Oregon Code § 456.200·Enacted ·Last updated March 01, 2026
Statute Text
Powers
of authority in securing payment of bonds or lease obligations.
In connection with the issuance of
bonds or the incurring of obligations and in order to secure the payment of
such bonds or obligations, an authority may:
(1) Pledge all or
any part of its gross or net rents, fees or revenues to which its right then
exists or thereafter comes into existence.
(2) Mortgage its
real or personal property, then owned or thereafter acquired.
(3) Covenant
against pledging all or any part of its rents, fees and revenues, or against
mortgaging all or any part of its real or personal property to which its right
or title then exists or may thereafter come into existence or against
permitting or suffering any lien on such revenues or property.
(4) Covenant with
respect to limitations on its right to sell, lease or otherwise dispose of any
housing project or any part thereof.
(5) Covenant as
to what other or additional debts or obligations may be incurred by it.
(6) Covenant as
to the bonds to be issued and as to the issuance of such bonds in escrow or
otherwise, and as to the use and disposition of the proceeds thereof.
(7) Provide for
the replacement of lost, destroyed or mutilated bonds.
(8) Covenant
against extending the time for the payment of its bonds or interest thereon.
(9) Redeem the
bonds and covenant for their redemption and provide the terms and conditions
thereof.
(10) Covenant,
subject to the limitations of the Housing Authorities Law, as to the rents and
fees to be charged in the operation of a housing project or projects, the
amount to be raised each year or other period of time by rents, fees and other
revenues, and as to the use and disposition to be made thereof.
(11) Create or
authorize the creation of special funds for moneys held for construction or
operating costs, debt service, reserves or other purposes, and covenant as to
the use and disposition of the moneys held in such funds.
(12) Prescribe
the procedure, if any, by which the terms of any contract with bondholders may
be amended or abrogated, the amount of bonds the holders of which must consent
thereto and the manner in which such consent may be given.
(13) Covenant as
to the use, maintenance and replacement of its real and personal property, the
insurance to be carried thereon and the use and disposition of insurance
moneys.
(14) Covenant as
to the rights, liabilities, powers and duties arising upon the breach by it of
any covenant, condition or obligation.
(15) Covenant and
prescribe as to events of default and terms and conditions upon which any or
all of its bonds or obligations become or may be declared due before maturity,
and as to the terms and conditions upon which such declaration and its
consequences may be waived.
(16) Vest in a
trustee or trustees or the holders of bonds or any proportion of them the right
to enforce the payment of the bonds or any covenants securing or relating to
the bonds.
(17) Vest in a
trustee or trustees the right, in the event of a default by said authority, to
take possession and use, operate and manage any housing project or part
thereof, and to collect the rents and revenues arising therefrom and to dispose
of such moneys in accordance with the agreement of the authority with said
trustee.
(18) Provide for
the powers and duties of a trustee or trustees and to limit their liabilities.
(19) Provide the
terms and conditions upon which the trustee or trustees or the holders of bonds
or any proportion of them may enforce any covenant or rights securing or
relating to the bonds.
(20) Exercise all
or any part or combination of the powers granted in this section.
(21) Make
covenants other than and in addition to the covenants expressly authorized in
this section, of like or different character.
(22) Make any
covenants and do any acts and things necessary or convenient or desirable in
order to secure its bonds, or, in the absolute discretion of said authority,
tending to make the bonds more marketable although the covenants, acts or
things are not enumerated in this section.
(23) Purchase
letters of credit, bond insurance or any other credit enhancement device that
would establish or increase marketability of its bonds.
(24) Pay its
obligations with income, revenues or loan repayments of the housing project
financed with the proceeds of such obligations, or with such proceeds together
with a grant from the federal government or this state in aid of such project. [Amended
by 1987 c.821 §5; 1989 c.874 §6; 1991 c.600 §2]
Plain English Explanation
This Oregon statute addresses Powers
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 456.200
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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