Developing Intergovernmental Agreements for Water Trails

Water trails provide a unique opportunity for local governments and advocacy groups to work together toward a common goal.

By utilizing intergovernmental agreements (IGAs), local taxing bodies—such as park districts, forest preserve districts, and municipalities—can join forces to provide high-quality trail facilities and services at significant costs savings. Executed properly, IGAs benefit large numbers of citizens with a minimal burden to taxpayers.

Here's a checklist for developing your own IGA:

• Identify each contracting agency, i.e., the state, county, city, town, or other public or municipal agency.
• Include in the agreement the exact statutory references under which each contracting party is empowered or authorized to exercise the powers contemplated.
• State the duration of the agreement.
• State the purpose or purposes to be accomplished.
• Explicitly identify financing for the project and, where applicable, state the manner of establishing and maintaining a budget.
• State the method and means of partial or complete termination.
• Where property is to be acquired solely for the accomplishment of the purpose(s) of the agreement, provide a means or method for disposing of such property upon the termination or completion of the agreement.
• Provide in the agreement that it will be filed with the local government recorder’s office. State that the agreement will not become effective until after it has been filed.
• Provide terms for cancellation in the agreement.
• State that all parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, nondiscrimination, and affirmative action.
• State that, in the event of a dispute, parties agree to use arbitration.
• Provide that the parties agree to retain all books, accounts, reports, files, and other records relating to the agreement and to make such records available at all reasonable times for inspection and audit during the term of and for a period of five years after the completion of the agreement.
• Include with any agreement, authenticated copies of each "appropriate action by ordinance, resolution or otherwise" of the governing bodies authorizing the future execution (signing) thereof.
• After the governing bodies or their agents have made a favorable determination, the parties should then execute the agreement and file it with the appropriate recording office.