Printable Format68-407. Duties and authority of secretary of transportation; bids, where received; contracts. The secretary of transportation is authorized to perform all work, or to enter into, perform and require the performance of all contracts incident to the construction, improvement, reconstruction and maintenance of the state highway system and shall take such steps as will give the provisions of this act full force and effect and do and perform all other duties required by law: Provided, That the secretary may enter into contracts with any of the counties of the state to do any work in the repair, construction or maintenance of the state highway system.
History: L. 1927, ch. 255, § 11; L. 1929, ch. 225, § 8; L. 1951, ch. 379, § 1; L. 1975, ch. 427, § 91; August 15.
Source or Prior Law:
L. 1925, ch. 214, § 6.
Cross References to Related Sections:
Uniform specifications and inspections, see 68-553 through 68-557.
Contracts for construction and maintenance, see 75-3739(f).
Law Review and Bar Journal References:
Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 435 (1970).
CASE ANNOTATIONS
1. Duty of county commissioners to issue benefit-district bonds. State, ex rel., v. Leavenworth County Comm'rs, 128 Kan. 453, 455, 279 P. 10.
2. Where improvement transferred to highway department, commissioners and department must proceed jointly. State, ex rel., v. Miami County Comm'rs, 131 Kan. 144, 289 P. 394.
3. Cited in determining duty of commission to complete benefit-district roads. State, ex rel., v. Johnson County Comm'rs, 131 Kan. 403, 409, 292 P. 921.
4. Cited in holding county liable for costs of bridge on benefit-district road; supervision by commission. State, ex rel., v. Sumner County Comm'rs, 132 Kan. 870, 875, 297 P. 658.
5. Cited; commission approval required for state highway expenditures by counties. State, ex rel., v. State Highway Comm., 138 Kan. 294, 295, 26 P.2d 606.
6. Cited in holding state act for federal loan for highways constitutional. State, ex rel., v. State Highway Comm., 138 Kan. 913, 917, 28 P.2d 770.
7. Cited in holding K.S.A. 68-415 does not violate federal constitution. State Highway Comm. v. Panhandle Eastern P.L. Co., 139 Kan. 185, 191, 29 P.2d 1104. Reversed: Panhandle Eastern P. Line Co. v. State Highway Comm., 294 U.S. 613, 55 S. Ct. 563, 79 L.Ed. 1090.
8. Use of county tax funds on highways under 1925 and 1927 acts; held not unlawful diversion. State, ex rel., v. State Highway Comm., 139 Kan. 858, 33 P.2d 324.
9. Section is not applicable to contracts with employees. McNeal v. State Highway Comm., 143 Kan. 651, 653, 56 P.2d 71.
10. Power of county to contract with commission for improvement of state highway determined. Geary County Comm'rs v. State Highway Comm., 143 Kan. 976, 981, 982, 57 P.2d 82.
11. Contractor performing according to commission's plans not liable for damages to abutting owners. Engler v. Aldridge, 147 Kan. 43, 45, 75 P.2d 290.
12. Commission's agreement assuming liability for injuries resulting from detour road defects invalid. Lungstrum v. State Highway Commission, 177 Kan. 57, 60, 276 P.2d 346.
13. Construed; broad powers conferred hereunder; contract enforceable by action against commission. Kiewit & Sons' Co. v. State Highway Comm., 184 Kan. 737, 741, 339 P.2d 267.
14. Action against highway commission on construction contract; federal court without jurisdiction. Stamey v. State Highway Commission of Kansas, 76 F. Supp. 946, 947.