[Adopted 7-9-1999 by Ord. No. 99-1]
The ordinances and certain resolutions of the Town of Henlopen Acres, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Henlopen Acres, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 130, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Henlopen Acres, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they
are substantively the same as those of ordinances and certain resolutions
in force immediately prior to the enactment of the Code by this ordinance,
are intended as a continuation of such ordinances and certain resolutions
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 Commissioners of the Town of
Henlopen Acres, and it is the intention of said Commissioners that
each such provision contained within the code is hereby reaffirmed
as it appears in the code.
A copy of the Code, in loose-leaf form, has
been filed in the Town office of the Town of Henlopen Acres and shall
remain there for use and examination by the public until final action
is taken on this ordinance; and, if this ordinance shall be adopted,
such copy shall be certified to by the Town office of the Town of
Henlopen Acres by impressing thereon the Seal of the Town, and such
certified copy shall remain on file in the Town office made available
to persons desiring to examine the same during all times when said
Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code or any new ordinances and certain resolutions,
when enacted or adopted in such form as to indicate the intention
of the Commissioners 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 printed
and, as provided hereunder, inserted in the loose-leaf book containing
said Code as amendments and supplements thereto.
It shall be the duty of the Town office or such
other authorized person to keep up-to-date the certified copy of the
book containing the Code of the Town of Henlopen Acres required to
be filed in the Town office for use by the public. All changes in
said Code and all ordinances and certain resolutions adopted by the
Commissioners subsequent to the enactment of this ordinance in such
form as to indicate the intention of said Council to be a part of
said Code shall, when finally enacted or adopted, be included therein
by temporary attachment of copies of such changes or ordinances and
certain resolutions are printed as supplements to said Code book,
at which time such supplements shall be inserted therein.
A.
Each section of the Code and every part of each section
is an independent section or part of a 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 section or part thereof.
B.
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.
All ordinances and certain resolutions of a
general and permanent nature of the Town of Henlopen Acres in force
on the date of the adoption of this ordinance 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 and certain resolutions provided for in § 1-7 of this ordinance shall not affect the following classes of ordinances and certain resolutions, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Henlopen Acres 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
the Town of Henlopen Acres 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 the Town of Henlopen Acres.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Henlopen Acres.
E.
Any ordinance of the Town of Henlopen Acres 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 the Town of Henlopen Acres or any portion thereof.
F.
Any ordinance of the Town of Henlopen Acres appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town of Henlopen Acres or other instruments or evidence of the Town's
indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to 1-8-1999.
A.
In compiling and preparing the ordinances and certain
resolutions of the Town of Henlopen Acres for adoption and revision
as part of the Code, certain grammatical and other minor changes were
made in one or more of said ordinances and certain resolutions. It
is the intention of the Commissioners that all such changes be adopted
as part of the Code as if the ordinances and certain resolutions so
changed had been previously formally adopted to read as such.
B.
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 (chapter and section number references are
to the ordinances and certain resolutions as they have been renumbered
and appear in the Code).[1]
[1]
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 7-9-1999 by Ord. No. 99-1." A complete description of all changes is on file in the Town offices.
All provisions of the Code shall be in full
force and effect on and after the effective date of this ordinance,
which shall take effect immediately upon its final adoption.
