Oregon Statutes 287A.001 – Definitions for ORS chapter 287A
As used in this chapter:
Terms Used In Oregon Statutes 287A.001
- Advance refunding bond: means a bond all or part of the proceeds of which are to be used to pay an outstanding bond one year or more after the advance refunding bond is issued. See Oregon Statutes 287A.001
- Agreement for exchange of interest rates: means a contract, or an option or forward commitment to enter into a contract, for an exchange of interest rates for related bonds that provides for:
(a) Payments based on levels or changes in interest rates; or
(b) Provisions to hedge payment, rate, spread or similar exposure including, but not limited to, an interest rate floor or cap or an option, put or call. See Oregon Statutes 287A.001
- Bond: means a contractual undertaking or instrument of a public body to repay borrowed moneys. See Oregon Statutes 287A.001
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Credit enhancement device: means a letter of credit, line of credit, standby bond purchase agreement, bond insurance policy, reserve surety bond or other device or facility used to enhance the creditworthiness, liquidity or marketability of bonds or agreements for exchange of interest rates. See Oregon Statutes 287A.001
- Current refunding bond: means a bond the proceeds of which are to be used to pay or purchase an outstanding bond less than one year after the current refunding bond is issued. See Oregon Statutes 287A.001
- Forward current refunding: means execution and delivery of a purchase agreement or similar instrument under which a public body contracts to sell current refunding bonds for delivery at a future date that is one year or more after execution of the purchase agreement or similar instrument. See Oregon Statutes 287A.001
- General obligation bond: means exempt bonded indebtedness, as defined in ORS § 310. See Oregon Statutes 287A.001
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Refunding bond: means an advance refunding bond, a current refunding bond or a forward current refunding bond. See Oregon Statutes 287A.001
- Revenue: means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a public body or to which a public body is entitled. See Oregon Statutes 287A.001
- special government body: means any of the following:
(a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117
(1) ‘Advance refunding bond‘ means a bond all or part of the proceeds of which are to be used to pay an outstanding bond one year or more after the advance refunding bond is issued.
(2) ‘Agreement for exchange of interest rates’ means a contract, or an option or forward commitment to enter into a contract, for an exchange of interest rates for related bonds that provides for:
(a) Payments based on levels or changes in interest rates; or
(b) Provisions to hedge payment, rate, spread or similar exposure including, but not limited to, an interest rate floor or cap or an option, put or call.
(3)(a) ‘Bond’ means a contractual undertaking or instrument of a public body to repay borrowed moneys.
(b) ‘Bond’ does not mean a credit enhancement device.
(4) ‘Capital construction’ has the meaning given that term in ORS § 310.140.
(5) ‘Capital costs’ has the meaning given that term in ORS § 310.140.
(6) ‘Capital improvements’ has the meaning given that term in ORS § 310.140.
(7)(a) ‘Credit enhancement device’ means a letter of credit, line of credit, standby bond purchase agreement, bond insurance policy, reserve surety bond or other device or facility used to enhance the creditworthiness, liquidity or marketability of bonds or agreements for exchange of interest rates.
(b) ‘Credit enhancement device’ does not mean a bond.
(8) ‘Current refunding bond‘ means a bond the proceeds of which are to be used to pay or purchase an outstanding bond less than one year after the current refunding bond is issued.
(9) ‘Forward current refunding’ means execution and delivery of a purchase agreement or similar instrument under which a public body contracts to sell current refunding bonds for delivery at a future date that is one year or more after execution of the purchase agreement or similar instrument.
(10) ‘General obligation bond’ means exempt bonded indebtedness, as defined in ORS § 310.140, that is secured by a commitment to levy ad valorem taxes outside the limits of sections 11 and 11b, Article XI, of the Oregon Constitution.
(11) ‘Lawfully available funds’ means revenues or other moneys of a public body including, but not limited to, moneys credited to the general fund of the public body, revenues from an ad valorem tax and revenues derived from other taxes levied by the public body that are not dedicated, restricted or obligated by law or contract to an inconsistent expenditure or use.
(12) ‘Operative document’ means a bond declaration, trust agreement, indenture, security agreement or other document in which a public body pledges revenue or property as security for a bond.
(13) ‘Pledge’ means:
(a) To create a lien on property pursuant to ORS § 287A.140.
(b) A lien on property created pursuant to ORS § 287A.140.
(c) To create a lien on property pursuant to ORS § 287A.310.
(d) A lien on property created pursuant to ORS § 287A.310.
(14) ‘Public body’ means:
(a) A county of this state;
(b) A city of this state;
(c) A local service district as defined in ORS § 174.116 (2);
(d) A special government body as defined in ORS § 174.117;
(e) Oregon Health and Science University;
(f) A public university listed in ORS § 352.002; or
(g) Any other political subdivision of this state that is authorized by the Legislative Assembly to issue bonds.
(15) ‘Refunding bond’ means an advance refunding bond, a current refunding bond or a forward current refunding bond.
(16) ‘Related bond’ means a bond for which the public body enters into an agreement for exchange of interest rates or obtains a credit enhancement device.
(17) ‘Revenue’ means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a public body or to which a public body is entitled.
(18) ‘Revenue bond’ means a bond that is not a general obligation bond.
(19) ‘Termination payment’ means the amount payable under an agreement for exchange of interest rates by one party to another party as a result of the termination, in whole or part, of the agreement prior to the expiration of the stated term. [2007 c.783 § 42; 2009 c.537 § 9; 2013 c.491 § 2; 2013 c.768 § 28; 2015 c.53 § 2; 2015 c.767 § 88]
AUTHORITY FOR BORROWING