A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO AUTHORIZE THE LOCATION OF A STATE FACILITY ON COUNTY PROPERTY; TO AUTHORIZE COUNTY AGENTS AND AGENTS OF THE BUTTS COUNTY DEVELOPMENT AUTHORITY AND INDUSTRIAL DEVELOPMENT AUTHORITY TO NEGOTIATE SPECIAL CONDITIONS OR TERMS; TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO SIGN ANY REQUIRED DOCUMENTS OR AGREEMENTS ON BEHALF OF THE COUNTY; TO AUTHORIZE THE CLERK OF BUTTS COUNTY 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 under the Constitution and laws of the state of Georgia, and;
WHEREAS, the Butts County Board of Commissioners, the governing body of the county charged with managing the affairs of the County is the acknowledged owner and holder of all buildings and properties of the Government of Butts County, as statutorily defined in O.C.G.A. 36-5-22.1(a)(1) and O.C.G.A. 36-9-2, which states both that “The governing authority of each county has original and exclusive jurisdiction over the directing and controlling of all the property of the county, according to law, as the governing authority deems expedient” and “The county governing authority shall have the control of all property belonging to the county”, and under such law has the absolute and final authority to assign or unassign space within any county government facility or building that serves a public purpose, and;
WHEREAS, The County has, for many years, authorized the use of County property, fixtures and facilities located at 1578 Highway 16 West, Jackson, Georgia for the operation of a Jackson campus of Southern Crescent Technical College, hereinafter referred to as “The Property”, and;
WHEREAS, the Georgia Department of Driver Services, which has for many years operated a driver testing center for both commercial and public interests within Butts County, is in need of a new location, and has sought and obtained permission from the Technical College System of Georgia to collocate their local services in a state-owned facility located on The Property, and to use space owned by the County for driver testing, now, therefore, be it:
RESOLVED, that the Board of Commissioners 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 Board of Commissioners, through this Resolution, does hereby authorize agents of the Butts County government and the Butts County Development Authority and Industrial Development Authority to negotiate any required or necessary terms, financial conditions and considerations to facilitate the location of the Driver Services Center on The Property, in the form of a written and executed agreement or memorandum of understanding as the circumstances may call for, and;
BE IT FURTHER RESOLVED that the Board of Commissioners, through this Resolution, does hereby authorize the Chairman of the Board of Commissioners to sign any required documents promulgated by the State of Georgia, subject to prior review and consent by the County Attorney, and for said documents to be attested to by the Clerk of Butts County and disseminated to any required partied by the County Administrator or their designee, and;
BE IT FURTHER RESOLVED that this Resolution and all provisions herein, shall be in full force and effect immediately upon its adoption by the Board of Commissioners and that any and all resolutions or parts of resolutions, in conflict with this Resolution shall be, to the extent of such conflict, hereby repealed, and;
BE IT FINALLY RESOLVED that it is the express intention of the Board of Commissioners that each independent provision should be adopted, and that the Board would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds any of the aforementioned to be unlawful, invalid or unenforceable, that it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions remain in force.
Adopted in open session this 11th Day of March, 2019 and effective immediately.
/S/ Ken Rivers, Chairman of the Board
/S/ J. Michael Brewer, Clerk of Butts County Georgia
Author: Brewer, M.
Presented: 11 March 2019