Oregon Statutes 223.262 – Assessment contracts; transfer of contract rights by local government; use of proceeds
(1) As used in ORS § 223.205 and 223.210 to 223.295:
Terms Used In Oregon Statutes 223.262
- Contract: A legal written agreement that becomes binding when signed.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Grantor: The person who establishes a trust and places property into it.
- Lien: A claim against real or personal property in satisfaction of a debt.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Trustee: A person or institution holding and administering property in trust.
(a) ‘Assessment contract’ means the obligation to pay final assessments in installments that arise when a property owner submits an application to pay assessments in installments under ORS § 223.210 or a similar provision of a local charter.
(b) ‘Assessment contract rights’ includes the right to receive installment payments of final assessments, with interest, made under an assessment contract, and the right to enforce the lien of the final assessment.
(2) Any local government that receives or expects to receive assessment contracts may:
(a) Sell or assign to third parties all or any portion of its assessment contract rights.
(b) Create corporations or other business entities to factor assessment contract rights.
(c) Create grantor trusts and transfer to the trusts assessment contract rights.
(d) Contract to service assessment contracts and assessment liens for the owners of assessment contract rights, or contract with third parties to service assessment contracts and assessment liens for the owners of assessment contract rights.
(e) Serve as a trustee for the owners of assessment contract rights.
(f) Enter into contracts necessary to carry out the provisions of this section.
(3) Any trust created under this section may fractionalize and sell assessment contract rights.
(4) Assessment contract rights, any interests therein and any interests in trusts secured primarily by assessment contract rights shall be exempt from registration under ORS § 59.055.
(5) If assessment contract rights that secure outstanding obligations of a local government are sold or assigned under this section, an amount shall be placed irrevocably in escrow that is calculated to be sufficient to pay all principal and interest on the outstanding obligations as they mature or are irrevocably called for prior redemption. Any sale proceeds not required to fund the escrow may be placed in the general fund of the local government. If only a portion of the contract rights securing outstanding obligations is sold, then the amount of outstanding obligations that must be defeased pursuant to this subsection shall be that proportion of the principal amount of the outstanding obligations that the principal amount of the contract rights that are sold represents to the total principal amount of the contract rights that secure the outstanding obligations. [1989 c.603 § 2; 1991 c.902 § 17; 2003 c.802 § 11; 2007 c.783 § 75]