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w <br />, , <br />Marion County <br />OREGON <br />OFFICE OF LEGAL COUNSEL <br />~ <br />Feb~~ry 18~1998 <br />,;;'~~ ~ <br />~^.A~r~ ~ <br />; ~-i'r7 ~ <br />~ <br />! <br />LEGAL COUNSEL . <br />Michael J. Hansen MEMOI2ANDUM <br />BOARD OF <br />COMMISSIONERS <br />Randall Franke <br />Gary Heer TO: Craig Luedeman, Director <br />Mary B. Pearmine Community Develo ment <br />FEB~~ 1996 <br />P <br />ASSISTANT LEGAL \,~ . . <br />BrOu e TS Arms[rong FROM: Mike Hansen I% i ~~ <br />Timothy T.A. )ensen Marion County Legal Counsel ~ Y <br />Gloria M. Roy <br />Jane Ellen 5[onecipher <br />~: Use of Lottery Funds for Courthouse Square Project <br />You ]iave asked whether or not Marion County must repay lottery funds <br />committed to development of the Courthouse Square Project if the County does not <br />proceed with construction. <br />The answer is: no. There are no constitutional provisions, statutes, or <br />administrative regulations which require repayment of the funds. Furthermore, even <br />if the County does not proceed with the Courthouse Square Project, the Senator Block <br />can be put to other uses which would qualify for a grant from lottery revenue. <br />Article XV, Section 4(d) provides that lottery revenues are to be spent for <br />activities creating jobs, furthering economic development or financing public <br />education. Marion County is one of the agencies required to report to the Jbint <br />Legislative Committee on Trade and Economic Development on the economic <br />consequences of expenditures of lottery proceeds. ORS 171.845. The County <br />receives a portion of the net video lottery receipts from the State Lottery funds for <br />economic development activities. ORS 461.547. - <br />There are no detailed guidelines in the constitution, Oregon Revised Statutes, <br />or Administrative Rules which advise the County on how it should expend monies <br />for economic development activities. There are no provisions for repayment of funds <br />expended. <br />However, it is clear that lottery proceeds to fund activities in conjunction with <br />the Courthouse Squaze Project are reasonable and consistent with the expectations of <br />the state. The Courthouse Square Project is a joint economic development project of <br />s.i0 Cen[er Street NE, Suite 312 • Salem, Oregon 9 73 01-3 6 70 •(503) 588-5220 • Fax (503) 373-4367 <br />