the State of Louisiana.

    Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

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

    Week. The term "week" shall be construed to mean seven days.

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

(Code 1972, § 1-2)