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Christina thank you,
Mayor and commissioners.

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You have in front of you
resolution 3799, submitting

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an ordinance prohibiting
high impact data

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centers to the electors
at the November 3, 2026

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general election.

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I believe everybody is aware,
but just as a refresher, on July

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14, 2026, an initiative
petition proposing an ordinance

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prohibiting the installation and
operation of high impact data

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centers within the
city of Emporia

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was filed with the city
clerk on July 21, 2026.

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The Lyon County election officer
certified that the petition

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contained a sufficient number of
signatures under KSA 12, 3013,

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and the city subsequently filed
a declaratory judgment action

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in Lyon County District
court seeking a determination

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as to whether the proposed
ordinance is legislative

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and therefore a proper subject
for initiative under KSA 12:30

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13 or administrative, and
therefore not a proper subject

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for that initiative process.

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On July 20, 2026, the district
court ordered the city to submit

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the proposed ordinance to the
electors at the November 3,

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third 2026 general election, and
the court further ordered that

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if approved by the voters, the
ordinance may not be published

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or enacted until
the court determines

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whether it is barred
by KSA 12:30 13 A1

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or until further order of the.

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Commission therefore submits
the initiative ordinance

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to the electors in compliance
with the court's order,

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and authorizes the city clerk to
certify and transmit the ballot

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question and related
documents to the Lyon

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County election officer
by the September

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1, 2026 submission deadline.

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And I would note that
adoption of the resolution

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does not waive or alter the
city's position in the pending

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declaratory judgment
action, and it does preserve

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the city's legal
positions and rights

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associated with that case.

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Staff recommends adoption
of resolution number 37.99.

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I'll make a motion to adopt
resolution number 3799,

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submitting an ordinance
prohibiting high impact data

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centers to the electors
at the November 3, 2026

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general election.

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Second Motion and a second
for resolution number 3799.

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Submitting the ordinance
to the general election.

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Any other discussion.

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All in favor, say Aye.

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Motion passes.

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Moving on.

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Next is resolution number 3,800.

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Submitting an ordinance
prohibiting tier 2 and tier 3

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battery energy storage systems
to the electors at the November

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3, 2026 general election.

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This initiative petition
proposes an ordinance

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prohibiting those tier 2 and
tier 3 battery energy storage

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systems, referred to as
Bess, in the ordinance,

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and defines those terms that
was submitted on the same day

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as the other petition.

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July 14, 2026.

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The Lyon County election
officer certified the signatures

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on August 13, 2026.

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I would note that we discussed
this in our last city

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commission meeting.

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The commission authorized
filing a motion

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to ask the court to review
that ordinance in conjunction

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with the one that
is already pending.

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In a hearing last
week, the court

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was advised that was the
anticipated course of action,

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but it has not been
officially filed

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for review with the courts yet.

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So this resolution preserves
the city's right and ability

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to seek that review,
and also submits

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the proposed ordinance to
the voters in accordance

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with the judge's order.

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In the other petition,
staff's well,

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legal staff's
recommendation is that this

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is the appropriate action
given the substantially

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similar nature of
the two petitions,

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the court gave guidance in one.

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I recommend that the city
commission take the same action

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with regard to this ordinance,
submit it to the ballot,

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and then continue to seek
judicial review as to whether it

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is appropriate under
the initiative process

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spelled out in state law.

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I'll make a motion to adopt
resolution number $3,800,

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submitting an ordinance
prohibiting tier 2 and tier 3

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battery energy storage systems
to the electors at the November

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3, 2026 general election.

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Second I have a motion and a
second for resolution 3,000

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800,800, submitting
the ordinance

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for tier 2 and tier 3 battery
to go to the general election.

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Any other discussion.

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Does that include
EV car batteries.

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Vehicles are excluded,
vehicles are excluded.

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But, you can have a
80 kilowatt battery,

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but you cannot
have a 81 kilowatt

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battery under this ordinance.

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And vehicles are excluded.

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Vehicles are excluded secluded
because a Chevy Silverado,

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is a 200 kilowatt.

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So is the standard battery
on a Chevy Silverado.

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So tells you the
car size batteries.

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Any other discussion.

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All in favor, say Aye.

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Motion passes.

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All right.

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Retain legal counsel.

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Commissioners, real quick,
before we get to that,

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I do want to note that
the ballot questions

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will be numbered 1, 2, and 3.

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So the rec center will be one.

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High capacity data
centers will be question 2

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and batteries will
be question three.

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And that's the way they
will appear on the ballot.

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I will note there's also a
constitutional Amendment that I

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do not believe is numbered.

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But there's one constitutional
Amendment on the ballot as well.

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So then retention and
all those things go.

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Do you have a request to
retain outside legal counsel.

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We are seeking some
experts to help guide us

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in this matter and
all these matters

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that we have in front of us.

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And we'd ask the
commission for that.

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I'll make a motion
to approve the hiring

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of outside legal counsel.

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I'll second that
motion and a second

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to authorize outside legal
counsel any other discussion.

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All in favor, say Aye.

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I have a motion.

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Any other comments.

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Motion to adjourn.

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So moved.

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Second Motion to adjourn.

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