2013 ORS § 287A.001¹
Definitions for ORS chapter 287A

As used in this chapter:

(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 (Legislative findings).

(5) Capital costs has the meaning given that term in ORS 310.140 (Legislative findings).

(6) Capital improvements has the meaning given that term in ORS 310.140 (Legislative findings).

(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 (Legislative findings), 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.310 (Definitions for ORS 287A.310 and 287A.315).

(b) A lien created on property pursuant to ORS 287A.310 (Definitions for ORS 287A.310 and 287A.315).

(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 (Local government and local service district defined) (2);

(d) A special government body as defined in ORS 174.117 (Special government body defined);

(e) Oregon Health and Science University;

(f) A public university with a governing board listed in ORS 352.054 (List of universities with governing boards); 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]

Note: The amendments to 287A.001 (Definitions for ORS chapter 287A) by section 28, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 2, chapter 491, Oregon Laws 2013, is set forth for the users convenience.

287A.001 (Definitions for ORS chapter 287A). As used in this chapter:

(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 (Legislative findings).

(5) Capital costs has the meaning given that term in ORS 310.140 (Legislative findings).

(6) Capital improvements has the meaning given that term in ORS 310.140 (Legislative findings).

(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 (Legislative findings), 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.310 (Definitions for ORS 287A.310 and 287A.315).

(b) A lien created on property pursuant to ORS 287A.310 (Definitions for ORS 287A.310 and 287A.315).

(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 (Local government and local service district defined) (2);

(d) A special government body as defined in ORS 174.117 (Special government body defined);

(e) Oregon Health and Science University; or

(f) 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.