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
The Pulaski Area Geographic Information System (PAGIS) is a long-running cooperative GIS shop, jointly run by Little Rock, North Little Rock, Jacksonville, Sherwood, Maumelle, Pulaski County's Public Works department, Central Arkansas Water, the Little Rock Water Reclamation Authority, and North Little Rock Wastewater Utility. PAGIS exists under Arkansas's Interlocal Cooperation Act, which lets local governments pool resources for joint projects but requires the Attorney General to sign off on each agreement and each renewal.
Central Arkansas Water's general counsel sent the Sixth Restatement and Amendment of the agreement up for review. The AG walked through the statutory checklist, confirmed the document covers duration, organization, purpose, financing, termination, and property handling, and approved it. Same office had previously approved earlier versions in 1997, 2005, and 2015.
What this means for you
Local government attorneys
If you are renewing or amending an interlocal agreement that was previously approved, the AG's review is not a rubber stamp but the office is checking the same statutory checklist (A.C.A. § 25-20-104(c) and (d)) every time. Make sure each item is addressed clearly in the document itself: duration, the legal nature of any entity created, purposes, financing, termination, and how property is handled. If your agreement does not create a separate legal entity, you also need to name the administrator or joint board responsible and explain how property is acquired and disposed of.
Public works and utility managers
Joint operations like PAGIS are common in Arkansas because the Interlocal Cooperation Act gives counties, cities, and utilities a clear path to share infrastructure costs. The Sixth Restatement language matters because it sets your governance, your dues structure, and what happens if a partner pulls out. Read the whole thing before you sign, and keep a copy with the AG approval letter.
Citizens and reporters covering Pulaski County
Approval letters like this one are public records and explain who is paying for what in joint local services. PAGIS is the GIS data backbone for local government in central Arkansas, including parcel data, public works mapping, and utility infrastructure mapping. Knowing which entities are partners (and which are paying) is useful background when reading other budget or service stories.
Common questions
Why does the Attorney General have to approve interlocal agreements at all?
The Interlocal Cooperation Act requires it as a check on whether cooperative public agency undertakings meet statutory requirements. Local officials can negotiate whatever terms they want, but the agreement does not become operative until the AG verifies that the document covers the items the legislature decided are mandatory.
What happens if the AG disapproves an interlocal agreement?
The AG must explain in writing why the agreement falls short. The parties can then revise it and resubmit. Opinion 2024-059 is an example of disapproval, where a similar agreement for library services between Craighead and Poinsett counties failed because it did not name an administrator or address property disposition.
Is PAGIS itself a separate legal entity?
The agreement structure is a cooperative undertaking among public agencies rather than a new entity. Each member retains its own corporate existence and contributes per the cost-sharing formula in the agreement.
How long is the agreement good for?
The duration is set in the agreement itself. The AG opinion does not specify the term but confirms that the duration is included as required.
Background and statutory framework
The Interlocal Cooperation Act, A.C.A. §§ 25-20-101 to -524, is Arkansas's enabling statute for "joint or cooperative action" between public agencies. A "public agency" includes counties, cities, and any "political subdivision" of the state. See A.C.A. § 25-20-103(1).
Section 25-20-104(c) requires every interlocal agreement to specify:
1. Duration
2. Precise organization, composition, and nature of any separate legal entity created, with delegated powers
3. Purposes of the agreement
4. Manner of financing and budgeting
5. Methods for termination and disposing of property upon termination
6. Any other necessary and proper matters
If the agreement does not create a separate legal entity, A.C.A. § 25-20-104(d) adds two more required items: a named administrator or joint board, and a method for acquiring, holding, and disposing of real and personal property.
A.C.A. § 25-20-104(f) gives the Attorney General the review and approval role.
Citations
- A.C.A. §§ 25-20-101 to -524 (Interlocal Cooperation Act)
- A.C.A. § 25-20-103(1) (definition of "public agency")
- A.C.A. § 25-20-104(c), (d), (f) (mandatory contents and AG approval requirement)
- Ark. Att'y Gen. Op. 2002-345 (discussing what counts as a "political subdivision" and therefore a "public agency")
- Prior approvals: Ark. Att'y Gen. Ops. 2015-039, 2005-106, 97-366
Source
Original opinion text
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, 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, 2005, and 1997. 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 of any interlocal agreement to undertake a joint enterprise among "public agencies."
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.
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.
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