ORS Chapter 263 - Oregon Statutes

Chapter 263 — ConventionFacilities

 

2009 EDITION

 

 

CONVENTIONFACILITIES

 

PUBLICORGANIZATIONS FOR COMMUNITY SERVICE

 

263.210     Creationof sports and convention facilities commission by ballot measure

 

263.230     Commissionboard of directors; meetings; vacancies; employees and agents

 

263.240     Generalpowers of commission

 

263.250     Powerto lease or contract for use of facilities; use of revenues to pay bonds

 

263.260     Authorityto issue revenue and general obligation bonds

 

263.270     Fundto pay principal and interest on bonds; pledge of revenues

 

263.280     Annualbudget; approval by county

 

263.290     Realand personal property of commission exempt from taxation

 

263.300     Liberalconstruction of statutes

 

      263.010 [Repealed by1957 c.38 §1]

 

      263.020 [Repealed by1957 c.38 §1]

 

      263.030 [Repealed by1957 c.38 §1]

 

      263.040 [Repealed by1957 c.38 §1]

 

      263.050 [Repealed by1957 c.38 §1]

 

      263.060 [Repealed by1957 c.38 §1]

 

      263.070 [Repealed by1957 c.38 §1]

 

      263.080 [Repealed by1957 c.38 §1]

 

      263.090 [Repealed by 1957c.38 §1]

 

      263.100 [Repealed by1957 c.38 §1]

 

      263.110 [Repealed by1957 c.38 §1]

 

      263.120 [Repealed by1957 c.38 §1]

 

      263.130 [Repealed by1957 c.38 §1]

 

      263.210Creation of sports and convention facilities commission by ballot measure. (1) The governingbody of a county may submit to a vote by the electors of that county aproposition 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 ConventionFacilities Commission of _____ County, Oregon” or other similar distinctivename.

      (b)The number of commissioners, which shall be nine.

      (3)Upon the approval by the voters of such a ballot measure in a county-wideelection, the commission shall be deemed established as a municipal corporationof this state and as a body corporate and politic exercising public powers. [1985c.654 §1; subsections (2) and (3) formerly 263.220]

 

      263.220 [1985 c.654 §2;renumbered 263.210 (2) and (3) in 2005]

 

      263.230Commission board of directors; meetings; vacancies; employees and agents. (1) Thecommission shall be managed and controlled by a board of directors consistingof all nine commissioners, who shall be appointed by the governing body of acounty. The governing body of a county shall appoint commissioners so as toassure fair representation of the various geographic areas of the county by theboard of directors. The directors may be removed for cause or at the will ofthe governing body of a county.

      (2)Immediately after January 15 of each year, the board shall hold its annualmeeting. It shall elect one of the members president, another vice president,another treasurer and another secretary to perform the duties of thoserespective offices. The officers serve from the date of their election untiltheir successors are elected and qualified.

      (3)The board of directors shall adopt and may amend rules for calling andconducting its meetings and carrying out its business and may adopt an officialseal. All decisions of the board shall be by motion or resolution and shall berecorded in the board’s minute book which shall be a public record. A majorityof the board shall constitute a quorum for the transaction of business and amajority of the board shall be sufficient for the passage of any such motion orresolution.

      (4)If a vacancy occurs on the board, the governing body of the county shallappoint 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 andprovide for their compensation. [1985 c.654 §3]

 

      263.240General powers of commission. A commission shall have all powersnecessary to accomplish the purpose of providing sports and conventionfacilities 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, orotherwise, and to improve, extend, maintain, manage, operate, equip and furnishsports and convention facilities located within the corporate limits of thecounty in which the commission is created.

      (3)To lease such sports and convention facilities to any private corporationswhich are operating or propose to operate a sports and convention facility uponsuch terms and conditions as the board of directors deems appropriate, tocharge and collect rents and to terminate any such lease upon default of thelessee.

      (4)To enter into options and agreements for the renewal or extension of suchleases of such sports and convention facilities or for the conveyance of suchsports and convention facilities.

