Did the Arkansas AG approve the seven-city interlocal agreement creating the Northwest Arkansas Razorback Greenway Alliance?

Plain-English summary

Springdale City Attorney Ernest B. Cate submitted a proposed interlocal cooperation agreement among the seven Northwest Arkansas cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista to AG Leslie Rutledge for review. The agreement created the Northwest Arkansas Razorback Greenway Alliance to coordinate "uniformity and consistency in the standards, operations, and management" of the Razorback Greenway, the multi-city paved trail that runs through the region. Each of the seven cities had previously adopted the Northwest Arkansas Razorback Greenway Operations and Management Plan, and the Alliance was the joint vehicle for implementing it.

Under Ark. Code Ann. § 25-20-104(f), interlocal cooperation agreements have to be reviewed and approved by the AG (when state-only) or by both the AG and the relevant federal officials (when federal partners are involved). Cate sought AG approval as required by the statute.

Rutledge confirmed that all seven cities qualified as "public agencies" because they are political subdivisions of the state under Ark. Code Ann. § 25-20-103(1)(B). She then walked through the statutory checklist of items the Interlocal Cooperation Act requires:

• Duration of the agreement.
• Identity of any separate legal entity created to conduct the joint undertaking.
• Purposes of the agreement.
• Manner of financing the joint undertaking and maintaining a budget.
• Methods of termination and disposal of property on termination.
• Any other necessary and proper matters.

(For agreements that do not establish a separate legal entity, additional items are required under Ark. Code Ann. § 25-20-104(d). The Razorback Greenway agreement did establish a separate entity, the Alliance, so the additional administrator/property items did not apply.)

Having reviewed the agreement, the AG found it met all of the requirements and approved it as submitted.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does AG approval of an interlocal agreement actually do?
Under Ark. Code Ann. § 25-20-104(f), an interlocal cooperation agreement that does not involve a federal agency requires AG approval before it can take effect. The AG reviews for compliance with the statutory checklist (purposes, duration, financing, etc.) and approves or returns the draft. Once approved, the agreement is filed and becomes effective.

Why did the seven cities use an interlocal agreement instead of just signing contracts?
The Interlocal Cooperation Act, Ark. Code Ann. § 25-20-101 et seq., is the standard Arkansas vehicle for joint or cooperative activity among public agencies. It supplies the legal framework for shared services, joint property holdings, and cooperative budgeting that ordinary contracts cannot easily replicate. For something like a multi-city trail with shared standards and shared management, an interlocal agreement is the typical tool.

Did the AG opine on whether the Greenway management plan itself was substantively sound?
No. Her review under Ark. Code Ann. § 25-20-104(f) is narrow: does the form of the agreement satisfy the statute's checklist? She did not pass on the substantive policy choices in the agreement.

What is the Razorback Greenway?
The Razorback Greenway is a multi-city paved trail in Northwest Arkansas. Each city had separately adopted the operations and management plan. The Alliance created here was the joint body to coordinate execution.

Background and statutory framework

The Interlocal Cooperation Act, Ark. Code Ann. § 25-20-101 et seq., authorizes public agencies in Arkansas to "exercise jointly with other public agencies any power, privilege, or authority capable of exercise by them separately." Section 25-20-104(c) lists the items every interlocal agreement must address: duration, separate legal entity (if any), purposes, financing, termination, and necessary and proper matters. Section 25-20-104(d) imposes additional items on agreements that do not establish a separate legal entity (administrator or joint board, manner of acquiring and disposing of property). Section 25-20-104(f) gives the AG (or, for federally-involved agreements, federal officials) review-and-approval authority over the form of the agreement.

Citations

Statutes:

• Ark. Code Ann. § 25-20-101 (Repl. 2014) (Interlocal Cooperation Act, short title)
• Ark. Code Ann. § 25-20-103(1)(B) (Supp. 2019) (definition of "public agency" includes political subdivisions of the state)
• Ark. Code Ann. § 25-20-104(a) (range of permissible joint exercises of power)
• Ark. Code Ann. § 25-20-104(c) (Repl. 2014) (mandatory items for any interlocal agreement)
• Ark. Code Ann. § 25-20-104(d) (Repl. 2014) (additional items for agreements without a separate legal entity)
• Ark. Code Ann. § 25-20-104(f) (Repl. 2014) (AG approval of interlocal agreements)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE

Opinion No. 2020-018
May 8, 2020

Ernest B. Cate, Esq.
Springdale City Attorney
201 Spring Street
Springdale, AR 72764

Dear Mr. Cate:

Pursuant to the Interlocal Cooperation Act, you have requested my approval of a proposed "agreement for joint, cooperative undertakings associated with the operations and management of the Northwest Arkansas Razorback Greenway" (the "Greenway") between the cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista, Arkansas.

You have submitted a copy of the Agreement. It provides for establishment of the Northwest Arkansas Razorback Greenway Alliance (the "Alliance") to facilitate the cities' joint cooperation "to [ensure] and facilitate uniformity and consistency in the standards, operations, and management" of the Greenway as outlined in the Northwest Arkansas Razorback Greenway Operations and Management Plan previously adopted by each of the above-listed cities. You seek my approval pursuant to the statutory requirement that I approve the form of any interlocal agreement.

The Interlocal Cooperation Act requires that interlocal agreements for joint or cooperative action specify the following items:

(1) The duration of the agreement;
(2) The identity of any separate legal entity to conduct the undertaking;
(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 of accomplishing termination of the agreement and for the disposal of property (if any) upon termination;
(6) Any other necessary and proper matters.

In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items:

(1) The provision for an administrator or a joint board that will be responsible for administering the joint or cooperative undertaking; and
(2) The manner of acquiring, holding, and disposing of real and personal property (if any) used in the joint or cooperative undertaking.

Having reviewed the proposed Northwest Arkansas Razorback Greenway Agreement, I find that it meets all of the requirements set forth above. Accordingly, I hereby approve the interlocal agreement as submitted.

Sincerely,

LESLIE RUTLEDGE
Attorney General