A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY SUPPORTING REFORM TO GEORGIA’S ANNEXATION DISPUTE RESOLUTION LAW; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE COUNTY LEGISLATIVE COORDINATOR TO COMMUNICATE THE RESOLUTION TO ALL APPROPRIATE ENTITIES; TO AUTHORIZE THE CLERK OF THE 123rd SESSION TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.

WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia, governed under the Constitution and laws of the state of Georgia; and

WHEREAS, the Butts County Board of Commissioners, the duly elected governing body of the County is often called upon to make wise and judicious decisions regarding annexations that are in the best interests of the unincorporated County from time to time, and;

WHEREAS, annexation of unincorporated areas by municipalities may be appropriate to provide public services not otherwise available from the county, but may be abused when its primary objectives are to expand a city’s tax base or circumvent a county’s land use plan or zoning ordinance, and;

WHEREAS, the pressure from growth and development is expected to increase in the future and annexation for land use changes may adversely impact neighboring residents, disrupt a county’s land use plan, cause significant service delivery challenges, and/or strain existing county infrastructure, and;

WHEREAS, city governments are neither elected by, nor accountable to, unincorporated residents and may not duly consider their concerns in making land use decisions which impact them, and;

WHEREAS, in 2007 the Georgia General Assembly established an annexation dispute resolution procedure to try to help balance these interests while respecting everyone’s property rights, and;

WHEREAS, this dispute resolution procedure has not been changed since its enactment and is long overdue for revisions to further avoid the negative impact on Georgia citizens, and;

WHEREAS, in 2021, the Georgia House of Representatives adopted House Resolution 222, establishing a Study Committee on Annexation to review the dispute resolution procedure, and;

WHEREAS, the House Study Committee held hearings around the state, solicited recommendations from impacted annexation stakeholders, and has issued its final report and recommendations, now, therefore be it:

RESOLVED, that the County Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision and be it further;

RESOLVED, that the Butts County Board of Commissioners urges the Georgia General Assembly to follow the recommendations of the 2021 House Study Committee on Annexation and adopt meaningful reforms to Georgia’s annexation dispute resolution law during the 2022 legislative session, as these changes should:

a) Revise the procedures of the annexation dispute resolution process, and;

b) Empower the Department of Community Affairs to administer this process more effectively, and;

c) Better balance the oftentimes conflicting interests among counties, cities, incorporated and unincorporated citizens, and developers seeking different land uses through annexation, and as only State law can help reach this balance, State law must be changed to respect all parties and persons impacted by Georgia’s continued population growth, and;

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect immediately upon its adoption by the Butts County Board of Commissioners and that any and all resolutions or parts of resolutions in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby REPEALED; and

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf; authorizes the County Legislative Coordinator to transmit this document to all members of our Legislative Delegation, as well as to ACCG, the public and press; and authorizes the Clerk of the 123rd Session to attest all signatures

Adopted in open session this 13th Day of December 2021

Chairman Joe Brown

J. Michael Brewer, Deputy County Manager,
Attesting as Clerk of the 123rd Session