ANSWER THAT QUESTION AS A MATTER OF LAW. DEPENDING UPON THE EXACT TYPE OF DRAINAGE AREA IN QUESTION, AND THE FACTUAL HISTORY BEHIND ITS CREATION AND OPERATION, THE ANSWER MIGHT BE YES OR NO. IN GENERAL, MUNICIPAL GOVERNMENTS ONLY HAVE THE AUTHORITY TO EXPEND MUNICIPAL FUNDS TO BENEFIT THE CITIZENS OF THE MUNICIPALITY, AND ARE FORBIDDEN TO MAKE GIFTS TO OTHER CORPORATIONS OF THE STATE. OKLA. CONST., ARTICLE X, SECTION 17. IF THE AREA YOU ARE REFERRING TO IS ONE WHERE THE CITY HAS OR HAS HAD ABSOLUTELY NO POLITICAL RESPONSIBILITY OVER, OTHER THAN PERHAPS A SINCERE CONCERN FOR THE WELFARE OF THE CITIZENS LIVING IN THAT AREA, I CANNOT SEE HOW THE CITY WOULD HAVE ANY DUTY TO MAINTAIN DRAINAGE AREAS NOT IN ITS AREA OF JURISDICTION. RATHER, THE MAINTENANCE OF THOSE AREAS WOULD APPEAR TO BE THE RESPONSIBILITY OF THE POLITICAL SUBDIVISION OR OTHER ENTITY CREATING THE DISTRICT TO BEGIN WITH, OR NOW IN CONTROL OF THE IMPROVEMENTS MADE. AND EVEN THAT DUTY MAY BE LIMITED IN MANY WAYS, DEPENDING UPON THE NEED FOR CONTINUING MAINTENANCE AND OPERATION THAT IS ACTUALLY PRESENT IN ANY GIVEN CASE, A SUBJECTIVE CALL THAT THIS OFFICE COULD NOT MAKE IN ANY EVENT.
IN THIS VEIN, HOWEVER, IT MIGHT BE POSSIBLE, GIVEN A PROPER SET OF BACKGROUND FACTS, FOR A CITY AND ANOTHER FORM OF GOVERNMENT TO PROVIDE A MEANS FOR SOME SHARED EXPENSES OF MAINTAINING DRAINAGE AREAS. THE INTERLOCAL COOPERATION AGREEMENT ACT, 74 O.S. 1001, ET SEQ., PERMITS PUBLIC BODIES IN THE STATE TO MUTUALLY CONTRACT WITH ONE ANOTHER TO MINIMIZE DUPLICATION OF EFFORTS AND TO MINIMIZE THE COST TO THE PUBLIC OF PROVIDING SERVICES TO IT. WHERE TWO OR MORE PUBLIC BODIES BOTH INDEPENDENTLY HAVE THE POWER TO PROVIDE THE SAME TYPE OF SERVICES TO MEMBERS OF THE PUBLIC, IN SOME CIRCUMSTANCES, THOSE PUBLIC BODIES MAY CONTRACTUALLY AGREE TO SHARE EXPENSES OR COSTS OF EQUIPMENT ASSOCIATED WITH PROVIDING THOSE SERVICES.
THE ACT IS NOT A PANACEA, AND AN INDIVIDUAL REVIEW OF ANY GIVEN PLAN WOULD HAVE TO BE MADE BEFORE ANY CONCRETE EVALUATION COULD BE MADE AS TO THE LEGITIMACY OF THE ARRANGEMENT. HOWEVER, IT IS A MECHANISM THAT WILL SOMETIMES PERMIT PUBLIC BODIES TO COOPERATE WITH ONE ANOTHER IN WAYS THAT ARE NOT ORDINARILY AVAILABLE TO THEM.
BEYOND THESE GENERAL INFORMATIONAL STATEMENTS, IT IS QUITE DIFFICULT TO PROVIDE YOU WITH ANY REALLY MORE CONCRETE COMMENTARY ABOUT THE RESPONSIBILITIES, OR CAPACITIES, THAT A MUNICIPALITY OR COUNTY MIGHT HAVE RELATIVE TO THE REPAIR AND UPKEEP OF DRAINAGE FACILITIES. IF YOU HAVE SOME SPECIFIC PROBLEM IN MIND, I WOULD BE MOST HAPPY TO DISCUSS THE MATTER WITH YOU OR SOMEONE OF YOUR CHOICE IN MORE DEPTH. PLEASE FEEL FREE TO CALL ME AT YOUR CONVENIENCE IF YOU HAVE ANY QUESTIONS ABOUT THIS LETTER OR DESIRE A MORE DETAILED ANALYSIS OF SOME MORE PRECISELY FRAMED SITUATION.
(MICHAEL SCOTT FERN)