RESOLUTION
NO. 2026-R-15
A RESOLUTION OF THE CITY OF HUTCHINSON, KANSAS, PROVIDING FOR NOTICE OF A PUBLIC HEARING CONCERNING THE ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT GENERALLY LOCATED AT THE CORNER OF NORTH MAIN STREET AND WEST 5TH AVENUE WITHIN THE CITY AND DECLARING THE INTENT OF THE CITY TO LEVY A COMMUNITY IMPROVEMENT DISTRICT SALES TAX PURSUANT TO K.S.A. 12 6a26 ET SEQ. AS AMENDED (LANDMARK CID).
WHEREAS, pursuant to K.S.A. 12 6a26 et seq., as amended (the “Act”), the City of Hutchinson, Kansas (the “City”), is authorized to create a community improvement district (“CID”) as provided in the Act to provide for the acquisition, improvement, construction, demolition, removal, renovation, reconstruction, restoration, replacement, repair, furnishing and equipping buildings, structures, facilities, sidewalks, roads, parking lots, traffic signs and signals, utilities, pedestrian amenities, drainage, water, storm and sewer systems, underground gas, heating and electrical services and extensions, water mains and extensions, site improvements, street lights, lighting, street light fixtures, benches, awnings, canopies, walls, trees, landscapes and other amenities and improvements as provided in the Act (collectively, a “CID Project”); and
WHEREAS, upon proper petition, the Act further authorizes the City, in order to pay the costs of a project which is a CID Project, to impose a CID sales tax on the selling of tangible personal property at retail or rendering or furnishing services within a CID in any increment of .10% or .25% not to exceed 2.0% (a “CID Sales Tax”) and to finance the costs of a CID Project pursuant to pay as you go financing and/or the issuance of special obligation notes and bonds payable from such CID Sales Tax; and
WHEREAS, a petition (the “Petition”) has been filed with the City Clerk of the City proposing the creation of a CID, the making of the CID Project relating thereto as more particularly described on Exhibit A attached hereto (the “Project”) and the imposition of a CID Sales Tax in order to pay a portion of the costs of the Project; and
WHEREAS, the proposed CID is generally located at the corner of North Main Street and West 5th Avenue in the City (the “Landmark CID”); and
WHEREAS, the Petition was signed by the owners of record, whether resident or not, of more than 55% of assessed value of the land area contained within the proposed Landmark CID and by more than 55% percent of all owners of real property within the boundaries of the proposed Landmark CID; and
WHEREAS, if the Landmark CID is created by the City and certain further conditions are met, the City intends to impose a two percent (2.0%) CID Sales Tax within the Landmark CID; and
WHEREAS, the Act provides that prior to creating any CID, the City shall, by resolution, direct and order a public hearing on the advisability of creating such CID and authorizing a CID Project therein and the intent of the City to levy a CID Sales Tax within such district and shall give notice of said public hearing in accordance with the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS, AS FOLLOWS:
1. Notice is hereby given that a public hearing to consider the advisability of the creation by the City of the proposed Landmark CID and the imposition by the City of a two percent (2.0%) CID Sales Tax within the proposed Landmark CID shall be held in City Council Chambers, at City Hall, 125 East Avenue B, Hutchinson, Kansas, on June 2, 2026, at 5:30 p.m., Central Time (or as soon thereafter as is practical).
2. The general nature of the proposed Project to be completed within the proposed Landmark CID is set forth in Exhibit A attached hereto and incorporated herein by reference.
3. The estimated cost of the Landmark CID Project is $21,110,000.
4. The Project within the proposed Landmark CID will be financed, in part, on a pay-as-you-go basis payable from revenues received from the imposition of a two percent (2.0%) CID Sales Tax on the selling of tangible personal property at retail or rendering or furnishing of taxable services taxable pursuant to the provisions of the Kansas retailer’s sales tax act within the proposed Landmark CID. No special assessments will be levied pursuant to the Act to finance the Project.
5. A map generally outlining the boundaries of the proposed Landmark CID is attached hereto as Exhibit B and incorporated herein by reference. A legal description of the proposed Landmark CID is set forth in Exhibit C attached hereto and incorporated herein by reference.
6. The City Clerk shall give notice of the public hearing in accordance with the provisions of the Act by publishing this Resolution at least once each week for two consecutive weeks in the official City newspaper and sending this Resolution by certified mail to all owners. The second publication of this Resolution shall occur at least seven days prior to the date of hearing and the certified mailed notice shall be sent at least ten days prior to the date of hearing.