Section 823.5 Of Article 4. State And Federal Highway Work From California Streets And Highways Code >> Division 1. >> Chapter 4. >> Article 4.
823.5
. The department may maintain any street or highway which is
not a part of the state highway system whenever all of the following
facts exist:
(a) The department has performed upon such street or highway a
construction or improvement project.
(b) Such project was financed, in whole or in part, by moneys
contributed by the government of the United States.
(c) Either the governmental agency having jurisdiction over such
street or highway, or in the case of annexed areas, the county prior
to such annexation, has agreed either with the State of California,
acting by and through the department, or with the United States to
maintain such street or highway to the satisfaction of the authorized
agents of the United States.
(d) The governmental agency having jurisdiction over such street
or highway has failed to so maintain such street or highway, and the
authorized agents of the United States have demanded of the
department that such street or highway be maintained in accordance
with such agreement.
The department shall carefully segregate all items of cost of such
maintenance, including not to exceed 10 percent for overhead and
administration. In the event the governmental agency having
jurisdiction over such street or highway is a county or city, the
director shall notify the State Controller of the expenditures by the
department on such street or highway. The State Controller thereupon
shall deduct from the succeeding apportionments to such county or
city from the Highway Users Tax Account in the Transportation Tax
Fund the amount certified by the director and shall place such amount
in the State Highway Account.