ADOPTING ORDINANCE

ORDINANCE 1-2009

AN ORDINANCE ADOPTING CHAPTERS 51, 52, AND 53 OF THE 2009 CODE OF ORDINANCES FOR THE CITY OF HOPKINSVILLE, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY DEALING WITH SUBJECTS EMBRACED IN THE CODE

   WHEREAS, Chapters 51, 52, and 53 of the present general ordinances of the City of Hopkinsville are incomplete and inadequate and the manner of arrangement, classification, and indexing thereof is insufficient to meet the immediate needs of the City; and

   WHEREAS, the Acts of the Legislature of the Commonwealth of Kentucky empower and authorize the Legislative Body of this City to revise, amend, restate, codify, and to compile any existing ordinance or ordinances and all new ordinances not heretofore adopted or published and to incorporate the ordinances into one ordinance in book form; and

   WHEREAS, the Legislative Body of the City of Hopkinsville has authorized a general compilation, revision, and codification of Chapters 51, 52, and 53 of the exiting ordinances of the City of a general and permanent nature and publication of such chapters in book form.

   NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOPKINSVILLE, KENTUCKY AS FOLLOWS:

   SECTION ONE

   Chapters 51, 52, and 53 of the general ordinances of the City of Hopkinsville as herein revised, amended, restated, codified, and compiled in book form are adopted as and shall constitute Chapters 51, 52, and 53 of the "Code of Ordinances of the City of Hopkinsville."

   SECTION TWO

   Chapters 51, 52, and 53 of the Code as adopted in Section One shall consist of the following titles:

   51.   Sewerage and Water

   52.   Waste Water Collection and Treatment

   53.   Sewer and Water Service Rates and User Fees

   SECTION THREE

   All prior ordinances pertaining to the subjects treated in these Chapters of the Code shall be deemed repealed from and after the effective date of the Code, except as they are included and reordained in whole or in part in the Code; provided that such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of the Code, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements or plats, accepting dedications of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

   SECTION FOUR

   These Chapters of the Code shall be deemed published as of the day of its adoption and approval by the City Council and the Clerk of the City of Hopkinsville is hereby authorized and ordered to file a copy of the Code in the Office of the City Clerk.

   SECTION FIVE

   These Chapters of the Code shall be in full force and effect from and after its date of passage, approval and publication as required by law. The Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties, and regulations therein contained, and of the date of passage, and that the same is properly signed, attested, recorded, and approved, and that any public hearings and notices thereof as required by law have been given.

   SECTION SIX

   If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portions of this ordinance.

   SECTION SEVEN

   All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

   SECTION EIGHT

   This ordinance shall take effect after its passage and publication according to law.

ORDINANCE 14-2009
ADOPT CHAPTERS 51, 52, AND 53 OF THE 2009 RECODIFICATION

PUBLICLY READ AND PASSED FIRST TIME: August 18, 2009

PUBLICLY READ AND PASSED SECOND TIME: August 20, 2009

APPROVED:                                 

      J. Daniel Kemp

      Mayor

ATTEST:                                    

    Christine F. Upton, MMC

    City Clerk