§ 14-14-910 — Interlocal agreements

Arkansas § 14-14-910

• Jurisdiction: Arkansas
• Title: 14

Text

(a) Generally. The county court of each county may contract, cooperate, or join with any one (1) or more other governments or public agencies, including any other county, or with any political subdivisions of the state or any other states, or their political subdivisions, or with the United States to perform any administrative service, activity, or undertaking which any contracting party is authorized by law to perform. (b) Definitions. (1) "County interlocal agreement" means any service contract entered into by the county court which establishes a permanent or perpetual relationship thereby obligating the financial resources of a county. Grant-in-aid agreements enacted through an appropriation ordinance shall not be considered an interlocal agreement. (2) "Permanent or perpetual relationship" means for purposes of this section any agreement exhibiting an effective duration greater than one (1) year, twelve (12) calendar months, or an agreement exhibiting no fixed duration but where the apparent intent of the agreement is to establish a permanent or perpetual relationship. The interlocal agreements shall be authorized by ordinance of the quorum court. Any interlocal agreement enacted by ordinance may provide for the county to: (A) Cooperate in the exercise of any function, power, or responsibility; (B) Share the services of any officer, department, board, employee, or facility; and (C) Transfer or delegate any function, power, responsibility, or duty. (c) Contents. An interlocal agreement shall: (1) Be authorized and approved by the governing body of each party to the agreement; (2) Set forth fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties; and (3) Specify the following: (A) Its duration; (B) The precise organization, composition, and nature of any separate legal entity created; (C) The purposes of the interlocal agreement; (D) The manner of financing the joint or cooperative undertaking and establishing and maintaining a budget; (E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notification of the intent to withdraw by the governing body of the public agency wishing to withdraw; (F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including representation of the contracting parties on the joint board; (G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and (H) Any other necessary and proper matters. (d) Submission to Legal Counsel. Prior to and as a condition precedent to its final adoption and performance, every agreement made shall be submitted to legal counsel who shall determine whether the agreement is in proper form and compatible with all applicable laws. The legal counsel shall approve any agreement submitted to him or her unless he or she finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval. (e) Submission to Attorney General. Prior to and as a condition precedent to its final adoption and performance, every agreement including a state or a state agency shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of the State of Arkansas. The Attorney General shall approve any agreement submitted to him or her unless he finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval.

Legislative History

Acts 1977, No. 742, § 90; A.S.A. 1947, § 17-4007.