Article I - Meetings

The ordinances and resolutions of Henderson County of a general and permanent nature adopted by the Board of Commissioners of Henderson County, as revised, codified and consolidated into chapters and sections, and consisting of Chapters 1 through 999, are hereby approved, adopted, ordained and enacted as the "“Henderson County Code",” herein after referred to as "“the Code"”.

This ordinance and the Henderson County Code shall supersede all other general and permanent legislation enacted prior to the enactment of this Henderson County Code, except such legislation as is herein after expressly saved from repeal or continued in force.

The provisions of the Henderson County Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Henderson County Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.

This ordinance shall take effect immediately upon passage and publication according to law.

A copy of the Henderson County Code shall be certified to by the County Clerk, and such certified copy shall remain on file in the office of said County Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. Certified copies of the entire Henderson County Code, individual sections, articles, or chapters can be obtained from the County Clerk for a reasonable fee.

Any and all additions, deletions, amendments or supplements to the Henderson County Code, when adopted in such form as to indicate the intention of the Board of Commissioners to make them apart thereof, shall be deemed to be incorporated into such Henderson County Code so that reference to the "Code of Henderson County" 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 adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Henderson County Code as amendments and supplements thereto.

The Clerk of Henderson County, pursuant to law, shall cause to be published, in the manner required by law, a copy of a Notice of Adoption. Sufficient copies of the Henderson County Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Henderson County Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Henderson County Code for all purposes.

It shall be the duty of the County Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Henderson County Code required to be filed in the Clerk's office for use by the public. All changes in said Henderson County Code and all legislation adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Henderson County Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Henderson County Code book, at which time such supplements shall be inserted therein.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Henderson County Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of Henderson County to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the maximum fine as provided by law.

1. Each section of the Henderson County Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
2. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

The term "legislation" as used in this Adoption Ordinance shall mean any and all written ordinances or resolutions having the effect of law and being duly adopted by the Board of Commissioners pursuant to statute. Specifically excluded from this definition are those policies or guidelines that are intended to be purely advisory in nature and those administrative polices, directives, procedures and/or regulations adopted by the Board of Commissioners or any other County Board, Committee or official.

All legislation or parts of legislation of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Henderson County Code are hereby repealed as of the effective date of this Adoption Ordinance, except as herein after provided.

The adoption of this Henderson County Code and the repeal of legislation provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

1. Any legislation adopted subsequent to December 1, 1997.
2. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
3. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
4. 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.
5. Any franchise, license, right, easement or privilege heretofore granted or conferred.
6. Any ordinance or resolution 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 or any portion thereof.
7. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the County's indebtedness.
8. Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
9. The levy or imposition of taxes, assessments or charges.
10. The annexation or dedication of property or approval of preliminary or final subdivision plats.
11. All currently effective ordinances or resolutions pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
12. Any legislation relating to or establishing a pension plan or pension fund for County employees.
13. The Personnel Resolution adopted on September 21, 1988, and all amendments thereto.
14. The Vested Rights Ordinance adopted on November 4, 1996, and all amendments thereto.
15. The Resolution Authorizing the Henderson County Manager to Receive Bids, Award Bids, Reject Bids, Re advertise to Receive Bids, or Waive Bid Bonds or Deposits or Performance and Payment Bond Requirements for the Purchase of Apparatus, Supplies, Materials, or Equipment adopted on August 20, 1997, and all amendments thereto.
16. The Budget Ordinance adopted on June 30, 1998, and all amendments thereto
17. The Rules of Procedure for the Henderson County Board of Commissioners, the Cane Creek Water and Sewer District Board of Commissioners and the Mud Creek Water and Sewer District Board of Commissioners adopted November 2, 1992, and all amendments thereto.
18. The bylaws of any board or committee of Henderson County and all amendments thereto.
19. The Budget Development Resolution adopted on September 8, 1998, and all amendments thereto.
20. The Henderson County Policy Regarding the Sale of Real Property Owned by Henderson County as Result of a Tax Foreclosure Sale adopted on December 23, 1992, and all amendments thereto.

1. In compiling and preparing the ordinances and resolutions for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.
2. In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, as set forth in Schedule A attached hereto and made a part hereof.

The following additions, changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, unless such additions contain an earlier effective date, as set forth in Schedule B attached hereto and made a part hereof.