Section § 8880

Explanation

This law allows a legislative body to set aside up to 10% of the total assessments as a special reserve fund when issuing bonds. This reserve is considered an incidental expense in the bond issuance process.

In any proceedings leading to the issuance of bonds pursuant to this division, the legislative body may include, as an incidental expense of the proceedings, an amount to create a special reserve fund for the bonds.
The amount so provided shall not exceed 10 percent of the total amount of assessments to be levied under the proceedings.

Section § 8881

Explanation

This law explains that when a special reserve fund is set up for a bond issue, any charges on property for paying off the bond can be lowered if part or all of the charge is paid before or after the bonds are issued. If payments are made early, the reduction amount will match the percentage of the fund's initial amount compared to the total amount initially assessed for the bonds.

Where a special reserve fund is created for a bond issue, the assessment levied on any parcel for the payment of the bond issue shall be reduced upon the payment, in whole or in part, of the assessment pursuant to provisions for either (1) cash payments of assessments prior to the issuance of the bonds or (2) advance payment of assessments following the issuance of the bonds.
The proportional reduction on the assessment shall equal the ratio of the total amount initially provided for the special reserve fund to the total amount originally assessed in the proceedings for the bond issue.

Section § 8882

Explanation

When the money from selling bonds is received, a portion is set aside for a special reserve fund. This fund is named after the bond proceedings and is meant to protect the bondholders. It operates like a trust fund for their benefit and must be managed according to specific rules in this part of the law.

Upon receipt of the bond sale proceeds, the amount so provided for the special reserve fund pursuant to Section 8880 shall be transferred to the fund.
The special reserve fund shall be identified by the name of the proceedings under which the bonds are issued and shall constitute a trust fund for the benefit of the bondholders, subject to and to be administered in accordance with the provisions of this part.

Section § 8883

Explanation

This law states that money in a special reserve fund can be moved to a redemption fund to help pay off bonds. If money is used from the special reserve fund because someone is late on their payments for a particular property, then once that property is sold or redeemed, the special reserve fund will be repaid.

The money in the special reserve fund shall be available for transfer into the redemption fund for the bonds pursuant to Part 13 (commencing with Section 8800). The amount so advanced shall be reimbursed from the proceeds of redemption or sale of the parcel for which payment of delinquent installments was made from the special reserve fund.

Section § 8884

Explanation

When a specific debt, known as an assessment, is fully paid after bonds have been issued, a corresponding amount is moved from a special reserve fund to a redemption fund. The transferred amount equals the decrease in the assessment as figured out using the rules in another law section (Section 8881).

Whenever an assessment is paid off following the issuance of bonds, there shall be transferred, from the special reserve fund to the redemption fund, an amount equal to the reduction in the assessment determined pursuant to Section 8881.

Section § 8885

Explanation

This law says that if there's enough money in a special reserve fund to pay off all the outstanding bonds, the collection of payments from property owners will stop and the reserve fund will be used to retire the bonds.

If there’s extra money left after paying off the bonds, this excess will be distributed among the property owners who still owe money. They’ll get cash payments unless the excess amount is less than $1,000. If it's less than $1,000, the extra money can be moved to the general fund of the managing entity.

Whenever the balance in the special reserve fund is sufficient to retire all remaining outstanding bonds in the issue, whether by advance retirement or otherwise, collection of the principal and interest on the assessments shall be discontinued and the special reserve fund shall be liquidated in retirement of the bonds.
In the event that the balance in the fund at the time of liquidation exceeds the amount required to retire all outstanding bonds in the issue, the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the reserve fund was sufficient to retire all outstanding bonds in the issue. The payments shall be made in cash to the respective owners of the parcels except that, if the excess is not greater than one thousand dollars ($1,000), the excess may be transferred to the general fund of the entity conducting the proceedings.

Section § 8886

Explanation

This law explains that money in a special reserve fund can be temporarily invested in certain approved investments, as long as these investments mature before the money is needed for a specific purpose, like a redemption fund. It's important that any profits from these investments go back into the special reserve fund, while any losses or costs must be charged to this fund too.

Money in the special reserve fund may be temporarily invested in any authorized investments pursuant to Article 1 (commencing with Section 53600) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, or in any authorized investments pursuant to law in the case of money resulting from assessments levied for bonds authorized to be issued after the effective date of the amendments to this section enacted during the 1981–82 Regular Session of the Legislature, provided that the maturities thereof shall not be later than the date on which the money may be required for the redemption fund pursuant to this part.
Any income realized from such investments shall be credited to the special reserve fund, and any loss or expense resulting from such investment shall be charged to that fund.

Section § 8887

Explanation

This law allows a legislative body to decide how to use the money in a special reserve fund to help bonds avoid becoming "arbitrage bonds," which are defined by federal tax law. Specifically, before the bonds are issued, the legislative body can pass a resolution to use this money in two ways: to give credits on assessments as per another law, or to retire the bonds early by transferring money to a redemption fund. The resolution can also set reasonable rules and conditions for these money uses.

Notwithstanding any other provision in this part, for the purposes of (1) assuring that the bonds to be issued will not become arbitrage bonds as defined in the Internal Revenue Code of 1954 (Title 26 of the United States Code) and regulations promulgated thereunder by the Department of Treasury, and (2) providing for reduction of the amount of money in the special reserve fund during the term of the bonds, the legislative body may, by resolution adopted prior to the issuance of bonds under this division, provide that money in the special reserve fund, including investment income, shall be used, in the amounts and at the times as the legislative body may determine, for either or both of the following:
(a)CA Streets and Highways Code § 8887(a) Credit upon the assessment in the manner provided in Section 10427.1.
(b)CA Streets and Highways Code § 8887(b) Transfer to the redemption fund for advance retirement of the bonds pursuant to this division.
The resolution may specify the terms and conditions, as the legislative body may determine to be reasonable, with respect to its authorization of either or both of the uses.