      (5)To lease, license or enter into agreements relating to the use of such sportsand convention facilities and may fix, alter, charge and collect rentals, feesand charges for the use, occupancy and availability of all or a part of suchsports and convention facilities.

      (6)To sell, exchange, donate and convey any or all of its sports and conventionfacilities or other assets.

      (7)To mortgage and pledge its assets, or any portion thereof, whether then ownedor thereafter acquired, to pledge the revenues and receipts from such assets,to acquire, hold and dispose of mortgages and other similar documents relatingto sports and convention facilities, and to arrange and provide for guarantyand 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]

 

      263.250Power to lease or contract for use of facilities; use of revenues to pay bonds. In addition tothe powers granted under ORS 263.240, the commission shall also have the powerto lease to any municipality or person, or to contract for the use or operationby any municipality or person, of all or any part of the facilities authorizedby this chapter, including but not limited to parking facilities, concessionfacilities of all kinds and any property or property rights appurtenant to suchfacilities for such period and under such terms and conditions and upon suchrental, fees and charges as the commission may determine, and may pledge all orany portion of such rentals, fees and charges and all other revenue derivedfrom the ownership or operation of such facilities to pay and secure thepayment of general obligation bonds or revenue bonds issued for authorizedpurposes. [1985 c.654 §5]

 

      263.260Authority to issue revenue and general obligation bonds. (1) For thepurpose of providing sports and convention facilities for the people of Oregonand to exercise the powers granted by ORS 263.240 (2), the commission may issuerevenue and bond anticipation notes or their equivalent, revenue bonds andgeneral obligation bonds within the limitation now or hereafter prescribed bythe 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 todo so by a majority of the electors voting at a county-wide election other thanthe election at which the commission is established.

      (2)The commission may provide that such bonds mature not more than 40 years fromdate of their issue and may provide that such bonds also be made payable fromany otherwise unpledged revenues which may be derived from the ownership oroperation of any sports and convention facilities. The commission shall alsohave the power to advance refund bonds issued hereunder in accordance with thelaws of Oregon.

      (3)The commission may include in the principal amount of any bonds issued tofinance a sports and convention facility an amount for engineering,architectural, planning, financial, legal and other services and chargesincident to the acquisition or construction of sports and conventionfacilities, an amount to establish necessary reserves and an amount necessaryfor interest during the period of construction of any facilities to be financedfrom the proceeds of such issue plus six months. [1985 c.654 §6]

 

      263.270Fund to pay principal and interest on bonds; pledge of revenues. (1) When acommission issues revenue bonds under this chapter, the resolution authorizingthe issuance of the revenue bonds shall create a special fund for the solepurpose of paying the principal of and interest on the bonds of each suchissue, into which fund board of directors may obligate the commission to payall or part of such amounts of the gross revenue of all or any part of thesports and convention facilities constructed, acquired, improved, added to,repaired or replaced pursuant to this chapter, or other designated revenues, asthe board of directors of the commission shall determine.

      (2)The principal of and interest on such bonds shall be payable only out of suchspecial fund or funds and the owners of such bonds shall have a lien and chargeagainst the gross revenue pledged to such fund or funds. [1985 c.654 §7]

 

      263.280Annual budget; approval by county. The commission shall prepare a budgetfor each fiscal year covering the projected operating expenses of thecommission and its sports and convention facilities and the estimated income topay the operating expenses. It shall submit the budget for review and approvalor rejection to the governing body of the county in which the commission wascreated. The commission may make expenditures only as provided in the budget asapproved, unless additional expenditures are approved by the governing body ofthe county. Payments to users of any sports and convention facility thatconstitute a contractual share of box office receipts are neither an operatingexpense nor an expenditure within the meaning of this section. [1985 c.654 §8]

 

      263.290Real and personal property of commission exempt from taxation. Any real orpersonal property acquired, owned, leased, controlled, used or occupied by acommission created pursuant to this chapter for the purposes of this chaptershall be exempt from taxation by this state or any political subdivision of thestate. [1985 c.654 §9]

 

      263.300Liberal construction of statutes. The provisions of this chapter shall beliberally construed to effect its purposes. [1985 c.654 §10]

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