Article I - Adoption of Code
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 11-18-1998; 6-20-2001;
§ 1-1.Adoption of Code
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.
§ 1-2.Code Supersedes Prior Legislation
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.
§ 1-3.Continuation of Existing Provisions
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.
§ 1-4.When Effective
This ordinance shall take effect immediately upon passage and publication according to law.
§ 1-5.Copy of Code on File
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.
§ 1-6.Amendments to Code
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
§ 1-7.Publication; Filing
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
§ 1-8.Code Book to Be Kept Up-To-Date
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.
§ 1-9.Altering or Tampering With Code; Penalties for Violation
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.
§ 1-10.Severability of Code Provisions and Ordinance Provisions
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.
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.
§ 1-11.Definition of Legislation
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.
§ 1-13.Legislation Saved From Repeal
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:
Any legislation adopted subsequent to December 1, 1997.
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
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful
contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances or resolutions pertaining to the rate and manner of payment of
salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for County employees.
The Personnel Resolution adopted on September 21, 1988, and all amendments thereto.
The Vested Rights Ordinance adopted on November 4, 1996, and all amendments thereto.
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.
The Budget Ordinance adopted on June 30, 1998, and all amendments thereto.
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.
The bylaws of any board or committee of Henderson County and all amendments thereto.
The Budget Development Resolution adopted on September 8, 1998, and all amendments thereto.
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.
§ 1-13.1.Changes in Previously Adopted Legislation
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.
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
§ 1-13.2.Legislation and Further Amendments to Be Included In Initial Supplement
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.