A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY APPOINTING THE COUNTY ATTORNEY; TO APPOINT SPECIAL COUNSEL; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD OF COMMISSIONERS; TO AUTHORIZE THE CLERK OF THE 123RD 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, charged with providing public services to local residents, 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, pursuant to Article 1, Section 7A of the County Code, the County desires to appoint and employ Andrew J. Welch, III, and the attorneys at the law firm of Smith, Welch, Webb & White, LLC as the County Attorney who shall be responsible for advising the Board of Commissioners upon legal questions arising in the conduct of County business, preparing ordinances and resolutions when so requested by the Board of Commissioners, County Manager or designee; rendering official opinions upon any legal matter or question submitted by the Board of Commissioners; attending meetings of the Board of Commissioners as it may require; preparing for execution of contracts and instruments to which the County is a party when so requested and approve, as to form, all bonds and County contracts; defending or instituting any legal proceedings when requested by the Board of Commissioners; and rendering such other legal services as may be required by the Board of Commissioners, and;

WHEREAS, Andrew J. Welch, III, and the partnership of attorneys at Smith, Welch, Webb & White, LLC are all active members of the State Bar of Georgia in good standing, and;

WHEREAS, pursuant to Section 7A, the County Attorney shall be legal counsel to the County and shall perform any other duties as may be provided by ordinance, and;

WHEREAS, pursuant to Section 7 A, the compensation of the County Attorney shall be fixed by the Chairman and Board of Commissioners, and;

WHEREAS, WHEREAS, pursuant to Section 7 A, the Board of Commissioners may employ additional counsel to assist the County Attorney for litigation in which the County is involved, and;

WHEREAS, pursuant to Section 7 A, the Board of Commissioners may appoint independent Special Counsel to assist in particular matters, and;

WHEREAS, the Board of Commissioners finds that the foregoing appointment is necessary and beneficial to its citizens and to the efficient operation of the County, and that the appointee satisfies all qualifications required under the County Code, 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 hereby appoints Andrew J. Welch, III, and the attorneys of the law firm of Smith, Welch, Webb & White, LLC as the County Attorney, to be paid based upon letter from said firm dated January 11, 2021, and;

BE IT FURTHER RESOLVED that the Board of Commissioners hereby appoints Benjamin A. Vaughn and Brandon L. Bowen as Special Counsel to the County to handle the rezoning matter of Tussahaw Reserves, LLC and Keys Ferry Crossing, LLC, to be paid based upon a separate fee schedule from each dated January 11, 2021, 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 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 shall terminate when repealed by the same Board or if higher authorities revoke the provisions herein 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 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 the 123rd Session 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 11th Day of January, 2021 in Butts County, Georgia.

/S/ Joe Brown, Chairman
Butts County Board of Commissioners

/S/ J. Michael Brewer, Deputy County Manager
Clerk of the 123rd Session