Guam § 54102 - Territorial Highway Fund.

§ 54102. Territorial Highway Fund.

(a) For the purpose of securing the for the entire Territory proper

maintenance and construction of existing highways, including roads and

city and village streets and for implementing all highway-safety related

plans, programs and projects, there is hereby established a fund to be

known as the Territorial Highway Fund, which fund to be maintained

separate and apart from any other funds of the government of Guam, and

independent records shall be kept in connection therewith.

(b) For the period beginning July 1, 1971, all monies received under

11 GCA Finance & Taxation, Chapter 26, Article 4 and 16 GCA § 7160

and monies and revenue made available from the Federal Government

for public highway purposes and highway safety related plans, programs

and projects shall be deposited with the Territorial Highway Fund,

provided further that any increase of tax revenue pursuant to 11 GCA

Chapter 26, Article 4 shall revert to the General Fund to the extent that

the increase of tax imposed. Accounting procedures for the funds shall be

prescribed by the Director of Administration and suitable reserves shall

be maintained for tax drawbacks under this Article which shall be paid

from the Fund.

NOTE: This item has been updated by the Compiler to comply with GCA

numbering.

(c) Monies deposited in the Territorial Highway Fund shall be

expended only after appropriation thereof is made by the Legislature and

upon vouchers properly certified by the Director of Public Works for the

purposes of acquisition of right-of-ways, planning, designing,

constructing, reconstructing, improving, repairing, and maintaining of

public highways, including roads and city and village streets. The

Director of Public Works shall quarterly render an accounting of

transactions of the Fund to the Governor and the Legislature. Accounting

procedures for the Fund shall be prescribed by the Director of

Administration.

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(d) Monies deposited in the Territorial Highway Fund shall also be

used to implement Title 23, United States Code, as it applies to Guam

and the provisions of P.L. 10-109, Tenth Guam Legislature.

(e) No part or portion of the monies in the Territorial Highway Fund

or from whatever source derived shall be used for the maintenance or

operation of a public transit system.

(f) Notwithstanding any other provisions of law, One Million Five

Hundred Thousand Dollars ($1,500,000) is hereby appropriated from the

Territorial Highway Fund to the Department of Public Works for the

following:

(1) the repair, including, but not limited to, widening, paving

and side walks, of Clara Street in Toto, leading to J.Q. San Miguel

Elementary School;

(2) the widening of Toto-Canada Road to three (3) lanes and

establish a middle lane from Route 4 intersection to the Toto

Community Center;

(3) subsequently at the written request of the Mayor or the

Director of the Department of Education, any road leading to any

school that is unsafe or does not meet the highway standards

established by the Department of Public Works shall also be

repaired under this Act; and

(4) monetary compensation or land exchange on a value-per-

value basis to private landowners whose properties are condemned

as a result of the provisions of Subsection (f).