Can central Arkansas cities, Pulaski County, and area water utilities renew their joint GIS interlocal agreement under Arkansas's Interlocal Cooperation Act?

Plain-English summary

Central Arkansas Water's general counsel submitted the Sixth Restatement and Amendment of the Pulaski Area Geographic Information System interlocal agreement for AG review. The listed parties were Little Rock, North Little Rock, Jacksonville, Sherwood, Maumelle, Pulaski County for its Public Works department, Central Arkansas Water, Little Rock Water Reclamation Authority, and North Little Rock Wastewater Utility. The AG noted that his office had approved similar agreements in 1997, 2005, and 2015.

The Interlocal Cooperation Act requires agreements for joint action to specify duration, purpose, financing and budgeting, termination and property disposition, and the organization and powers of any separate legal entity created. If the agreement does not create a separate entity, it must provide for an administrator or joint board and describe how property is acquired, held, and disposed of. The AG found that this submitted agreement met the applicable requirements and approved it.

The opinion does not reproduce the agreement or describe its particular cost-sharing terms. It also does not say whether this restatement created a separate legal entity. The AG listed both statutory paths before concluding that the agreement satisfied the law.

What this means for you

Participating cities, county, and utilities

The AG approved the specific agreement submitted for this regional GIS undertaking. His opinion confirms that the named parties count as "public agencies" under the Act, a point stated in a PDF footnote. For operational details such as contributions, governance, and duration, consult the agreement itself; the opinion does not report those terms.

Local government attorneys

When reviewing a proposed interlocal agreement, check the items in A.C.A. § 25-20-104(c). If it does not create a separate entity, also check the administrator or joint-board and property provisions in subsection (d). The AG's brief approval here confirms compliance but does not show how the parties drafted each term.

Residents and reporters

The opinion identifies the public agencies participating in the GIS agreement and records the AG's approval. It does not provide a member-by-member funding schedule, describe GIS datasets, or explain how a partner may withdraw. Those questions require the underlying agreement.

Common questions

Did the AG approve the GIS agreement?
Yes. After listing the Interlocal Cooperation Act's requirements, he wrote: "Having reviewed the Agreement, I find that it meets the requirements set forth above. Thus, I approve the Agreement as submitted."

Which organizations were parties?
The opinion names five cities, Pulaski County for its Public Works department, Central Arkansas Water, Little Rock Water Reclamation Authority, and North Little Rock Wastewater Utility.

Is PAGIS a separate legal entity?
The opinion does not answer that question. It states the rules for agreements that create a separate entity and those that do not, then approves the submitted agreement without describing which structure it uses.

Were earlier versions approved?
Yes. The opinion says the agreement alters similar agreements approved by the AG's office in 2015, 2005, and 1997. Its PDF footnotes cite the earlier opinion numbers.

Source

• Official Arkansas Attorney General opinion search: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/ (Opinion No. 2024-060, May 21, 2024; official two-page PDF, including footnotes)

Original opinion text

TIM GRIFFIN
ATTORNEY GENERAL

Opinion No. 2024-060

May 21, 2024

Mr. David E. Johnson
General Counsel
Central Arkansas Water
Post Office Box 1789
Little Rock, Arkansas 72203

Dear Mr. Johnson:

I am writing in response to your request, made in accordance with the Interlocal Cooperation Act, 1 for my review and approval of the renewal of an interlocal agreement between the cities of Little Rock, North Little Rock, Jacksonville, Sherwood, and Maumelle; Pulaski County for the benefit of its Public Works department; Central Arkansas Water; Little Rock Water Reclamation Authority; and North Little Rock Wastewater Utility, entitled “Pulaski Area Geographic Information System Interlocal Agreement (Sixth Restatement & Amendment)” (the “Agreement”). The Agreement alters similar agreements approved by this office in 2015, 2 2005, 3 and 1997. 4 It establishes the Pulaski Area Geographic Information System “to be a leader in providing high quality geographic information services that meet customer and management needs.”

The Act requires my approval 5 of any interlocal agreement to undertake a joint enterprise among “public agencies.” 6

1
A.C.A. §§ 25-20-101 to -524.
2
Ark. Att’y Gen. Op. 2015-039.
3
Ark. Att’y Gen. Op. 2005-106.
4
Ark. Att’y Gen. Op. 97-366.
5
A.C.A. § 25-20-104(f).
6
Each of the parties to the Agreement is a “public agency” within the definition of that term. Id. § 25-20-103(1). See generally Ark. Att’y Gen. Op. 2002-345 (discussing types of entities that are “political subdivisions” and therefore “public agencies” for purposes of the Act).

323 CENTER STREET, SUITE 200
LITTLE ROCK, ARKANSAS 72201
Mr. David E. Johnson
Opinion No. 2024-060
Page 2

The Act requires an agreement for joint or cooperative action to specify the following items:

(1) The duration of the agreement;
(2) The precise organization, composition, and nature of any separate legal entity created, together with the powers delegated to it;
(3) The purposes of the agreement;
(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for it;
(5) The methods for accomplishing complete or partial termination of the agreement and for disposing of property upon termination; and (6) Any other necessary and proper matters. 7

Additionally, if the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must contain the following items:

(1) Provisions for an administrator or joint board responsible for administering the joint or cooperative undertaking;
(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. 8

Having reviewed the Agreement, I find that it meets the requirements set forth above. Thus, I approve the Agreement as submitted.

Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.

Sincerely,

TIM GRIFFIN
Attorney General

7
A.C.A. § 25-20-104(c).
8
Id. § 25-20-104(d).