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• <br /> Memo to Les Lyle <br /> September 3, 1993 <br /> Page 4 <br /> In conclusion, we want to reiterate the importance of documenting facts that support <br /> the decision to use SDC revenue on a given project. This documentation should go beyond <br /> just the allocation of a percentage or dollars in the CIP. You should have at least a file <br /> memo describing the factual basis for determining the project is related to current or <br /> projected development. It is the key to withstanding a challenge that the revenue was <br /> misspent and must be replaced. <br /> The risk of challenge on SDC expenditures extends for two years after the <br /> expenditure. (EC 7.735(2), ORS 223.302) If the expenditure is improper ORS 223.302(1) <br /> requires the City to replenish the SDC fund within one year. Further, if the money is <br /> misspent there may be personal liability for the public officials authorizing such an <br /> expenditures (ORS 294.100; *26, Eugene Charter of 1976) and possible removal from office. <br /> If you have any questions, please call. <br /> HARRANG LONG WATKINSON <br /> LAIRD & RUBENSTEIN <br /> By: <br /> A. Keith Martin <br />