ORS 352.415
Repayment of outstanding state bonds and other obligations by public university
- provision of cash flow projections to State Treasurer
- agreement between public universities and State Treasurer
(1)
ORS 352.388 (Definitions for ORS 352.388 to 352.415) to 352.415 (Repayment of outstanding state bonds and other obligations by public university) do not impair the obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102), or agreements of the State of Oregon or the State Board of Higher Education with respect to state bonds issued before August 14, 2013, for the benefit of a public university listed in ORS 352.002 (Public universities).(2)
A public university listed in ORS 352.002 (Public universities) shall take all actions necessary to ensure full compliance with the operative documents executed with respect to state bonds issued before, on or after August 14, 2013, by the State Treasurer for the benefit of the public university.(3)
The State Treasurer, in consultation with the Oregon Department of Administrative Services, shall at least annually provide a public university listed in ORS 352.002 (Public universities) a schedule of outstanding state bonds and other obligations for which the university must pay, including the payment dates and amounts, or methods for determining the amounts. To prepare the schedule, the State Treasurer may request and rely upon information produced by one or more universities with a governing board or a shared services enterprise of the universities that provides services related to debt management. The schedule must include amounts sufficient to pay principal, interest and premium, if any, on the state bonds, and to pay administrative and other costs of the State of Oregon that are related to the state bonds or other obligations. If the State Treasurer issues state bonds for the benefit of a public university on or after August 14, 2013, that are intended to be repaid in whole or in part by university revenues or other moneys under the control of the university, the schedule shall be amended to include such state bonds and the amounts to be paid by the university. In the absence of manifest error, the schedule provided by the State Treasurer to a public university is binding on the university. The public university shall pay the amounts specified in the schedule provided by the State Treasurer on or before the dates specified in the schedule from the legally available revenue of the university and on a pari passu basis with the payment of any revenue bonds of the university issued pursuant to ORS 352.408 (Issuance of bonds by public universities).(4)
At the request of the State Treasurer, a public university listed in ORS 352.002 (Public universities) shall provide the State Treasurer with periodic cash flow projections and other information that allow the State Treasurer to review and approve the sufficiency of the university’s cash flow to pay amounts specified in the schedule described in subsection (3) of this section and to pay amounts owed under loans from state agencies that were funded with the proceeds of state bonds.(5)
Moneys deposited with the State Treasurer or the Oregon Department of Administrative Services in a debt service reserve account or otherwise for the portion of the debt service associated with obligations entered into before August 14, 2013, for the benefit of a public university listed in ORS 352.002 (Public universities) must remain with the State Treasurer or the Oregon Department of Administrative Services until the obligations have been retired or defeased. Earnings on moneys described in this subsection must be credited to the account or fund in which the moneys are held.(6)
The principal, interest, premium, if any, and any issuance costs of state bonds issued before, on or after August 14, 2013, for the benefit of a public university listed in ORS 352.002 (Public universities), and any related credit enhancement device or interest rate exchange agreement, shall be paid from the sources identified in the laws and operative documents authorizing the state bonds. The public university for which the state bonds were issued shall pay any other expenses and liabilities, including, but not limited to, legal expenses arising from an inquiry, audit or other action by a federal or state regulatory body, unless the expense or liability results solely from the negligence or willful misconduct of a state agency.(7)
Pursuant to ORS chapter 180, on behalf of the State Treasurer or any other state agency, the Attorney General shall appear, commence, prosecute or defend any action, suit, matter, cause or proceeding arising from any state bond issued for the benefit of a public university listed in ORS 352.002 (Public universities) and any related credit enhancement device or interest rate exchange agreement. As soon as practicable after a governing board is established by a public university pursuant to ORS 352.054 (Names of governing boards of public universities), the university and the State Treasurer shall enter into an agreement that addresses reimbursement of reasonable costs and expenses associated with the legal representation of the State Treasurer in connection with state bonds issued for the benefit of the public university before, on or after August 14, 2013, and any other topic necessary for the Department of Justice to provide legal representation to the State Treasurer in connection with state bonds issued for the benefit of the public university and to provide representation related to funds and accounts or services provided under ORS 352.135 (Use and investment of moneys).(8)
A public university listed in ORS 352.002 (Public universities) shall assume responsibility for the indemnity and defense of university officers, agents and employees with regard to, as applicable, claims asserted and actions commenced in connection with state bonds issued for the benefit of the public university. [Formerly 351.379; 2017 c.440 §30]
Source:
Section 352.415 — Repayment of outstanding state bonds and other obligations by public university; provision of cash flow projections to State Treasurer; agreement between public universities and State Treasurer, https://www.oregonlegislature.gov/bills_laws/ors/ors352.html.
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