History: L. 1899, ch. 12, § 1; R.S. 1923, 76-801; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1899, ch. 12, § 12; R.S. 1923, 76-802; Repealed, L. 1951, ch. 466, § 1; June 30.
History: R.S. 1923, 76-803; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1923, ch. 40, § 4; R.S. 1923, 76-804; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1901, ch. 19, §§ 1 to 3; R.S. 1923, 76-805 to 76-807; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1905, ch. 29, § 3; R.S. 1923, 76-808; L. 1935, ch. 286, § 1; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1931, ch. 42, § 4; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1899, ch. 12, § 8; R.S. 1923, 76-809; Repealed, L. 1951, ch. 466, § 1; June 30.
History: L. 1973, ch. 380, § 1; April 25.
(a) "Act," this act as enacted by the legislature of the state;
(b) "board," the state board of regents as provided for in article 6, section 3 of the constitution of the state and as described in article 32 of chapter 74 of Kansas Statutes Annotated, or if said board shall be abolished, the board, body, commission or authority succeeding to the principal functions thereof or to whom the powers given by this act to the board shall be given by law;
(c) "bonds" or "revenue bonds," the bonds authorized to be issued under this act;
(d) "cost of the project," all the cost of construction, the cost of the acquisition of all property, both real and personal, the cost of demolishing or removing any structures, the cost of all machinery, furnishings, fixtures, equipment and other personal property, financing charges, interest prior to and during construction and, if determined advisable by the board, for a period not exceeding one year after completion of construction, cost of surveys, plans, engineering, architectural, fiscal and legal services, expenses necessary or incident to determining the feasibility of constructing the project, the establishment of reasonable reserves to secure the bonds, administrative and similar expenses necessary or incident to the construction of the project and issuance of the bonds;
(e) "current expenses" for any period, the current expenses (not capital expenditures) incurred during such period by the board in the operation, repair and maintenance of the medical center;
(f) "gross revenue" for any period, all income, proceeds and receipts derived by the board during such period from its ownership, operation or use of, or the services rendered by, the medical center together with the project, including but not limited to rents, tuition, fees, charges, payments for hospital, medical or other services, proceeds of insurance, condemnation awards and sales of property including drugs, medicines and supplies, and also such donations, grants, bequests, gifts and legislative appropriations and other receipts and moneys as may be lawfully made available therefor;
(g) "medical center" or "university of Kansas medical center," the facility and plant of the university of Kansas located in Kansas City, Kansas, commonly known as the medical center, as now constituted and as hereinafter increased in scope by the project and other improvements and after-acquired property, including all of the land, buildings, structures, facilities, equipment and other real and personal property thereof;
(h) "net revenue" for any period, the amount of the gross revenue for such period in excess of the current expenses for such period;
(i) "project," additions and improvements to the medical center, comprising a basic science building, a clinical facility addition and the renovation and remodeling of existing facilities and including, among other facilities, buildings, land and interests in land, streets, rights-of-way, parking lots and other parking facilities, structures, fixtures, utilities, machinery, equipment, furnishings, classrooms, laboratories, kitchen and dining facilities, landscaping and appurtenances, as determined by the board;
(j) "state," the state of Kansas.
History: L. 1973, ch. 380, § 2; April 25.
