A JOINT RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY AND THE BOARD OF EDUCATION OF BUTTS COUNTY COMMITTING CERTAIN FUNDING AMOUNTS IN SUPPORT OF EXPEDITED DEPLOYMENT OF THE CENTRAL GEORGIA EMC FIBER BROADBAND INITIATIVE IN BUTTS COUNTY; TO SPECIFY FUNDING OBLIGATIONS OF EACH GOVERNMENT; TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO SIGN THE RESOLUTION AND TO AUTHORIZE THE CLERK OF THE 123RD SESSION TO ATTEST ON BEHALF OF THE COUNTY GOVERNMENT; TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF EDUCATION TO SIGN THE RESOLUTION AND THE CLERK TO THE BOARD OF EDUCATION TO ATTEST ON BEHALF OF THE SCHOOL BOARD; TO REPEAL CONFLICTING ACTS; 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 governed by the Butts County Board of Commissioners, and;
WHEREAS, the Butts County Board of Commissioners is the governing body of the County charged with managing the fiscal affairs of the governing body, and;
WHEREAS, the Butts County School District is confined to the control and management of the Butts County Board of Education, as the governing body of the District and charged with managing the fiscal affairs of the District, as defined in O.C.G.A. 20-2-50, and;
WHEREAS, the Central Georgia Electric Membership Cooperative has embarked upon a project to provide Fiber Broadband services throughout its service delivery area, which includes significant portions of Butts County, and;
WHEREAS, the County and School District governing authorities have determined that the distribution of Fiber Broadband to areas served by Central Georgia EMC will serve to enhance the quality of life for its citizens by providing internet service to many areas that are underserved or not served at present by the availability of internet services, including the expansion of internet services to students who are becoming more and more reliant upon internet services to conduct distance learning, research and communications, and;
WHEREAS, the County and School District have been offered the opportunity to contribute through the Development Authority of Butts County certain readily available government funds to this initiative as a means of expediting the installation and implementation of fiber broadband to underserved portions of Butts County, and do wish to contribute funding through the Development Authority of Butts County towards expediting said installation and implementation, the effect of which would move the start of fiber construction in Butts County to approximately October 2021, with the emphasis on prioritizing areas that are currently underserved or not served, now, therefore be it:
RESOLVED, that the Commission and School District 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 Butts County Board of Commissioners and the Butts County Board of Education, hereinafter referred to respectfully as the “County” and “School District” do adopt this Resolution and authorizes that the following amounts be appropriated from readily available funding sources of each respective government, as follows:
I. From the County, a sum of Three Hundred Thousand Dollars ($300,000.00) shall be appropriated to the Development Authority of Butts County, who in turn shall contribute said funds to the Central Georgia EMC for the purposes outlined herein, and;
II. From the School District, a sum of Three Hundred Thousand Dollars ($300,000.00) shall be appropriated to the Development Authority of Butts County, who in turn shall contribute said funds to the Central Georgia EMC for the purposes outlined herein.
BE IT FURTHER RESOLVED that separate, supporting legal documents, contracts and paperwork may be required and that in such event, the Chairman of the Board of Commissioners and the Chairman of the Board of Education is authorized to sign and execute any and all documents that substantially support the terms and conditions of this Resolution and authorizes the County Manager or their designee and the School Superintendent or their designee to carry out all terms and conditions of this Resolution and any associated documents lawfully signed, sealed and executed, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect upon the affirmative action of the Butts County Board of Commissioners and the Butts County Board of Education, as the County Government and School District Governments of Butts County, respectively and upon the signatures of the Chair or Acting Chair of each Board and attested to properly, and that any and all resolutions or parts of resolutions in conflict with this Resolution shall be, and they, 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 and the Board of Education 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 all associated documents related to the passage and implementation of the provisions of this Resolution and does authorize the Clerk of Butts County to attest all signatures and make this Resolution part of the Book of Resolutions, Volume A.
Adopted in Session this 25th Day of June, 2020
Chairman of the Board of Commissioners Chairman of the Board of Education
Butts County, Georgia Butts County, Georgia
J. Michael Brewer, Deputy County Manager Todd Simpson, Superintendent
as Clerk of the 123rd Session Clerk to the Butts County Board of Education
Butts County Board of Commissioners