A RESOLUTION REPEALING RESOLUTION NO. 2011-20 AND PETITIONING THE AUDITOR OF THE STATE, THE SECRETARY OF STATE, AND THE ATTORNEY GENERAL TO DECLARE THE CITY OF ELKINS TO BE A CITY OF THE FIRST CLASS.
WHEREAS, ACA 14-37-103 (a)(1) 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, the 2010 Federal Census determined that the City of Elkins has 2648 inhabitants.
WHEREAS, the state of Arkansas declared that Elkins was qualified 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.
WHEREAS, the Elkins City Council adopted Resolution No. 2011-20 on September 15, 2011, indicating the desire of the City to remain a city of the second class and filed a certified copy of said Resolution with the Washington County Clerk and provided a file marked copy of Resolution No. 2011-20 (duly certified) to the Secretary of State on behalf of the Board of Municipal Corporations;
WHEREAS, A.C.A 14-37-108 provides that the Auditor of State, Secretary of State and the Attorney General may declare a city of the second class to be a city of the first class between federal census upon application from a city of the second class when accompanied by a resolution asking to be declared a city of the first class.
BE IT RESOLVED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That:
Section 1: After further investigation, research and discussion the City Council has determined that advancing Elkins to the status of a city of the first class is now in the best interest of the City and its citizens, therefore the City of Elkins, Arkansas, asks to become a city of the first class in recognition of its increase in population as determined by the 2010 federal census.
Section 2: Resolution No. 2011-20 is hereby repealed in its entirety.
Section 3: Application is hereby made to the Auditor of the State, the Secretary of State and the Attorney General to take note of the Federal Census of 2010 and Elkins then population of 2648 inhabitants, the repeal of Elkins Resolution No. 2011-20 and this City Council's request to declare Elkins to be a city of the first class.
Section 4: Pursuant to ACA 14-37-108 application is hereby made to the Auditor of State, Secretary of State and Attorney General for a declaration that Elkins is, as of a date certain, a city of the first class by virtue of this Resolution, the application of the City of Elkins, and the results of the 2010 Federal Census.
Section 5: Be it further resolved that the Mayor and Recorder-Treasurer are hereby authorized to take such additional or other steps as are necessary to complete or perfect this application for Elkins to be advanced to the City of the First Class Status as provided by ACA Section 14-37-108.
PASSED AND APPROVED this 19th day of October, 2017
L. BRUCE LEDFORD, Mayor
DELIA FOSTER, Recorder-Treasurer