What gives the city the right to override Kansas Community Improvement District Act (K.S.A. 12-6a26 et seq.)
Resolution 9745 (adopted December 16, 2025, introduced by City Manager Dr. Robert M. Perez): States the tax is "in the amount of 1.5% … as requested in the Petition" for 22 years on a Pay-As-You-Go basis.
- Braxton Copley's staff presentation at the February 3, 2026 public hearing: "the developer submitted a CID application requesting a 1.5% rate. The application was received in November 2025…"
- Final Ordinance 20633 and all news coverage: Approved at 1.5% with the $1M Phase 1 cap.
What This Means
There is an undeniable discrepancy between the August 2025 application you provided (1.90% requested) and what the City Manager's office, Braxton Copley, the resolution, and the council ultimately acted on (1.5% presented as "as requested in the Petition").
Under the Kansas Community Improvement District Act (K.S.A. 12-6a26 et seq.), the owners' petition controls the rate. The city cannot unilaterally lower it without an amended petition from the applicant. The most plausible explanation is that California Crossing LLC (or their counsel) quietly revised the petition between the August filing and the November "application received" date Copley referenced, dropping it to 1.5% before Resolution 9745 was drafted. No public notice, amendment document, or explanation of that change appears in the resolution, meeting packet, or news coverage.
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