The ordinances and certain resolutions of Henderson County, as codified by General Code, LLC, and consisting of the Chapters
1 through
230, together with an Appendix, shall be known collectively as the "Code of Henderson County," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of Henderson County to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1993 Code and ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Fiscal Court of Henderson County, and it is the intention of said Fiscal Court that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All ordinances of a general and permanent nature of Henderson
County in force on the date of the adoption of this ordinance, inconsistent
with the provisions contained therein, and not contained in such Code
or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any
right or liability established, accrued or incurred under any legislative
provision of Henderson County prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of Henderson County
or any penalty, punishment or forfeiture which may result therefrom.
C. Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of Henderson County.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by Henderson County.
E. Any
ordinance of Henderson County providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
Henderson County or any portion thereof.
F. Any
ordinance of Henderson County appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of Henderson County or other
instruments or evidence of the County's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H. The
levy or imposition of special assessments or charges.
I. The
annexation or dedication of property.
J. Any
ordinance relating to salaries and compensation.
K. Any
ordinance amending the Zoning Map or providing for variances or PUD
approvals.
L. Any
ordinance relating to or establishing a pension plan or pension fund
for County employees.
M. Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the County.
N. Any
ordinance adopted subsequent to August 12, 2014.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance included in this Code
now or through supplementation shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of Henderson
County" or any new ordinances, when enacted or adopted in such form
as to indicate the intention of the Fiscal Court to be a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the Code shall be understood and intended to include such additions,
deletions, amendments or supplements. Whenever such additions, deletions,
amendments or supplements to the Code shall be enacted or adopted,
they shall thereafter be published as amendments and supplements to
the Code. Nothing contained in this ordinance shall affect the status
of any ordinance contained herein, and such ordinances may be amended,
deleted or changed from time to time as the Fiscal Court deems desirable.
Any person who, without authorization from the County Clerk, changes or amends, by additions or deletions, any part or portion of the Code of Henderson County or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Henderson County to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined as set forth in Chapter
1, Article
III, of the Code for each offense.
The provisions of this ordinance are hereby made Article
I of Chapter
1 of the Code of Henderson County, such ordinance to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this ordinance shall be numbered §§
1-8 to
1-10, inclusive.
This ordinance shall be in full force and effect following publication
as provided by law.