ORS 268.610
Ordinance authorizing revenue bonds

  • content
  • special trust funds
  • trustees
  • enforcement

(1)

Revenue bonds issued under ORS 268.600 (Issuance of revenue bonds) to 268.660 (Effect of ORS 268.600 to 268.660) shall be authorized at a meeting by ordinance of the governing body. The ordinance may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the funds, and may obligate a district to set aside and pay into a special trust fund for the purpose of securing revenue bonds, all or any portion of its revenues, regardless of the source from which derived, then existing or which thereafter come into existence. The governing body may, in addition thereto, pledge or mortgage for the payment of the principal of and interest on and premium, if any, of any issue of such bonds any property of a district. Notice that action upon the bond ordinance will be taken at the designated meeting of the governing body, shall be given for a period of not less than two consecutive weeks, prior to such meeting, by publication thereof once each week in a newspaper of general circulation, published within the corporate boundaries of the district or, if there be no such newspaper, by posting such notice for a period of not less than two weeks in three public places in the district.

(2)

The money in a special trust fund created by an ordinance authorizing an issue of revenue bonds shall be used solely for the purposes provided therefor by the ordinance.

(3)

The ordinance may obligate the district, and the district shall have power to fix, levy and collect such rates, rentals, fees and other charges for the use and services of all or any of its facilities, which revenues may be pledged to the payment of the principal of and interest on and premium, if any, of the revenue bonds or any of them and if so pledged shall be sufficient to produce revenues, along with other lawfully available funds, adequate to pay the costs of the operation, maintenance and repair of any or all district properties; to pay or provide for the payment of the principal of and interest on, and premium, if any, of such revenue bonds or any of them, including any reserves for such payment; and to produce such additional amount of revenues therefrom as the district may covenant with the holders of such revenue bonds.

(4)

The ordinance may provide that in the event the money in a special trust fund is insufficient to pay the revenue bonds to be paid out of the fund, such revenue bonds shall be payable out of any part or all of other nonpledged revenues of the district. Whenever all bonds and expenses thereof have been paid so that no charge remains upon such special fund, the governing body may, by ordinance, transfer any balance remaining in such fund to its general fund, discharge the trustee, if any, and dissolve the special fund. Any trustee authorized to administer the fund may, subject to approval of the governing body, invest and reinvest moneys in the special fund in any security or securities in which the State of Oregon may by law invest.

(5)

If the governing body fails to set aside and pay revenues into a special trust fund as required by the ordinance authorizing the issuance and sale of the bonds secured by the fund, a holder of any of such bonds may bring suit against the district to compel compliance with the provisions of the ordinance in the circuit court of the county in which the district has its principal office.

(6)

In the ordinance authorizing the issuance of revenue bonds under ORS 268.600 (Issuance of revenue bonds) to 268.660 (Effect of ORS 268.600 to 268.660) and pledging all or any portion of the district’s revenues to the payment of such revenue bonds:

(a)

The district may reserve the right to pledge from time to time on a parity basis all or any part of such pledged revenues as security for any one or more series of revenue bonds thereafter issued by the district, and in the event the right so reserved by the district is exercised all revenue bonds secured by such pledged revenues shall be equally and ratably secured thereby without preference or priority of any kind of any bond or series of bonds secured thereby over any other bond or series of bonds secured thereby; and

(b)

The district may reserve the right to pledge from time to time on a subordinated basis all or any part of such pledged revenues as security for any one or more series of revenue bonds thereafter issued by the district.

(7)

Any pledge of revenues by a district made pursuant to this section or ORS 268.590 (Credit enhancement of district bonds and other obligations) shall be valid, binding and fully perfected from and after the date of issuance of the revenue bonds secured thereby and the revenues pledged shall be immediately subject to the lien of such pledge without the physical delivery thereof, the filing of any notice or any further act. The lien of any such pledge shall be valid, binding and fully perfected against all persons having claims of any kind against the district whether in tort, contract or otherwise, irrespective of whether such persons have notice thereof. [1977 c.95 §10; 1987 c.623 §2]

Source: Section 268.610 — Ordinance authorizing revenue bonds; content; special trust funds; trustees; enforcement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors268.­html.

268.010
Short title
268.020
Definitions
268.030
Purpose of chapter
268.040
Exemption from public utility regulation
268.060
Costs of elections
268.220
Employees’ rights when district assumes a function of another public corporation, city or county
268.230
District to protect employees’ rights when an operating public transportation system is acquired
268.240
PERS membership for specified classes of district employees
268.300
Existence, status and general powers of district
268.310
Powers of district
268.313
Acquisition or construction of major facility
268.315
Authority of district to levy ad valorem tax
268.317
Solid and liquid waste disposal powers
268.318
District approval required for disposal, transfer or resource recovery site or facility
268.319
Reuse and recycling of electronic products
268.320
Elector approval of district actions
268.330
Powers when providing local aspects of service
268.340
Acquisition of property
268.343
Validation of certain easements acquired by district
268.345
Limitation on condemnation power for certain facilities
268.347
Boundary change within district and urban reserves
268.351
Definitions for ORS 268.347 and 268.354
268.354
Boundary change procedures
268.357
Authority to sell certain information
268.360
Authority to exercise police power
268.370
Authority to take over transit system of mass transit district
268.380
Land-use planning goals and activities
268.385
District as regional planning coordinator
268.390
Planning for activities and areas with metropolitan impact
268.393
Land use planning ordinance
268.500
Levy, collection, enforcement of ad valorem taxes
268.503
Vehicle registration fees
268.505
Income tax
268.507
Excise taxes
268.520
Authority to issue and sell general obligation bonds
268.525
Refunding bonds
268.530
Bond elections
268.590
Credit enhancement of district bonds and other obligations
268.600
Issuance of revenue bonds
268.610
Ordinance authorizing revenue bonds
268.620
Form and content of bonds
268.630
Borrowing in anticipation of bond sale
268.640
Sale of revenue bonds
268.650
Bonds as obligation of a political subdivision
268.660
Effect of ORS 268.600 to 268.660
268.710
Electors of county may adopt, amend, revise or repeal district charter
268.990
Penalties
Green check means up to date. Up to date