OTTAWA, Kan. — KSHB 41 reporter Lily O’Shea Becker covers Franklin and Douglas counties in Kansas. Share your story idea with Lily.
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Franklin County residents delivered what they call a "demand letter" to Ottawa City Hall on Monday after city commissioners decided to take no action on a citizen-led initiative petition regarding data centers.
Ottawa United, a group of Ottawa and Franklin County residents, gathered over 1,000 signatures to get a proposed ordinance to ban data centers that use more than 25 megawatts of power in front of city commissioners.
RELATED | Ottawa commissioners face deadline after data center petition gains enough signatures
The group's efforts were in response to a sales contract between the city and a developer for a potential 300-acre data center and natural gas power plant development on the south side of town. Members say they're concerned about the unknown impacts it could have on residents' health, the environment and municipal utilities.
RELATED | 'We the people': Ottawa ballot petition seeks ordinance to ban future data center developments
On Aug. 7, the Franklin County clerk notified the Ottawa city clerk of the certification of the petition's signatures. According to Kansas law, commissioners had 20 days to either approve the ordinance or place it on the November ballot.
“It’s our right to be able to petition our government, and I feel as if they’re not only not listening to us, they’re fighting against us at this point," said Brooke Sheets, a member of Ottawa United.
On Wednesday, Michelle Stewart — an attorney at Hinkle Law Firm LLC, retained by Ottawa city commissioners — provided her legal opinion of the initiative petition at a city commission meeting.
Stewart said Ottawa United followed the correct procedures to submit the petition, but the contents of the petition are not legally sound.
According to Stewart, the legal validity comes down to whether the petition for ordinance is "legislative" or "administrative."
“When you look at this petition for ordinance, it pertains to a segment of the city’s existing development plans, and the ordinance proposes to prevent the city’s execution of its existing zoning and land use codes and regulations, and the courts have found that makes a proposed ordinance administrative in nature," she said.
Stewart said if the petition proposed the adoption of an entirely new land use or zoning plan, it could be considered legislative.
“They’re wasting tax money on private counsel instead of saying, ‘OK, we hear you,'" said Jessica Christopher, a Franklin County resident who drafted the proposed ordinance.
On Monday, KSHB 41 News captured the moment Christopher and Sheets delivered their "demand letter" to city hall. They said they emailed the letter to multiple city officials, but the hand delivery ensures their voices are heard.
“We’re letting them know that by the end of the day tomorrow, we will be obtaining counsel, and by that point, once we’ve paid for retainer, it’s on," Christopher said.
Their letter — partially titled Demand for Compliance with K.S.A. 12-3013 — cited recent court rulings in other Kansas counties.
In Emporia, citizens led an initiative petition regarding "high-impact data centers." On Aug. 20, the city recognized a Lyon County District Court order requiring the placement of the petition question on the November ballot.
The proposed ordinance is currently under legal review, and its passage is contingent on both voter approval and the outcome of the review.
In El Dorado, citizens followed the same Kansas law Ottawa United did to petition for a proposed ordinance. There, the ordinance would ban "high-impact data centers" and certain battery storage systems. A Butler County district judge declared the initiative petition as "legislative."
On Aug. 21, the city of El Dorado said its city commission will discuss the issue and possible next steps at an upcoming special meeting.
"Accordingly, Ottawa United requests that the City identify any material distinction between the Ottawa petition and the petition considered by the Butler County District Court that the City believes justifies a different result under Kansas law," Sheets and Christopher's letter reads.
Christopher and Sheets say they would rather not go to court with the city, but the community has raised thousands of dollars "if necessary."
“We were really fortunate that we had a few attorneys that we reached out to, some have actually fought in other communities," Christopher said. "They have given us rates of $2,500 to $5,000, and over the weekend we’re about $75 short of $5,000.”
KSHB 41 News reporter Lily O'Shea Becker reached out to the city of Ottawa for an interview on Monday. City Manager Thatcher Moddie, who was not in the office, pointed to the city's statement from Aug. 19.
In part, the statement reads, "The Commission took no action with regard to the August 7, 2026 Petition," meaning it will not move forward.
Moddie said the city has no further comment.
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