A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO AUTHORIZE AN ACT OF LOCAL LEGISLATION TO AMEND AN ACT PROVIDING THAT CERTAIN COSTS IN CERTAIN CRIMINAL AND QUASI-CRIMINAL CASES SHALL BE USED FOR THE PURPOSE OF MAINTAINING THE HISTORIC BUTTS COUNTY COURTHOUSE; TO REPEAL PROVISIONS RELATING TO THE SUPERIOR COURT OF BUTTS COUNTY; TO INCREASE THE FEE THE PROBATE COURT OF BUTTS COUNTY SHALL CHARGE; TO INCREASE THE AMOUNT OF SUCH FEES THAT CAN BE HELD BEFORE EXCESS IS PAID INTO THE BUTTS COUNTY GENERAL FUND; TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST THE RESOLUTION; TO AUTHORIZE THE COUNTY LEGISLATIVE COORDINATOR TO TRANSMIT THIS RESOLUTION TO THE GEORGIA GENERAL ASSEMBLY; 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, on April 15, 1969 the Georgia General Assembly passed a Local Act (Ga. L. 1969, p. 2664) as amended, particularly by an Act approved March 20, 1990 (Ga. L.1990, p. 4056) so as to provide for the collection of fees by the Probate Court in criminal and quasi-criminal cases that shall be used for the purpose of maintaining the Butts County Courthouse, and;

WHEREAS, various exigencies have now made it necessary for the County of Butts to now request of the General Assembly of Georgia that certain portions of this Act be amended by that body at any such time that this can be accomplished, 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 request an amendment to the aforementioned Act, to include the following amended provisions:

1). That the amount of the fee be raised from $5.00 to $15.00 per case, and;

2). That the word β€œHistoric” be affixed to any reference in said Act to the Butts County Courthouse, thereby clarifying that said fund is designated for the maintenance and upkeep of the Historic Butts County Courthouse, located at 25 Third Street, Jackson, Georgia, and;

3). That the cap in which any excess funds above the amount of $10,000.00 can be transferred to the General Fund of Butts County be increased to a minimum of $50,000.00, and;

4). That the provision relating to fines collected by the Superior Court be stricken in its entirety due to being in conflict with current State law, 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 this resolution and for said document to be attested to by the Clerk of Butts County, and;

BE IT FURTHER RESOLVED that the County Legislative Coordinator is authorized to transmit this Resolution to the Georgia General Assembly for proper disposition thereof, 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

/S/ Ken Rivers, Chairman of the Board

/S/ J. Michael Brewer, Clerk of Butts County Georgia

Author: Brewer, M.
Presented: 11 March 2019
Motion: Brown, J. of the 3rd
Second: Douglas, K of the 4th
Status: Approved

Transmitted to House of Representatives
By: Brewer, M. as County Legislative Coordinator
Received by: Holmes, Susan of the 129th House District
House Bill Assigned: