[0:00] 
[10:44] Christina thank you,
Mayor and commissioners.
[10:51] You have in front of you
resolution 3799, submitting
[10:55] an ordinance prohibiting
high impact data
[10:58] centers to the electors
at the November 3, 2026
[11:02] general election.
[11:05] I believe everybody is aware,
but just as a refresher, on July
[11:09] 14, 2026, an initiative
petition proposing an ordinance
[11:13] prohibiting the installation and
operation of high impact data
[11:17] centers within the
city of Emporia
[11:19] was filed with the city
clerk on July 21, 2026.
[11:24] The Lyon County election officer
certified that the petition
[11:26] contained a sufficient number of
signatures under KSA 12, 3013,
[11:33] and the city subsequently filed
a declaratory judgment action
[11:36] in Lyon County District
court seeking a determination
[11:39] as to whether the proposed
ordinance is legislative
[11:43] and therefore a proper subject
for initiative under KSA 12:30
[11:46] 13 or administrative, and
therefore not a proper subject
[11:51] for that initiative process.
[11:53] On July 20, 2026, the district
court ordered the city to submit
[11:57] the proposed ordinance to the
electors at the November 3,
[12:00] third 2026 general election, and
the court further ordered that
[12:04] if approved by the voters, the
ordinance may not be published
[12:09] or enacted until
the court determines
[12:12] whether it is barred
by KSA 12:30 13 A1
[12:16] or until further order of the.
[12:19] 
[12:21] Commission therefore submits
the initiative ordinance
[12:24] to the electors in compliance
with the court's order,
[12:27] and authorizes the city clerk to
certify and transmit the ballot
[12:30] question and related
documents to the Lyon
[12:32] County election officer
by the September
[12:35] 1, 2026 submission deadline.
[12:39] And I would note that
adoption of the resolution
[12:41] does not waive or alter the
city's position in the pending
[12:46] declaratory judgment
action, and it does preserve
[12:50] the city's legal
positions and rights
[12:53] associated with that case.
[12:57] Staff recommends adoption
of resolution number 37.99.
[13:02] I'll make a motion to adopt
resolution number 3799,
[13:06] submitting an ordinance
prohibiting high impact data
[13:08] centers to the electors
at the November 3, 2026
[13:10] general election.
[13:11] Second Motion and a second
for resolution number 3799.
[13:15] Submitting the ordinance
to the general election.
[13:17] Any other discussion.
[13:19] All in favor, say Aye.
[13:21] Motion passes.
[13:21] Moving on.
[13:23] Next is resolution number 3,800.
[13:26] Submitting an ordinance
prohibiting tier 2 and tier 3
[13:30] battery energy storage systems
to the electors at the November
[13:33] 3, 2026 general election.
[13:37] This initiative petition
proposes an ordinance
[13:41] prohibiting those tier 2 and
tier 3 battery energy storage
[13:45] systems, referred to as
Bess, in the ordinance,
[13:49] and defines those terms that
was submitted on the same day
[13:52] as the other petition.
[13:54] July 14, 2026.
[13:56] The Lyon County election
officer certified the signatures
[14:00] on August 13, 2026.
[14:04] I would note that we discussed
this in our last city
[14:08] commission meeting.
[14:09] The commission authorized
filing a motion
[14:12] to ask the court to review
that ordinance in conjunction
[14:17] with the one that
is already pending.
[14:20] In a hearing last
week, the court
[14:23] was advised that was the
anticipated course of action,
[14:26] but it has not been
officially filed
[14:29] for review with the courts yet.
[14:32] So this resolution preserves
the city's right and ability
[14:37] to seek that review,
and also submits
[14:42] the proposed ordinance to
the voters in accordance
[14:46] with the judge's order.
[14:48] In the other petition,
staff's well,
[14:53] legal staff's
recommendation is that this
[14:56] is the appropriate action
given the substantially
[14:59] similar nature of
the two petitions,
[15:02] the court gave guidance in one.
[15:05] I recommend that the city
commission take the same action
[15:08] with regard to this ordinance,
submit it to the ballot,
[15:12] and then continue to seek
judicial review as to whether it
[15:15] is appropriate under
the initiative process
[15:19] spelled out in state law.
[15:21] I'll make a motion to adopt
resolution number $3,800,
[15:25] submitting an ordinance
prohibiting tier 2 and tier 3
[15:28] battery energy storage systems
to the electors at the November
[15:31] 3, 2026 general election.
[15:34] Second I have a motion and a
second for resolution 3,000
[15:36] 800,800, submitting
the ordinance
[15:38] for tier 2 and tier 3 battery
to go to the general election.
[15:41] Any other discussion.
[15:43] Does that include
EV car batteries.
[15:47] Vehicles are excluded,
vehicles are excluded.
[15:50] But, you can have a
80 kilowatt battery,
[15:52] but you cannot
have a 81 kilowatt
[15:54] battery under this ordinance.
[15:57] And vehicles are excluded.
[15:59] Vehicles are excluded secluded
because a Chevy Silverado,
[16:03] is a 200 kilowatt.
[16:04] So is the standard battery
on a Chevy Silverado.
[16:07] So tells you the
car size batteries.
[16:11] Any other discussion.
[16:13] All in favor, say Aye.
[16:14] Motion passes.
[16:15] All right.
[16:16] Retain legal counsel.
[16:17] Commissioners, real quick,
before we get to that,
[16:19] I do want to note that
the ballot questions
[16:21] will be numbered 1, 2, and 3.
[16:24] So the rec center will be one.
[16:27] High capacity data
centers will be question 2
[16:29] and batteries will
be question three.
[16:31] And that's the way they
will appear on the ballot.
[16:33] I will note there's also a
constitutional Amendment that I
[16:35] do not believe is numbered.
[16:36] But there's one constitutional
Amendment on the ballot as well.
[16:40] So then retention and
all those things go.
[16:45] Do you have a request to
retain outside legal counsel.
[16:49] We are seeking some
experts to help guide us
[16:53] in this matter and
all these matters
[16:55] that we have in front of us.
[16:56] And we'd ask the
commission for that.
[16:58] 
[17:01] I'll make a motion
to approve the hiring
[17:04] of outside legal counsel.
[17:06] I'll second that
motion and a second
[17:08] to authorize outside legal
counsel any other discussion.
[17:11] All in favor, say Aye.
[17:12] I have a motion.
[17:14] Any other comments.
[17:17] Motion to adjourn.
[17:18] So moved.
[17:20] Second Motion to adjourn.
[17:23]