A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO EXERCISE THEIR AUTHORITY UNDER O.C.G.A. 36-5-22.1(a)(1) AND O.C.G.A. 36-9-2 IN THE ASSIGNING OF SPACE IN GOVERNMENT OWNED BUILDINGS; TO AUTHORIZE THE COUNTY CLERK TO DEVELOP A PLAN FOR SPACE ALLOCATION IN THE HISTORIC BUTTS COUNTY COURTHOUSE; TO ASSIGN CERTAIN OFFICES AND ENTITIES SPACE WITHIN THE HISTORIC COURTHOUSE; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS AND TO NOTIFY ALL AFFECTED PARTIES; 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, the governing body of the county charged with managing the affairs of the County is the acknowledged owner and holder of all buildings and properties of the Government of Butts County, as statutorily defined in O.C.G.A. 36-5-22.1(a)(1) and O.C.G.A. 36-9-2, which states both that “The governing authority of each county has original and exclusive jurisdiction over the directing and controlling of all the property of the county, according to law, as the governing authority deems expedient” and “The county governing authority shall have the control of all property belonging to the county”, and under such law has the absolute and final authority to assign or unassign space within any county government facility or building that serves a public purpose, and;
WHEREAS, it has been determined that the best needs of the County will be met by assigning certain functions and offices within space that will become available in the near future within the building currently designated as the “Historic Butts County Courthouse”, located at 25 Third Street, Jackson, Georgia, 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.
BE IT FURTHER RESOLVED the Commission, through this Resolution, does hereby exercise its statutory rights as the Governing Authority of Butts County that, during or upon completion of a planned restoration project currently underway to rehabilitate the Historic Butts County Courthouse, that the planned use for this facility shall shift from that of a primarily judicial nature to that of a more civic and economic development nature, and that to facilitate this, it is decided that existing spaces, once suitable and available, shall be allocated as follows:
1). A space provision shall be afforded to the Butts County Visitor’s Center, for the benefit of the general public and visitors to Butts County, to serve as a resource center of information; to promote the positive image of the County; to promote the tourism industry of Butts County and for related purposes, to be contractually managed by the Butts County Chamber of Commerce, and;
2). A space provision shall be afforded to the offices of the Butts County Development Authority and the Butts County Industrial Development Authority, for the legal purposes and operation of said Authority, and;
BE IT FURTHER RESOLVED that the Board charges the Clerk of Butts County to develop a space allocation plan that addresses the assignment of spaces to the aforementioned entities, as well as common spaces that may be shared by both entities and others, along with development of plans to potentially locate other complementing public sector functions within available future space inside the Historic Butts County Courthouse, and to implement said plan at such time as prudent management practices demand, and;
BE IT FURTHER RESOLVED that the Board authorizes the County Administrator to make determinations about other spaces in any other County owned building or facility that may efficiently enable the provisions of this resolution to be carried out in the most effective manner possible, and;
BE IT FURTHER RESOLVED that the Board retains their statutory authority to revoke, revise, extend, addend or reauthorize this Resolution as county needs dictate, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect immediately 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 they, to the extent of such conflict, 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 to authorize the Clerk of Butts County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners
Adopted in open session this 10th Day of December, 2018.
/S/ Chairman Russ Crumbley
/S/ J. Michael Brewer, Clerk of Butts County Georgia
Motion: Rivers, K. of the 1st District
Second: Brown, J. of the 3rd District
Disposition: Passed, with Crumbley, Douglas & Henderson, joining
Author: Brewer M