(a) to adopt rules and regulations and prescribe policies in connection with the performance of its functions and duties under this act;
(b) to receive, administer, use, apply and comply with conditions and requirements respecting any gift, grant or donation of any property or money from any source, whether federal, state or private;
(c) to make and execute contracts and other instruments necessary or convenient in the exercise of its powers and functions under this act, payable from funds then available or to be lawfully made available pursuant to the provisions of this act, including contracts with persons, firms, corporations, federal and state agencies and officers and other local agencies, which state agencies and officers and other local public agencies are hereby authorized to enter into contracts and otherwise cooperate with the board to facilitate the financing, construction and operation of the project;
(d) to acquire by purchase, lease, gift, eminent domain or otherwise, or to obtain options for the acquisition of, any property, real or personal, improved or unimproved, for the construction, operation or maintenance of the project;
(e) to sell, lease, exchange, transfer or otherwise dispose of, or to grant options for any such purposes with respect to, any real or personal property or interest therein constituting part of the medical center including the project;
(f) to pledge or assign any tuition, rents, charges, fees or other revenues, any proceeds derived from sales of property, insurance or condemnation awards or other receipts and moneys available therefor derived by the board in connection with the medical center, including the project;
(g) to issue revenue bonds of the board for the purpose of providing funds to pay all or any part of the cost of the project, and to issue revenue refunding bonds;
(h) to construct, acquire, own, repair, maintain, extend, improve, rehabilitate, renovate, furnish and equip the project and to pay all or any part of the cost thereof from the proceeds of bonds of the board or from any contribution, grant, gift or donation or other funds available to it for such purpose;
(i) to fix, charge and collect rents, tuition, fees and charges for the use of, or services rendered by, the medical center, including the project; and
(j) to contract for the services of consulting engineers, architects, attorneys, real estate counselors, appraisers, fiscal advisers and such other consultants as may be required in the judgment of the board and to pay for the same from funds available to the board therefor.
History: L. 1973, ch. 380, § 3; April 25.
Expenses incurred by the board in carrying out the provisions of this act may be made payable from funds then available or to be lawfully made available pursuant to the provisions of this act and no liability or obligation shall be incurred by the board hereunder beyond such extent.
History: L. 1973, ch. 380, § 4; April 25.
History: L. 1973, ch. 380, § 5; L. 1978, ch. 337, § 38; Sept. 1.
(b) The proceeds of the bonds, except such as may be made available to secure or pay bonds, shall be used solely for the payment of the cost of the project or portion thereof for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the board provides in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same. If the proceeds of the bonds, by reason of increased construction costs or error in estimates or otherwise, shall be less than such cost, additional bonds, not exceeding with other bonds issued hereunder the maximum amount authorized to be issued, may in like manner be issued to provide the amount of such deficiency, and, unless otherwise provided in the bond resolution or in the trust agreement, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed such cost, such excess shall be deposited to the credit of the sinking fund for such bonds, or if provided in such resolution or trust agreement, may be deposited to the credit of any reserve fund established to secure the bonds.
(c) Prior to the preparation of definitive bonds, the board may, under like restrictions, issue interim financing receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board also may provide for the replacement of any bonds which are mutilated or are destroyed or lost.
(d) Bonds may be issued under the provisions of this act without obtaining, except as otherwise expressly provided in this act, the consent of any department, division, commission, board, body, bureau or agency of the state, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions or things which are specifically required by this act and the provisions of the resolution authorizing the issuance of such bonds or the trust agreement securing the same.
History: L. 1973, ch. 380, § 6; L. 1983, ch. 49, § 97; May 12.
History: L. 1973, ch. 380, § 7; April 25.
(b) The fees, tuition, rents and charges shall be so fixed and adjusted as to provide funds sufficient, with such other moneys as may be made available therefor, to pay the principal of and the interest on the bonds as the same shall become due and payable, to create and maintain reserves for such purposes, and to pay the cost of operation, repair and maintenance of the medical center together with the project to the extent other funds are not available therefor. All or any part of the fees, tuition, rents and charges and all or any part of the gross or net revenues, proceeds and receipts derived from the medical center together with the project, except such part thereof as may be necessary for such reserves or any expenditures as may be provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be specified in such resolution or such trust agreement in a sinking fund which is hereby pledged to and charged with the payment of the principal of and the interest on such bonds as the same shall become due and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made. The fees, tuition, rents, charges and other revenues, proceeds, receipts and other moneys so pledged and thereinafter received by the board shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the board, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the board. The use and disposition of money to the credit of such sinking fund and any reserve fund or funds established in the resolution authorizing the issuance of such bonds or in such trust agreement shall be subject to the provisions of such resolution or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund and any such reserve fund or funds shall be a fund for all such bonds without distinction or priority of one over another.
History: L. 1973, ch. 380, § 8; L. 1982, ch. 379, § 3; July 1.
Whenever such moneys are invested in interest-bearing deposits in any commercial bank, such deposits shall be secured by pledge of securities as provided in K.S.A. 75-4218, and amendments thereto.
