A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY DESIGNATING THE OFFICIAL LOCATION OF THE BUTTS COUNTY COURTHOUSE; TO PROVIDE FOR DESIGNATION OF COURTHOUSE; TO REPEAL CONFLICTING LANGUAGE AND ENSURE CONSISTENCY; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD OF COMMISSIONERS; TO AUTHORIZE THE CLERK OF THE 122nd SESSION 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 is the governing authority of the County, elected by the qualified electors of Butts County and vested with fiscal and legislative responsibilities necessary to the managing of the affairs of the County government, including being the lawful and acknowledged owner and holder of all buildings and properties of the Government of Butts County, and;

WHEREAS, effective September 1, 2019, under County Resolution CR201924, the Governing Authority decommissioned and repurposed the Historic Butts County Courthouse from any further or future service to the Courts of Butts County or for use as a judicial center and has, since said date, utilized the Butts County Administration Building for Superior Court and related Courts, and;

WHEREAS, it is the express intent of the Governing Authority that upon completion of construction, all judicial services heretofore administrated within the Historic Courthouse and others will be, for the foreseeable future, located in the expanded Butts County Administration Building, and;

WHEREAS, many ancillary services utilize the officially designated County Courthouse for procedural matters such as Tax Sales, Bank Foreclosure Auctions and related and must have a clearly resolved location identified as the judicial center of the County, now, therefore be it:

RESOLVED, the 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 Board of Commissioners of Butts County, through this Resolution and by its passage, does hereby designate and establish the Butts County Administration Building located at 625 West Third Street to be and to serve as, the official Courthouse of Butts County Georgia for all legal purposes authorized under Georgia Law and subject to the administration of the Butts County Board of Commissioners and its authorized agents, and;

BE IT FURTHER RESOLVED that the Board of Commissioners of Butts County shall designate and assign appropriate office space for each agency of the Court, as available, and shall retain final authority as provided under law over all publicly owned premises, spaces, assignments, equipment and facilities owned by Butts County, Georgia, 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 Butts County Board of Commissioners and that any and all resolutions or parts of resolutions, in conflict with this Resolution shall be, and to the extent of such conflict are, hereby repealed, and;

BE IT FURTHER RESOLVED that through this Resolution, any provisions or parts of any provision, article, section, paragraph or other provision of the Code of Butts County that are in conflict with this Resolution shall be, and to the extent of such conflict are, hereby repealed, and;

BE IT FURTHER RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this Resolution 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 that any of the aforementioned provisions of this Resolution to be unlawful, invalid or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions shall remain in force, and;

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and further authorizes the Clerk of Butts County to attest all signatures and to file this this Resolution in the Book of Resolutions, Volume 1, and as such, it is hereby:

ADOPTED in open session this 9th Day of March, Two Thousand and Twenty

/s/ Ken Rivers, Chairman of the Board

/s/ J. Michael Brewer
Clerk of the 122nd Session

Author: Brewer, M
Status: Adopted