ADOPTING ORDINANCE
CODE OF ORDINANCES ORDINANCE
AN ORDINANCE ADOPTING AND ISSUING THE CODE OF MURPHY, NORTH CAROLINA, AS THE CODE OF ORDINANCES OF THE TOWN OF MURPHY, NORTH CAROLINA; REPEALING CERTAIN ORDINANCES; CONTINUING IN FULL FORCE AND EFFECT CERTAIN ORDINANCES; PROVIDING FOR THE REVISION OF THE CODE OF MURPHY, NORTH CAROLINA, ANNUALLY; PROVIDING THAT INVALIDITY OF PART OF THE CODE OF MURPHY, NORTH CAROLINA, SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER; AND PROVIDING THE EFFECTIVE DATE THEREOF.
WHEREAS, the General Statutes of the State of North Carolina authorize and empower a municipal corporation to adopt and issue a code of its ordinances; and
WHEREAS, at a regular meeting held November 8, 1982, the Board of Commissioners of the Town of Murphy adopted and issued a code of its ordinances; and
WHEREAS, said code of ordinances was not revised or supplemented with the ordinances adopted, amended, or repealed thereafter by the Board of Commissioners of the Town of Murphy and has become obsolete in many instances; and
WHEREAS, it is the opinion of the Board of Commissioners of the Town of Murphy that it is necessary for the Town of Murphy to adopt and issue a current code of its ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF MURPHY, STATE OF NORTH CAROLINA:
Section 1.   The general ordinances of the Town of Murphy, State of North Carolina, as revised, amended, restated, codified, and compiled in book form entitled Code of Murphy, North Carolina, be and same hereby are adopted and issued as the code of ordinances of the Town of Murphy, North Carolina.
Section 2.   Except as provided in Section 3, all ordinances pertaining to the subjects contained in the Code of Murphy, North Carolina, enacted on or before February 4, 2008, are hereby repealed; provided that such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance.
Section 3.   The following classes of ordinances or actions having the effect of ordinances are not included in the Code of Murphy, North Carolina, are not repealed hereby, and shall remain in full force and effect, to wit:
      (1)   Annexation ordinances;
      (2)   Budget ordinances or amendments thereto;
      (3)   Bond orders and ordinances;
      (4)   Ordinances granting a franchise;
      (5)   Ordinances or resolutions pertaining to the exercise of the power of eminent domain;
      (6)   Ordinances or resolutions pertaining to the levy of special assessments;
      (7)   Ordinances amending the charter of the Town of Murphy, pursuant to Article 5, Part 4 of Chapter 160A of the General Statutes of the State of North Carolina;
      (8)   Ordinances, resolutions, or orders naming, renaming, or closing a street;
      (9)   Resolutions of any type.
      (10)   Ordinances or resolutions redrawing the boundaries of wards or election districts; and
      (11)   Ordinances creating or redrawing the boundaries of zoning districts.
Section 4.   The Code of Murphy, North Carolina, shall be revised and supplemented annually to include new ordinances which have been adopted, amendments to existing ordinances, and the repeal of existing ordinances.
Section 5.   If any portion of the Code of Murphy, North Carolina, or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional, such invalidity or unconstitutional shall not affect other provisions or applications of the Code of Murphy, North Carolina, which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of the Code of Murphy, North Carolina, are declared to be severable.
Section 6.   This Ordinance shall be effective immediately upon adoption.
ADOPTED AND PASSED by unanimous vote of the Board of Commissioners of the Town of Murphy during a regular meeting on the 5th day of May, 2008.
                                                                 
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