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tEGAL COUNSEL <br />Micfiaei J. Hansen <br />f,.._.~ <br />~" _ <br />~--~~ __ ! ~ ,, <br />,: <br />~> i~~ <br />Marion Coun~ ~ ~ :~ ~~~ ~~ ~ ~~ <br />O R E G O N ~--~ ~--' ~--1 ~~ <br />OFFICE OF LEGAL COUNSEL <br />December 23, 1997 <br />~~ <br />~ .~ <br />~ <br />- ----d.._..:.....e.~_.9 <br />BOARDOf TO: Randall Franke, Chair, Marion County BOC <br />COMMISSIONERS <br />Randall Franke <br />Gary Heer <br />Mary B. Pearmine FROM : Mike Hansen <br />ASSISTANT LEGAL Marion County Legal Counsel <br />COUNSEL <br />Bruce T. Armstrong RE : Courthouse Square <br />TimothyT.A.Jensen Allocation of Video Lotter Funds <br />Gioria M. Roy Y <br />Jane Ellen Stonecipher <br />the apportionment of duties, expenses, funds, revenue and <br />the transfer or possession of real and personal property. <br />ORS 190.020. Among the elements of the Courthouse Square <br />December 23, 1997 <br />The Special Projects Oversight Committee for <br />Courthouse Square has asked whether or not Marion County <br />has authority to allocate video lottery funds to the <br />Courthouse Square Project. Marion County did allocate <br />video lottery funds to the Courthouse Square Project by <br />Resolution No. 97-6R at a regular public meeting on March <br />12, 1997. The video lottery funds were allocated for the <br />purpose of providing a match to FTA grant funds of <br />approximately $1.8 million dollars. The Board of <br />Commissioners specifically found that the project met the <br />intent arid eligibility of economic development requirements <br />for a variety of reasons. <br />The Oregon Constitution provides that video <br />lottery proceeds may be used for a broad range of <br />activities that create jobs and further economic <br />development. Article XV, Section 4. ORS 461.547(1) <br />provides that the Oregon State Lottery Commission will <br />transfer a percentage of video lottery game receipts to <br />counties for "economic development activities". The Board <br />of Commissioners has broad discretion in this area. The <br />county is required to have an economic development plan and <br />to coordinate that plan with local governments. ORS <br />280.500 and 280.505. Marion County has done so. <br />In the case of Courthouse Square, Marion County <br />has entered into an intergovernmental agreement to <br />cooperate with the Salem Area Mass Transit District to <br />jointly construct, own, lease and operate certain <br />facilities. Our agreement includes many elements including <br />Courthouse Square <br />530 Ce~ter Street NE, Suite 312 • Salem, Oregon 97301-3670 •(503) 588-5220 • Fax (503) 373-4367 <br />