Christina thank you, Mayor and commissioners.
You have in front of you resolution 3799, submitting
an ordinance prohibiting high impact data
centers to the electors at the November 3, 2026
general election.
I believe everybody is aware, but just as a refresher, on July
14, 2026, an initiative petition proposing an ordinance
prohibiting the installation and operation of high impact data
centers within the city of Emporia
was filed with the city clerk on July 21, 2026.
The Lyon County election officer certified that the petition
contained a sufficient number of signatures under KSA 12, 3013,
and the city subsequently filed a declaratory judgment action
in Lyon County District court seeking a determination
as to whether the proposed ordinance is legislative
and therefore a proper subject for initiative under KSA 12:30
13 or administrative, and therefore not a proper subject
for that initiative process.
On July 20, 2026, the district court ordered the city to submit
the proposed ordinance to the electors at the November 3,
third 2026 general election, and the court further ordered that
if approved by the voters, the ordinance may not be published
or enacted until the court determines
whether it is barred by KSA 12:30 13 A1
or until further order of the.
Commission therefore submits the initiative ordinance
to the electors in compliance with the court's order,
and authorizes the city clerk to certify and transmit the ballot
question and related documents to the Lyon
County election officer by the September
1, 2026 submission deadline.
And I would note that adoption of the resolution
does not waive or alter the city's position in the pending
declaratory judgment action, and it does preserve
the city's legal positions and rights
associated with that case.
Staff recommends adoption of resolution number 37.99.
I'll make a motion to adopt resolution number 3799,
submitting an ordinance prohibiting high impact data
centers to the electors at the November 3, 2026
general election.
Second Motion and a second for resolution number 3799.
Submitting the ordinance to the general election.
Any other discussion.
All in favor, say Aye.
Motion passes.
Moving on.
Next is resolution number 3,800.
Submitting an ordinance prohibiting tier 2 and tier 3
battery energy storage systems to the electors at the November
3, 2026 general election.
This initiative petition proposes an ordinance
prohibiting those tier 2 and tier 3 battery energy storage
systems, referred to as Bess, in the ordinance,
and defines those terms that was submitted on the same day
as the other petition.
July 14, 2026.
The Lyon County election officer certified the signatures
on August 13, 2026.
I would note that we discussed this in our last city
commission meeting.
The commission authorized filing a motion
to ask the court to review that ordinance in conjunction
with the one that is already pending.
In a hearing last week, the court
was advised that was the anticipated course of action,
but it has not been officially filed
for review with the courts yet.
So this resolution preserves the city's right and ability
to seek that review, and also submits
the proposed ordinance to the voters in accordance
with the judge's order.
In the other petition, staff's well,
legal staff's recommendation is that this
is the appropriate action given the substantially
similar nature of the two petitions,
the court gave guidance in one.
I recommend that the city commission take the same action
with regard to this ordinance, submit it to the ballot,
and then continue to seek judicial review as to whether it
is appropriate under the initiative process
spelled out in state law.
I'll make a motion to adopt resolution number $3,800,
submitting an ordinance prohibiting tier 2 and tier 3
battery energy storage systems to the electors at the November
3, 2026 general election.
Second I have a motion and a second for resolution 3,000
800,800, submitting the ordinance
for tier 2 and tier 3 battery to go to the general election.
Any other discussion.
Does that include EV car batteries.
Vehicles are excluded, vehicles are excluded.
But, you can have a 80 kilowatt battery,
but you cannot have a 81 kilowatt
battery under this ordinance.
And vehicles are excluded.
Vehicles are excluded secluded because a Chevy Silverado,
is a 200 kilowatt.
So is the standard battery on a Chevy Silverado.
So tells you the car size batteries.
Any other discussion.
All in favor, say Aye.
Motion passes.
All right.
Retain legal counsel.
Commissioners, real quick, before we get to that,
I do want to note that the ballot questions
will be numbered 1, 2, and 3.
So the rec center will be one.
High capacity data centers will be question 2
and batteries will be question three.
And that's the way they will appear on the ballot.
I will note there's also a constitutional Amendment that I
do not believe is numbered.
But there's one constitutional Amendment on the ballot as well.
So then retention and all those things go.
Do you have a request to retain outside legal counsel.
We are seeking some experts to help guide us
in this matter and all these matters
that we have in front of us.
And we'd ask the commission for that.
I'll make a motion to approve the hiring
of outside legal counsel.
I'll second that motion and a second
to authorize outside legal counsel any other discussion.
All in favor, say Aye.
I have a motion.
Any other comments.
Motion to adjourn.
So moved.
Second Motion to adjourn.