A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY AMENDING A PRIOR RESOLUTION DECLARING A LOCAL STATE OF EMERGENCY; TO ENACT PROVISIONS OF THE OFFICIAL CODE OF BUTTS COUNTY APPLICABLE TO A LOCAL STATE OF EMERGENCY; 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, as well as the health, safety and welfare of the citizens of Butts County, and;

WHEREAS, in late 2019, a new and significant outbreak of respiratory disease caused by a novel coronavirus emerged in Wuhan, China, and the respiratory disease caused by the novel coronavirus, known as “COVID-19” is an infectious virus that can spread from person-to-person and can result in serious illness or death, and;

WHEREAS, on March 13, 2020, President Donald Trump declared the outbreak of COVID-19 a national emergency, followed by Georgia Governor Brian Kemp who declared an unprecedented public health emergency in the State of Georgia on March 14, 2020 due to the effects of the novel coronavirus COVID-19, and;

WHEREAS, the Centers for Disease Control and Prevention has noted that COVID-19 is proliferating via “community spread,” meaning people have contracted the virus in areas of Georgia as a result of direct or indirect contact with infected persons, including some who are not sure how or where they became infected, and;

WHEREAS, on April 2, 2020, laboratory testing had confirmed more than five thousand cases of COVID-19 in Georgia, including nine documented cases in Butts County, and;

WHEREAS, the County Governing Authority made the unprecedented decision to close public access to County government buildings and in certain cases, to close non-critical services and shutter community programs in an effort to slow the potential spread of the virus and to protect public employees from possibly interacting with potentially infected citizens and visitors to government buildings, and;

WHEREAS, on April 2, 2020 Governor Brian Kemp, the Chief Elected Official of the State of Georgia issued an Executive Order for Georgia Citizens to shelter in place or shelter at home, following the advice of expert medical practitioners, and:

WHEREAS, the Chairman of the Board of Commissioners, who has been delegated with the power to declare a Local State of Emergency without objection from the Members, did sign County Resolution CR2020-08 declaring a “Local State of Emergency” on March 18, 2020, and now desires to amend said declaration to conform to the Governor’s Executive Order, 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 in light of the Executive Order issued by the Governor of the State of Georgia, that the County of Butts, a political subdivision of the State, hereby continues its declaration of a Local State of Emergency as recommended by the Georgia Office of Homeland Security and Emergency Management Agency, and;

BE IT FURTHER RESOLVED that all resources of Butts County be made available to assist the State of Georgia in activities designed to address this emergency, control the spread of COVID-19, and aid recovery efforts, and;

BE IT FURTHER RESOLVED that the Butts County Office of Homeland Security, shall and has activated the Butts County Emergency Operations Plan in response to this emergency, and that the following sections of the Butts County Code of Ordinances be implemented, to wit:

1). 2008-05-02 Registration of Building and Repair Services During a State of Emergency.
2). 2008-05-03 Prohibition Against Overcharging for Goods, Materials, Services, and Housing
3). 2008-05-05 Suspension of Portions of the Code of Ordinances and Other Formalities During a State of Emergency, and;

BE IT FURTHER RESOLVED: That in anticipation of potentially severe economic repercussions resulting from this State of Emergency and the anticipated shortfall of revenues that could likely occur, that while the County is under a State of Emergency that all spending in all departments funded by the Treasury of Butts County or other funding sources managed by County shall be restricted to emergency and critical purchases only, for the duration of this Emergency and for 30 days beyond the expiration of this Emergency or any extension thereof, and;

BE IT FURTHER RESOLVED that the County Government of Butts County shall adhere to and follow the directives issued by the State of Georgia through the Governor, the Department of Public Health and others acting on behalf of the State, issued on April 2, 2020 and those that might be issued subsequently, and;

BE IT FURTHER RESOLVED: That all permits for special events, are hereby cancelled, and no new special event permits shall be authorized for the duration of this Resolution, and;
BE IT FURTHER RESOLVED that all deadlines of any action, determination, or decision required of any official, board or commission solely under the jurisdiction of the Butts County Government and under the provisions of the Butts County Code of Ordinances shall be tolled for the duration of this Resolution and for thirty (30) days following the expiration of this Resolution, and;

BE IT FURTHER RESOLVED that all deadlines imposed under the Butts County Code of Ordinances, relating to the renewal of business licenses, shall be tolled for the duration of this Resolution and for fifteen (15) days following the expiration of this Resolution, and;

BE IT FURTHER RESOLVED that this Resolution and all provisions herein, shall be in full force and effect immediately upon its signature by the Chairman of the 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 nothing in this Resolution or Orders contained herein shall be construed as creating any right or benefit, substantive or procedural, enforceable at law or in equity by any party against Butts County, its departments, agencies or entities, its officers, employees, or agents, or any other person, and;

BE IT FURTHER RESOLVED that this Declaration of Local Emergency shall terminate at 11:59 PM on April 13, 2020 unless further extended by future orders, resolutions or enactments by the governing authorities of the State of Georgia, and;

BE IT FINALLY RESOLVED that the Board through subsequent ratification at a meeting to be determined, 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:

This 3rd Day of April, 2020 in Jackson, Butts County, Georgia

/s/ Ken Rivers, Chairman of the Board

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