A RESOLUTION TO AUTHORIZE THE COUNTY TO ENTER INTO A LOCAL GOVERNMENT LIGHTING PROJECT AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD; 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 and administrative subdivision of the State of Georgia under the Constitution and laws of the state of Georgia and governed by the Butts County Board of Commissioners, and;
WHEREAS, the Board of Commissioners are empowered with the authority to enter into contracts and agreements with other government agencies, including local, state and federal, and;
WHEREAS, the County had previously agreed to enter into such an agreement with the Georgia Department of Transportation at such time as certain state projects programmed and planned for Butts County were ready to be implemented, and;
WHEREAS, comes now before this honorable Commission the Georgia Department of Transportation with a request for the County to provide Energy, Operation and Maintenance of a Lighting System at a planned roundabout to be constructed at the intersection of Georgia Highways 42 and 87 south, classified as P.I. No. 0009966, and;
WHEREAS, the Georgia DOT has prepared an instrument of agreement to be ratified by the County that outlines all responsibilities, terms and conditions, now, therefore be it:
RESOLVED, that 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.
BE IT FURTHER RESOLVED that this instrument specifically authorizes the County of Butts, in the State of Georgia, to enter into the aforementioned Local Government Lighting Project Agreement with the Georgia Department of Transportation, for the purpose of providing intersectional improvements at the aforementioned intersection, which will be for the betterment and safety of the Citizens of Butts County and the motoring public, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect upon passage and adoption by the Butts County Board of Commissioners and that any and all other resolutions, acts or ordinances in conflict with this Resolution shall be, and they are, to the extent of such conflict, hereby repealed, and;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 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, and;
BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and all associated documents related to the passage and implementation of the provisions of this Resolution and does authorize the Clerk of Session to attest all signatures and make this Resolution part of the Book of Resolutions, Volume A.
Adopted in Session this 10th Day of August, 2020
/s/ Ken Rivers, Chairman of the Board of Commissioners
/s/ J. Michael Brewer, Deputy County Manager
Clerk of the 122nd Session
Butts County Board of Commissioners