A REVOCABLE RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY DESIGNATING A TEMPORARY OFFICIAL LOCATION OF THE BUTTS COUNTY COURTHOUSE; TO PROVIDE FOR DESIGNATION OF COURTHOUSE; TO REPEAL CONFLICTING LANGUAGE AND ENSURE CONSISTENCY; TO ALLOW FOR THE RELOCATION OF THE FUNCTIONS OF THE COURT UNTIL A FUTURE DATE AND TO ALLOW FOR THE RETURN OF THE COURTS TO THEIR OFFICIAL LOCATION AT A FUTURE DATE UNCERTAIN; 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 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 repurposed the facility as a museum and has, since said date, utilized the Butts County Administration Building for Superior Court and other Courts, and;

WHEREAS, due to renovation activities and new construction at the official site of the Butts County Superior Court and other courts of Butts County, it has become necessary to temporarily relocate the aforementioned Courts to a facility suitable to hold and exercise the full functions of the Courts until such time as the renovation and construction activities at the official site is complete, and;

WHEREAS, it is the express intent of the Governing Authority that upon completion of construction, all judicial services would then be relocated back to their official site at the Butts County Administration Building, said site being located at 625 West Third Street in the City of Jackson, Butts County, Georgia, and;

WHEREAS, a suitable site within the Court’s jurisdiction and the County seat of Butts County has been obtained for the purposes of holding Butts County Superior Court, Juvenile Court, Probate Court, Magistrate Court and related business, 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 through a signed and sealed rental agreement that the Central Georgia EMC Annex, located at 1083 South Mulberry Street in the City of Jackson, Butts County, Georgia, 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 this Resolution shall serve until such time as the construction and renovation activities at the Butts County Administration Building are deemed to be complete, at which time the Clerk of the Butts County Government shall revoke this Resolution and the provisions of County Resolution 2020-06 shall again resume in full force automatically, with no further action required by this Board, and;

BE IT FURTHER RESOLVED that the Board of Commissioners of Butts County shall designate the Clerk of the Superior Court to manage and administrate scheduling, space provisioning and set calendars for the use of the facility as the needs of the Courts dictate, and;

BE IT FURTHER RESOLVED that this Resolution and all provisions herein, shall be in full force and effect retroactively to have effect on 30 June 2020, 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 suspended until such time as this Resolution is revoked as per the procedure outlined herein, 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 suspended until such time as this Resolution is revoked as per the procedure outlined herein, 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 FURTHER RESOLVED that upon adoption, a copy of this Resolution shall be transmitted to the Clerk of the Superior Court, where said Resolution and any accompanying Judicial Orders issued by the Courts shall be filed and retained in perpetuity, 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 Resolution in the Book of Resolutions, Volume 1, and as such, it is hereby:

ADOPTED in open session this 14th Day of September, Two Thousand and Twenty

/s/ Ken Rivers, Chairman of the Board

/s/ J. Michael Brewer, Deputy County Manager
Clerk of the 122nd Session

Author: Brewer, M
Status: Adopted