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RESOLUTION 2011-5

A RESOLUTION DETERMINING NOT TO ADVANCE THE CITY OF
JOHNSON, ARKANSAS, TO CITY OF FIRST CLASS STATUS AND TO
REMAIN A CITY OF THE SECOND CLASS
WHEREAS, ACA § 14-37-103(a)(l) provides that all municipal corporations having
over two thousand five hundred (2500) inhabitants shall be deemed cities of the first class.
WHEREAS, Arkansas Code Annotated §14-37-104(a) and (b) also address the issue that
cities with over 2500 inhabitants shall be deemed cities of the first class.
WHEREAS, Arkansas Code Annotated § 14-37-107(c) provides that when a city of the
second class becomes a city of the first class the recorder automatic ally becomes the city clerk
when the change in classification occurs.
WHEREAS, many grants available to rural fire departments and communities may not be
available to Johnson if the city becomes a city of the first class.
WHEREAS, the 2010 Federal Census determined that the City of Johnson has 3354
inhabitants.
WHEREAS, the State of Arkansas has declared that Johnson now qualifies for the status
of city of the first class.
WHEREAS, Arkansas Code Annotated §14-37-114 provides that cities of the first class
having a population of less than 5000 inhabitants may be reduced to a city of the second class
upon adoption of a resolution requesting such reduction.
BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:
Section 1: After considerable investigation, research and discussion the City Council
has determined that advancing to the status of a city of the first class is not in the best interest of
the City or its citizens at this time, therefore the City of Johnson, Arkansas, shall continue to be a
city of the second class despite its increase in population.
Section 2: In the event that the City of Johnson, by virtue of the results of the 2010
Federal Census has already advanced to the status of a city of the first class, then the Council

hereby requests (pursuant to ACA §14-37-11 4) to have the City3 s status reduced to that of a city
of the second class.
Section 3: Insofar as the timing of the change in status seems to be when the Census
shows the increase in inhabitants (ACA §§14-37-103(a)(l) and 14-37-104), with the advice of
the city attorney, the recorder-treasurer has used the title city clerk in the interim awaiting the
official recognition by the Governor and Secretary of State, the Council hereby ratifies and
affirms all actions taken, all documents signed and all certificates made by Jennifer Allen as an
official of the City irrespective of the title indicated on such document/certificate.