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•~ . LEGAL COUNSEL Michael J. Hansen BOARD OF COMMISSIONERS Randall Franke Gary Heer Mary B. Pearmine ASSISTANT LEGAL COUNSEL Bruce T. Armstrong Timothy T.A. )ensen Gloria M. Roy Jane Ellen Stonecipher ~ w;«,,,~.._,~__ ,~~; _ Marton Coun ~ ~ a~ ~ ~ ~, ~ ~ :. OREGON ~ ; ~ ~-M ~~~ ~ f~ ~ OFFICE OF LEGAL COUNSft~'f ~ ~ ~ ~~~ December 23, 1997 TO: Randall Franke, Chair, BOC ~ ~-- : ~~ ~ ~r ~ FROM: Mike Hansen Marion County Legal Counsel RE: Courthouse Square Solid Waste Fund Loan I understand that the Special Project.Oversight Committee has inquired whether it is lawful for Marion County to lend money from the Solid Waste Fund to the Courthouse Square Project. It is. ORS 294.460(1) provides in part "it shall be lawful to loan money from any fund to any other fund of the municipal corporation whenever the loan is authorized by an official resolution....". This statute has been part of the local budget law in the current form since 1979. In the case of State ex rel Weinstein v. Lane Countv, 71 OR App 238, 692 p. 2nd 135(1984) the Court of Appeals held that: "The language of ORS 294.460 is very clear that local governments may loan money from anv other fund." 692 P. 2d at 138. The Board of Commissioners adopted a resolution on April 23, 1997, and adopted another resolution on October 29, 1997, which extended the time for repayment until the end of the 1997-98 fiscal year. The resolutions and supporting documentation conform to the requirements of statute. The loan was properly made pursuant to ORS 294.460. cc: Billy Wasson, Courthouse Square Project Coordinator MJH/sb courhouse square:dept.lon 530 Center Street NE, Suite 312 • Salem, Oregon 97301-3670 •(503) 588-5220 • Fax (503) 373-4367