Opinion No. ( 1998 )

Mr. William David Mullen Attorney at Law 119 S.W. Second, P.O. Box 567 Walnut Ridge, Arkansas 72476

Dear Mr. Mullen:

You have requested approval, pursuant to the Interlocal Cooperation Act [A.C.A. § 25-20-101 et seq.], of a proposed interlocal agreement between the Town of Lynn, Arkansas, and the Town of Strawberry, Arkansas.

You have submitted a copy of the agreement, under the terms of which the parties agree generally to cooperate in the creation and operation of a wastewater treatment facility.

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

(1) The duration of the agreement;

(2) The purposes of the agreement;

(3) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for it;

(4) The methods of accomplishing termination of the agreement and for the disposal of property upon termination;

(5) Any other necessary and proper matters.

A.C.A. § 25-20-104(c).

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;

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

A.C.A. § 25-20-104(d).

The agreement that you have submitted must specify all of the above-listed items.

Having analyzed the agreement between the Town of Lynn, Arkansas, and the Town of Strawberry, Arkansas, under the requirements of the Interlocal Cooperation Act, I find that the agreement meets those requirements, and is therefore hereby approved in its current form.

The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Suzanne Antley.

Sincerely,

WINSTON BRYANT Attorney General

WB:SBA/cyh