Bakersfield Municipal Code Ch. 3.04 Funds

Sections:

I. Special Deposits Fund

3.04.010 Created. 3.04.020 Duties of director of finance.

II. Special Gas Tax Street Improvement Fund

3.04.030 Created. 3.04.040 Source of moneys in fund. 3.04.050 Expenditures of moneys in fund.

III. Insurance Fund

3.04.060 Created—Purpose. 3.04.080 Prior approval of chargeable projects required. 3.04.090 Appropriations by resolution. 3.04.100 Transfer of funds from other accounts.

IV. Roads Program Utility Franchise Fee and Surcharge Fund

3.04.110 Created. 3.04.120 Source of moneys in fund. 3.04.130 Expenditures of moneys in fund. 3.04.140 Definitions.

I. Special Deposits Fund

There is created a fund to be known as the “special deposits fund” to be used for the purpose of accounting for moneys received by the city, including moneys received by the city as trustee or custodian, or in its capacity as agent, for individuals, corporations or other governmental agencies. (Prior code § 5.09.010)

The director of finance of the city shall administer the special deposits fund and shall require that adequate records be maintained to account for all moneys deposited in or disbursed from said fund.

A. Whenever it is determined that any moneys or portion thereof deposited in the special deposits fund legally belong to any of the several funds of the city the director of finance shall immediately cause such moneys to be transferred immediately to the proper fund or funds.

B. Disbursement of moneys for the purpose for which they were deposited in the special deposits fund may be made upon the approval of the director of finance or his or her authorized deputy. (Prior code § 5.09.020)

II. Special Gas Tax Street Improvement Fund

There is created in the city treasury a special fund to be known as the special gas tax street improvement fund, in compliance with the provisions of Article 5 of Chapter 1 of Division 1 and Chapter 3 of Division 3 of the Streets and Highways Code. (Ord. 2592 § 1, 1980; prior code § 5.10.010)

All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or to the construction, maintenance or improvement of streets or highways shall be paid into said fund. (Ord. 4725 § 1, 2013; prior code § 5.10.020)

All moneys in said fund shall be expended exclusively for the purposes authorized by, and subject to all of the provisions of Article 5, Chapter 1, Division 1 of the Streets and Highways Code. (Prior code § 5.10.030)

III. Insurance Fund

There is created a special reserve fund to be known and designated as insurance fund for the purpose of repairing municipally owned buildings and other properties of the city, which may become damaged as a result of fire, accident, act of God, or the negligence of any person, and which buildings or property were not fully covered or protected by a policy of insurance against the damage, and for the purpose of defraying the costs incidental to the operation of the insurance program. (Ord. 3006 § 3, 1985; prior code § 5.11.010)

Before any work is done which may be chargeable against the insurance fund, approval thereof shall be obtained from the city manager. (Prior code § 5.11.040)

Appropriations for the fund shall be accomplished by resolution in the manner of other appropriations for the government of the city. (Prior code § 5.11.050)

Any transfer of funds from any other account to the insurance fund shall be accomplished in the same manner as any other transfer of funds. (Prior code § 5.11.060)

IV. Roads Program Utility Franchise Fee and Surcharge Fund

The city council hereby creates a special fund to be designated the “roads program utility franchise fee and surcharge fund.” The roads program utility franchise fee and surcharge fund shall be segregated from all other revenues and general funds of the city and shall not be maintained from the general funds of the city and any funds deposited therein shall be used solely to fund projects and improvements that are a part of the city’s roads program. (Ord. 4726 § 1, 2013)

The roads program utility franchise fee and surcharge fund shall have deposited therein the additional utility franchise fees, the utility surcharge recovery portion fees and the future utility surcharge fees, if any, received or to be received by the city, from Pacific Gas & Electric Company and Southern California Gas Company, respectively, pursuant to the franchise granted to Pacific Gas & Electric and Southern California Gas Company, respectively, as compensation for the use of the city’s streets, and any other utility surcharge revenues that may result from the establishment or renewal of other gas or electricity franchise agreements and that will be received by the city, for the city’s roads program. (Ord. 4726 § 1, 2013)

All moneys deposited to the roads program utility franchise fee and surcharge fund shall be used for the purpose of funding capital improvements related to the city’s roads program, including, but not limited to, the payment of debt service or other types of payments related to obligations incurred in connection with the financing of such capital improvements. (Ord. 4726 § 1, 2013)

As used in Section 3.04.120, the term “additional utility franchise fees” means the additional one-half percent electricity franchise fee paid by Pacific Gas & Electric Company to the city pursuant to Section 4 of Ordinance No. 4544, which is in addition to the historical electricity franchise fee previously collected under Ordinance No. 1167, prior to the renewed franchise granted to Pacific Gas & Electric Company under Ordinance No. 4544.

As used in Section 3.04.130, the term “capital improvements” means any new construction, reconstruction, resurfacing, repair or maintenance work where project costs exceed five thousand dollars and where such work carries a useful life exceeding one year or where such repair or maintenance work extends the useful life of an existing facility by at least one year.

As used in Sections 3.04.110, 3.04.120 and 3.04.130, the term “city’s roads program” means any costs related to design, right-of-way, new construction, reconstruction, resurfacing, repair or maintenance work on any city roadway, bike lane, bike path, or pedestrian path within the city right-of-way, or any other bike facility which may exist outside of the city roads right-of-way. Additionally, any costs related to design, right-of-way, construction or any other improvements related to any bridge, road widening or freeway facility in the greater Bakersfield area which is a component or project segment of the Thomas Roads improvement program.

As used in Section 3.04.120, the term “future utility surcharge fees” means any utility surcharge revenues that may result from the establishment or renewal of other gas or electricity franchise agreements and that will be received by the city, for the city’s road program.

As used in Section 3.04.120, the term “utility surcharge recovery portion fees” means the one percent electricity surcharge and the one percent gas surcharge paid by Pacific Gas & Electric Company to the city pursuant to Section 5 of Ordinance No. 4544 and Ordinance No. 4545, as compensation for the use of the city’s streets. (Ord. 4726 § 1, 2013)