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Ordinance 134

AN ORDINANCE TO ALLOW THE CITY OF JOHNSON,
ARKANSAS TO JOIN THE ARKANSAS LOCAL POLICE
AND FIRE RETIREMENT SYSTEM; TO PROVIDE
FUNDING FOR THE POLICE RETIREMENT SYSTEM; TO
DECLARE AN EMERGENCY; AND OTHER PURPOSES.
WHEREAS, the City Council of the City of Johnson, Arkansas
desires to cover its eligible employees with retirement coverage
as provided by the Arkansas Local Police and Fire Retirement
System; and
WHEREAS, the eligible employment of such employees is not
now covered by a retirement plan (Social Security excepted); and
WHEREAS, we have received the report of the Retirement
System's actuary which states our beginning employer contribution
rate required upon joining the Retirement System;
WHEREAS, A.C.A. 27-50-401 provides that the Arkansas Local
Police and Fire Retirement System can be funded in addition to
other means by a penalty of three dollars ($3.00) for each
conviction, each plea of guilty or nolo contenders of a traffic
violation, where the conviction arises out of the operation of a
motor vehicle in violation of municipal ordinances or the laws of
this state;
WHEREAS, an adequate retirement system is needed by the City
of Johnson, to provide security for the local police; to promote
health and general welfare; to stabilize the police department;

and to insure the orderly development of the community for the
general welfare of the citizens;
THEREFORE, be it ordained by the City Council of the City of
Johnson, Arkansas as follows:
SECTION ONE: That the City Council on behalf of the City
of Johnson, Arkansas a "political subdivision" as defined in Act
364 of 1981, hereby elects to have covered by the Arkansas Local
Police and Fire Retirement System all its eligible present and
future employees who are:
"Policemen", as defined in Act 364
SECTION TWO: That the City of Johnson hereby elects to
commence retirement coverage for its eligible employees on June
1, 1994.
SECTION THREE: That the City of Johnson understands that
employer contributions {and member contributions when applicable)
are to be effective the first day of the month following the
adoption of retirement coverage.
SECTION FOUR:
A. As authorized by A.C.A. 27-50-401 as amended, there is
hereby levied a penalty of three dollars ($3.00) for each
conviction, each plea of guilty or nolo contendere, of a traffic
violation, where the conviction arises out of the operation of a
motor vehicle in .violation of municipal ordinances or the laws of
this state.
B. This penalty shall also apply to each conviction, plea
of guilty or nolo contendere, for the violation of municipal
ordinances or a criminal law of this state.
C. The term conviction shall include forfeiture of bond.

Any bond posted pursuant to a charge or citation for violation of
any law or ordinance specified in this section shall include the
three dollars ($3.00) additional penalty provided in this
section.
D. The cost set forth in this section may be imposed at
the conclusion of any criminal case that does not end in an
acquittal, dismissal or, with the consent of the prosecution, a
nolle prosequi, including, but not limited to, cases involving a
suspended or probated sentence that at anytime may be expunged or
otherwise removed from the defendant's record.
SECTION FIVE: It has been found and is hereby declared by
the City Council, that this ordinance is immediately required in
order to provide security for the local police, to promote health
and the general welfare, to stabilize the police department, and
to insure the orderly development of the community for the
general welfare of the citizens.
THEREFORE, an emergency is hereby declared to exist and this
ordinance being necessary for the preservation of the public
peace, health, and safety shall be in full force and effect from
the date of its approval.