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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 263 Convention Facilities
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(1) The governing body of a county may submit to a vote
by the electors of that county a proposition for the creation of a sports
and convention facilities commission.
(2) The ballot measure shall specify:
(a) The name of the commission, which shall be "The Multi-Event and
Convention Facilities Commission of _____ County, Oregon" or other
similar distinctive name.
(b) The number of commissioners, which shall be nine.
(3) Upon the approval by the voters of such a ballot measure in a
county-wide election, the commission shall be deemed established as a
municipal corporation of this state and as a body corporate and politic
exercising public powers. [1985 c.654 §1; subsections (2) and (3)
formerly 263.220](1) The commission shall be managed and
controlled by a board of directors consisting of all nine commissioners,
who shall be appointed by the governing body of a county. The governing
body of a county shall appoint commissioners so as to assure fair
representation of the various geographic areas of the county by the board
of directors. The directors may be removed for cause or at the will of
the governing body of a county.
(2) Immediately after January 15 of each year, the board shall hold
its annual meeting. It shall elect one of the members president, another
vice president, another treasurer and another secretary to perform the
duties of those respective offices. The officers serve from the date of
their election until their successors are elected and qualified.
(3) The board of directors shall adopt and may amend rules for
calling and conducting its meetings and carrying out its business and may
adopt an official seal. All decisions of the board shall be by motion or
resolution and shall be recorded in the board's minute book which shall
be a public record. A majority of the board shall constitute a quorum for
the transaction of business and a majority of the board shall be
sufficient for the passage of any such motion or resolution.
(4) If a vacancy occurs on the board, the governing body of the
county shall appoint a new member, who shall serve for the remainder of
the vacated term.
(5) The board may employ such employees and agents as it deems
appropriate and provide for their compensation. [1985 c.654 §3] A commission shall have all
powers necessary to accomplish the purpose of providing sports and
convention facilities for the people of Oregon including, without
limitation, the power:
(1) To sue and be sued in its own name.
(2) To acquire by purchase, construction, exchange, gift, lease,
lease-purchase, or otherwise, and to improve, extend, maintain, manage,
operate, equip and furnish sports and convention facilities located
within the corporate limits of the county in which the commission is
created.
(3) To lease such sports and convention facilities to any private
corporations which are operating or propose to operate a sports and
convention facility upon such terms and conditions as the board of
directors deems appropriate, to charge and collect rents and to terminate
any such lease upon default of the lessee.
(4) To enter into options and agreements for the renewal or
extension of such leases of such sports and convention facilities or for
the conveyance of such sports and convention facilities.
(5) To lease, license or enter into agreements relating to the use
of such sports and convention facilities and may fix, alter, charge and
collect rentals, fees and charges for the use, occupancy and availability
of all or a part of such sports and convention facilities.
(6) To sell, exchange, donate and convey any or all of its sports
and convention facilities or other assets.
(7) To mortgage and pledge its assets, or any portion thereof,
whether then owned or thereafter acquired, to pledge the revenues and
receipts from such assets, to acquire, hold and dispose of mortgages and
other similar documents relating to sports and convention facilities, and
to arrange and provide for guaranty and other security agreements
therefor.
(8) To enter into contracts, leases and other undertakings in its
own name.
(9) To adopt and amend resolutions. [1985 c.654 §4]In addition to the powers granted under ORS
263.240, the commission shall also have the power to lease to any
municipality or person, or to contract for the use or operation by any
municipality or person, of all or any part of the facilities authorized
by this chapter, including but not limited to parking facilities,
concession facilities of all kinds and any property or property rights
appurtenant to such facilities for such period and under such terms and
conditions and upon such rental, fees and charges as the commission may
determine, and may pledge all or any portion of such rentals, fees and
charges and all other revenue derived from the ownership or operation of
such facilities to pay and secure the payment of general obligation bonds
or revenue bonds issued for authorized purposes. [1985 c.654 §5]
(1) For the purpose of providing sports and convention facilities for the
people of Oregon and to exercise the powers granted by ORS 263.240 (2),
the commission may issue revenue and bond anticipation notes or their
equivalent, revenue bonds and general obligation bonds within the
limitation now or hereafter prescribed by the laws of this state. Such
notes and bonds shall be authorized, executed, issued and made payable in
accordance with the applicable laws of this state. The commission may
issue and sell such notes and bonds only when authorized to do so by a
majority of the electors voting at a county-wide election other than the
election at which the commission is established.
(2) The commission may provide that such bonds mature not more than
40 years from date of their issue and may provide that such bonds also be
made payable from any otherwise unpledged revenues which may be derived
from the ownership or operation of any sports and convention facilities.
The commission shall also have the power to advance refund bonds issued
hereunder in accordance with the laws of Oregon.
(3) The commission may include in the principal amount of any bonds
issued to finance a sports and convention facility an amount for
engineering, architectural, planning, financial, legal and other services
and charges incident to the acquisition or construction of sports and
convention facilities, an amount to establish necessary reserves and an
amount necessary for interest during the period of construction of any
facilities to be financed from the proceeds of such issue plus six
months. [1985 c.654 §6](1) When a commission issues revenue bonds under this chapter,
the resolution authorizing the issuance of the revenue bonds shall create
a special fund for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund board of
directors may obligate the commission to pay all or part of such amounts
of the gross revenue of all or any part of the sports and convention
facilities constructed, acquired, improved, added to, repaired or
replaced pursuant to this chapter, or other designated revenues, as the
board of directors of the commission shall determine.
(2) The principal of and interest on such bonds shall be payable
only out of such special fund or funds and the owners of such bonds shall
have a lien and charge against the gross revenue pledged to such fund or
funds. [1985 c.654 §7] The commission shall
prepare a budget for each fiscal year covering the projected operating
expenses of the commission and its sports and convention facilities and
the estimated income to pay the operating expenses. It shall submit the
budget for review and approval or rejection to the governing body of the
county in which the commission was created. The commission may make
expenditures only as provided in the budget as approved, unless
additional expenditures are approved by the governing body of the county.
Payments to users of any sports and convention facility that constitute a
contractual share of box office receipts are neither an operating expense
nor an expenditure within the meaning of this section. [1985 c.654 §8]Any real or personal property acquired, owned, leased,
controlled, used or occupied by a commission created pursuant to this
chapter for the purposes of this chapter shall be exempt from taxation by
this state or any political subdivision of the state. [1985 c.654 §9] The provisions of this
chapter shall be liberally construed to effect its purposes. [1985 c.654
§10]
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