Title
Resolution authorizing the Director of Public Works to sign certain documents involving contracts with the Kansas Department of Transportation. All districts.
Body
Recommended Action: Adopt the Resolution.
Public Works, routinely enters into contracts with the Kansas Department of Transportation (KDOT) for projects and operational agreements and is required to submit various certifications, requests and other related documents in order to initiate or implement such projects and operational agreements. Any delay in the execution of the documents by the Board of County Commissioners may result in a delay of projects. In order to avoid such incidents, this proposed resolution is asking that, with prior written approval by the County Counselor's Office, the Director of Public Works shall hereafter be authorized to execute various certifications, requests, applications and other documents required by KDOT to initiate or implement projects or operational agreements.
Alternatives: N/A
Financial Considerations: N/A
Legal Considerations:
Under K.S.A. 19-101a fourth and 19-212 Eleventh, the Board is authorized to enter into contracts; and under 19-212 Thirteenth may also perform such other duties as prescribed by law. The Board is authorized under the common law of the State of Kansas to delegate administrative authority, as long as that delegation is accompanied by reasonably clear standards under which the delegated authority is to be exercised. See, e.g. State, ex rel. Fatzer v. Kansas Turnpike Authority, 176 Kan. 683, 687 (1954). This delegation of the administrative authority to sign various documents related to contracts approved by the Board is accompanied in the resolution by reasonably clear standards for the exercise of that authority.
Policy Considerations: N/A