FACT. 74 O.S. 18B.
BACKGROUND INFORMATION RELATED TO YOUR SECOND QUESTION REFLECTS THAT EODD WAS ORGANIZED PURSUANT TO THE OKLAHOMA INTERLOCAL COOPERATION ACT, 74 O.S. 1001, ET SEQ. (THE "ACT"), IN 1973 (ALTHOUGH IT APPEARS TO HAVE BEEN APPROVED BY THEN ATTORNEY GENERAL LARRY DERRYBERRY IN APRIL, 1971). MEMBERSHIP IS ALLOWED THEREIN PURSUANT TO SECTION IV TO INCLUDE PUBLIC AGENCIES WITHIN THE COUNTIES THE ASSOCIATION SERVES. SECTION IV, SUBSECTIONS 2 AND 3 ALLOW, IN ADDITION, NON-PUBLIC ENTITIES TO MAINTAIN "ASSOCIATE" AND "PARTICIPATING" MEMBERSHIPS, THE LATTER UPON PAYMENT OF AN ANNUAL ASSESSMENT. INFORMATION REFLECTS THAT THE CURRENT CHAIRMAN OF THE EODD REPRESENTS PRIVATE BUSINESSES AND THAT OTHER BOARD MEMBERS ARE NOT AFFILIATED WITH PUBLIC ENTITIES.
SECTION 1004 OF THE ACT PROVIDES, IN PART:
"(A) ANY POWER OR POWERS, PRIVILEGES OR AUTHORITY EXERCISED OR CAPABLE OF EXERCISE BY A PUBLIC AGENCY OF THIS STATE MAY BE EXERCISED AND ENJOYED JOINTLY WITH ANY OTHER PUBLIC AGENCY OF THIS STATE, AND JOINTLY WITH ANY PUBLIC AGENCY OF ANY OTHER STATE OR OF THE UNITED STATES TO THE EXTENT THAT LAWS OF SUCH OTHER STATE OR OF THE UNITED STATES PERMIT SUCH JOINT EXERCISE OR ENJOYMENT. ANY AGENCY OF THE STATE GOVERNMENT WHEN ACTING JOINTLY WITH ANY PUBLIC AGENCY MAY EXERCISE AND ENJOY ALL OF THE POWERS, PRIVILEGES AND AUTHORITY CONFERRED BY THIS ACT UPON A PUBLIC AGENCY.
(B) ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO AGREEMENTS WITH ONE ANOTHER FOR JOINT OR COOPERATIVE ACTION PURSUANT TO THE PROVISIONS OF THIS ACT. APPROPRIATE ACTION BY ORDINANCE, RESOLUTION OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE PARTICIPATING PUBLIC AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT MAY ENTER INTO FORCE(.)"
(EMPHASIS ADDED.)
IT IS, OF COURSE, NECESSARY IN THE INTERPRETATION OF STATUTES TO FOLLOW THE PLAIN INTENT OF THE LEGISLATURE. CARTWRIGHT V. GEORGIA PACIFIC CORP., 663 P.2D 718 (OKLA.1982). WORDS IN STATUTES ARE TO BE GIVEN THE ORDINARY MEANINGS UNLESS OTHERWISE DEFINED BY THE LEGISLATURE. (25 O.S. 1) HOWEVER, SECTION 74 O.S. 1003 OF THE ACT PROVIDES A DEFINITION FOR " PUBLIC AGENCY " AS FOLLOWS:
"FOR THE PURPOSES OF THIS ACT, THE TERM "PUBLIC AGENCY" SHALL MEAN ANY POLITICAL SUBDIVISION OF THIS STATE; ANY AGENCY OF THE STATE GOVERNMENT OR OF THE UNITED STATES; EACH AND EVERY PUBLIC TRUST OF THIS STATE REGARDLESS OF WHETHER THE BENEFICIARY OF SUCH TRUST IS A MUNICIPALITY, A COUNTY, OR THE STATE OF OKLAHOMA EXCEPT THE OKLAHOMA ORDNANCE WORKS AUTHORITY; AND ANY POLITICAL SUBDIVISION OF ANOTHER STATE."
WHERE THE LEGISLATURE HAS DEFINED A TERM, THAT DEFINITION PREEMPTS THE COMMON MEANING THEREOF. 25 O.S. 2. SEE ALSO MINNIX V. STATE, 282 P.2D 772 (OKL.CR.1955).
IN THIS LIGHT, THE SPECIFIC GRANT OF AUTHORITY FROM THE LEGISLATURE ALLOWED PUBLIC ENTITIES, AND ONLY SUCH, TO ENTER INTO COOPERATIVE AGREEMENTS. THIS WOULD SEEM TO BE REINFORCED IN SECTION 1004 BY THE CONSISTENT USE OF THAT TERM BY THE LEGISLATURE IN THE LANGUAGE OF THAT SECTION. A REVIEW OF CASES LITIGATED AND ATTORNEY GENERAL OPINIONS ISSUED IN REGARD TO THE