BE ALLOWED TO BECOME INDEBTED, IN ANY MANNER, OR FOR ANY PURPOSE, TO AN AMOUNT EXCEEDING, IN ANY YEAR, THE INCOME AND REVENUE PROVIDED FOR SUCH YEAR WITHOUT THE ASSENT OF THREE-FIFTHS OF THE VOTERS THEREOF, VOTING IN AT AN ELECTION, TO BE HELD FOR THAT PURPOSE(.)"
TITLE 74 O.S. 1221 (1991), DOES NOT INDICATE THAT COUNTY GOVERNMENTS CONTRACTING WITH INDIAN GOVERNMENTS THROUGH 74 O.S. 1221 ARE EXEMPT FROM COMPLYING WITH THE RESTRICTIONS CONCERNING COUNTY LEASE-PURCHASING AGREEMENTS IN TITLE 62 O.S. 430.1 AND OKLA. CONST. ARTICLE X, SECTION 26. ACCORDINGLY "STATUTES, (AND GENERALLY CONSTITUTIONS) MUST BE CONSTRUED AS A CONSISTENT WHOLE IN HARMONY WITH COMMON SENSE AND REASON AND EVERY PORTION THEREOF SHOULD BE GIVEN EFFECT IF POSSIBLE." COWART V. PIPER AIRCRAFT CORP., 665 P.2D 315,317 (OKLA.1983).
THEREFORE, IT IS THE OPINION OF THE UNDERSIGNED ATTORNEY THAT A COUNTY GOVERNMENT PURSUANT TO 74 O.S. 1221 MAY ENTER INTO A LEASE-PURCHASING CONTRACT WITH AN INDIAN NATION TO BUILD A COUNTY JAIL FACILITY SO LONG AS THE AGREEMENT IS IN CONFORMITY WITH THE REQUIREMENTS FOUND IN 62 O.S. 430.1 AND THE OKLA. CONST. ARTICLE X, SECTION 26. HOWEVER, WHETHER A SPECIFIC AGREEMENT MEETS THE CRITERIA FOR A LEASE-PURCHASE AGREEMENT IS A QUESTION OF FACT THAT OUR OFFICE CANNOT ANSWER. 74 O.S. 18B(E).
(L. MICHELLE STEPHENS)