ORS 289.220
Covenants regarding bond issuance

The official action authorizing the issuance of bonds under this chapter to finance or refinance, in whole or in part, the acquisition, purchase, construction, reconstruction, installation, improvement, betterment, extension, management, operation or funding of a project may contain covenants that limit the exercises of powers conferred by this chapter in the following respects and in other respects as the state, acting through the State Treasurer, or the designee of the treasurer may decide:

(1)

The rents to be charged for the use of properties acquired, purchased, constructed, reconstructed, installed, improved, bettered, extended, managed, operated or funded under the authority of this chapter;

(2)

The use and disposition of the revenues of projects;

(3)

The creation and maintenance of sinking funds and the regulation, use and disposition thereof;

(4)

The creation and maintenance of funds to provide for maintaining the eligible project and replacement of properties depreciated, damaged, destroyed or condemned;

(5)

The purpose or purposes to which the proceeds of sale of bonds may be applied and the use and disposition of such proceeds;

(6)

The nature of mortgages or other encumbrances on the eligible project made in favor of the holder or holders of such bonds or a trustee therefor;

(7)

The events of default and the rights and liabilities arising thereon and the terms and conditions upon which the holders of any bonds may bring any suit or action on such bonds or on any coupons appurtenant thereto;

(8)

The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of the eligible project;

(9)

The insurance to be carried upon the eligible project and the use and disposition of insurance moneys;

(10)

The keeping of books of account and the inspection and audit thereof;

(11)

The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and the terms and conditions upon which such declaration and its consequences may be waived;

(12)

The rights, liabilities, powers and duties arising upon the breach by the municipality or redevelopment agency of any covenants, conditions or obligations;

(13)

The appointing of and vesting in a trustee or trustees of the right to enforce any covenants made to secure or to pay the bonds, the powers and duties of such trustee or trustees and the limitation of their liabilities;

(14)

The terms and conditions upon which the holder or holders of the bonds, or the holders of any proportion or percentage of them, may enforce any covenants made under this chapter;

(15)

A procedure by which the terms of any official action authorizing bonds or of any other contract with bondholders, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and the amount of bonds the holders of which may consent thereto, and the manner in which such consent may be given; and

(16)

The subordination of the security of any bonds issued under this chapter and the payment of principal and interest thereof, to the extent considered feasible and desirable by the state, to other bonds or obligations of the state issued to finance the eligible project or that may be outstanding when the bonds thus subordinated are issued and delivered. [1989 c.820 §13; 2010 c.3 §5]

Source: Section 289.220 — Covenants regarding bond issuance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors289.­html.

Green check means up to date. Up to date

Current through early 2024

§ 289.220’s source at oregon​.gov