13-13a18

Chapter 13.--CITIES OF THE FIRST CLASS
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 13a.--MUNICIPAL UNIVERSITIES

      13-13a18.   Tax levy for support of university; pensions; retirement ofbonds; tax sheltered annuities; sinking fund; limitations; tax levy additionalto 13-13a23.(a) The board of regents of amunicipal university which has not levied a retailers' sales tax under theprovisions of this act may annually levy a tax for the support ofsuch municipal university, including buildings, equipment and repairs ofthe buildings and equipment of such municipal university, insurance, andmay include provisions for retirement annuities and pensions, groupdisability income insurance, group term insurance and grouphospitalization and major medical insurance for the benefit ofinstructors and other employees, and may establish a procedure wherebythe instructors and other employees of such municipal university may,subject to rules and regulations of such board of regents, request suchboard of regents in writing for reductions in compensation and thecontribution thereof for tax sheltered annuities as permitted under theprovisions of the internal revenue code of 1954, as amended, andincluding such amount as shall be necessary for the annual operation ofsuch municipal university and for the retirement of bonds issued asprovided in K.S.A. 13-13a23, andamendments thereto, andfor a sinking fund to retire such bonds, not exceeding in any one yearfive mills on all taxable tangible property within the taxingdistrict of such municipal university. Whenever such board of regentsshall determine that the tax levied for the purposes specified in this sectionfor the prior year will be insufficient to finance such purposes for thecurrent year, such board may adopt a resolution declaring it necessary toincrease such levy in an amount not to exceed one mill in any oneyearup to an amount which together with the amount of the previous levy shallnot exceed a total of seven mills in any year. Such resolution shallstate the total amount of the tax to be levied for such purposes and shall bepublished once each week for three consecutive weeks in a newspaperhaving general circulation in the city in which such municipal universityis located. Whereupon such increased levy may be made for the current yearand each succeeding year unless a petition requesting an election upon theproposition to increase the tax levy in excess of the rate of such levyin the prior year, signed by electors equal in number to not less than 5%of the qualified electors who voted at the lastpreceding regularcity election, as shown by the poll books, is filed with the county electionofficer within 60 days following the date of the lastpublication of the resolution. In the event a valid petition is filed, nosuch increased levy shall be made without such proposition having beensubmittedto and having been approved by a majority of the electors voting at an electioncalled and held thereon. All such elections shall be called and held inthe manner prescribed for the calling and holding of elections upon thequestion of the issuance of bonds under the general bond law.The president and clerk of suchboard of regents shall, on or before August 25, certify such levy to thecounty clerk who is hereby authorized and required to place the same onthe tax roll of said county to be collected by the treasurer of thecounty as are other taxes. The proceeds of such levy shall be paid overby the county treasurer to the treasurer of such board of regents,subject to the order of said board of regents. The tax levy authorized bythis section shall be in addition to the tax levyauthorized by K.S.A. 13-13a23, or acts amendatory thereof.

      (b)   The board of regents which has levied a countywide retailers' salestax under the provisions of this act may use the proceeds of such sales tax forthe same purposes that the revenue from a tax on tangible property may be used.

      (c)   Whenever the board of regents of a municipal university imposes acountywide retailers' sales tax there shall be created within the university'schart of accounts the sales tax smoothing fund. There shall be credited ortransferred to such fund amounts received by the university from sales taxrevenue in any year which are in excess of such tax revenues budgeted forexpenditure for such year. Expenditures and transfers from such fund shall bemade for the same purposes prescribed by subsection (b) in any year whenestimated sales tax revenue is less in any such year than that budgeted forsuch year.

      History:   L. 1925, ch. 111, § 18; L. 1933, ch. 126, § 2; L. 1933,ch. 39, § 2 (Special Session); L. 1937, ch. 136, § 1; L. 1941, ch.129, § 2; L. 1945, ch. 119, § 1; L. 1949, ch. 144, § 1; L. 1951,ch. 158, § 1; L. 1957, ch. 117, § 1; L. 1974, ch. 80, § 1; L. 1976,ch. 87, § 17; L. 1978, ch. 295, § 1;L. 1999, ch. 88, § 5; Apr. 15.