History: L. 1973, ch. 380, § 9; L. 1976, ch. 386, § 6; L. 1987, ch. 295, § 14; L. 1989, ch. 48, § 100; L. 1996, ch. 254, § 31; May 23.
History: L. 1973, ch. 380, § 10; April 25.
History: L. 1973, ch. 380, § 11; April 25.
History: L. 1973, ch. 380, § 12; April 25.
History: L. 1973, ch. 380, § 13; April 25.
History: L. 1973, ch. 380, § 14; April 25.
History: L. 1973, ch. 380, § 15; April 25.
History: L. 1973, ch. 375, § 1; L. 1982, ch. 381, § 2; July 1.
History: L. 1978, ch. 359, § 2; July 1.
History: L. 1980, ch. 25, § 1; Repealed, L. 1994, ch. 184, § 1; July 1.
History: L. 1986, ch. 353, § 1; May 22.
(b) There is hereby created in the state treasury the animal research facility project fund. On the loan date, the pooled money investment board shall transfer the loan amount from the state bank accounts described in subsection (a) to the animal research facility project fund. All expenditures from the animal research facility project fund shall be for payment of the costs of the capital improvement project to construct and equip a facility for the care of and clinical research on animals at the university of Kansas medical center and expenses related thereto, in accordance with the provisions of appropriations acts.
(c) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the hospital construction revenue bonds refinancing proceeds fund to the animal research facility project fund.
(d) After completion of the capital improvement project to construct and equip a facility for the care of and clinical research on animals at the university of Kansas medical center and the payment of the costs thereof and expenses related thereto, the chancellor of the university of Kansas shall certify the same to the director of accounts and reports. Upon receipt of such certification, the director of accounts and reports shall transfer any remaining moneys in the animal research facility project fund to the animal research facility debt service fund.
History: L. 1986, ch. 353, § 2; L. 1992, ch. 146, § 22; July 1.
History: L. 1986, ch. 353, § 3; L. 1987, ch. 359, § 2; July 1.
(b) Subject to the provisions of subsection (d), the director of accounts and reports shall transfer the following amounts on the following dates from the state general fund to the animal research facility debt service fund:
(1) On July 1, 1987, the amount of $250,000;
(2) on July 1, 1988, the amount of $250,000; and
(3) on July 1, 1989, the amount of $250,000; and
(4) on July 1, 1990, the amount of $250,000.
(c) From time to time during the term of the loan authorized by K.S.A. 76-829, the chancellor of the university of Kansas shall transfer in accordance with this subsection amounts from moneys appropriated and available to the university of Kansas medical center to the animal research facility debt service fund for the purposes of providing funds to repay the principal and interest on the loan authorized by K.S.A. 76-829. Upon the request of the chancellor, the director of accounts and reports shall transfer amounts from appropriations in accounts of the state general fund and in special revenue funds for the university of Kansas medical center as specified by the chancellor on the dates specified by the chancellor. All such transfers from special revenue funds shall be within and subject to existing expenditure limitations. No transfers shall be made under this subsection from any specific appropriations from the state general fund for operating expenditures for utilities or as may otherwise be restricted, limited or prohibited by law.
(d) The amount equal to the total of (1) the amount of moneys transferred to the animal research facility project fund under subsection (c) of K.S.A. 76-829 and (2) the amount of moneys transferred to the animal research facility debt service fund under subsection (b) of this section, shall not exceed the amount equal to 1/2 of the total actual cost of the capital improvement project described in K.S.A. 76-829. Prior to making any transfer prescribed under subsection (b) of this section, if the director of accounts and reports determines that to transfer the full amount prescribed under subsection (b) would violate the provisions of this subsection (d), the director shall proportionally reduce the amounts remaining to be transferred under subsection (b) accordingly and thereafter shall transfer such reduced amounts in accordance with subsection (b).
History: L. 1986, ch. 353, § 4; May 22.
(a) The average daily balance of moneys in the animal research facility project fund and the animal research facility debt service fund for the preceding month; and
(b) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1986, ch. 353, § 5; L. 1996, ch. 253, § 35; May 23.
History: L. 1998, ch. 26, § 1; July 1.