Regular Meeting Agenda Tuesday, August 10,2010-6:00 pm McAlester City Hall- Council Chambers 28 E. Washington McAlester, Oklahoma 74501

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1 McAlester City Council NOTICE OF MEETING Regular Meeting Agenda Tuesday, August 10,2010-6:00 pm McAlester City Hall- Council Chambers 28 E. Washington McAlester, Oklahoma Kevin E. Priddle Mayor Chris B. Fiedler Ward One Steve Harrison Ward Two John Browne Vice-Mayor, Ward Three Robert Karr Ward Four Buddy Garvin Ward Five Louis Smitherman Ward Six Peter J. Stasiak City Manager William J. Ervin City Attorney Cora M. Middleton City Clerk This agenda has been posted at the McAlester City Hall, distributed to the appropriate news media, and posted on the City website: within the required time frame. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The McAlester City Hall is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Clerk's Office at , Extension CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Glenn Meyer, Trinity Lutheran Church ROLLCALL CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to five (5) minutes.

2 August 10,2010 McAlester City Council Agenda - Regular Meeting Page 2 of6 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the July 27,2010, Regular Meeting of the McAlester City Council. (Cora Middleton, City Clerk) B. Approval of Claims for July 28, 2010 through August 10, (Gayla Duke, Chief Financial Officer) C. Designate Saturday, October 23,2010, as Make a Difference Day in McAlester. D. To authorize the Mayor to sign XTO Energy Division Order for Well #107255, Blevins 1-25, Pittsburg County, Oklahoma. The DO is a confirmation that the well has reached producing status and confirms the City's interest in revenues. ITEMS REMOVED FROM CONSENT AGENDA PUBLIC HEARING All persons interested in any ordinance listed under Scheduled Business shall have an opportunity to be heard in accordance with Article 2, Section 2.12(b) of the City Charter. AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE AND ACCOMPANYING MAP THERETO KNOWN AS GENERAL ZONING ORDINANCE NO (1989), BY CHANGING THE CLASSIFICATIONS OF THE ZONING DISTRICT FOR: A TRACT OF LAND IN LOT 93, TOWNSITE ADDITION NO.5, PITTSBURG COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 93; THENCE N 88 39'48" E. ALONG THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 00 56'44" E AND PARALLEL WITH THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 88 39'48" W AND PARALLEL WITH THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF SAID LOT 93; THENCE N 00 56'44" W ALONG THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET TO THE POINT OF BEGINNING, FROM A-I(AGRICULTURAL DISTRICT) TO C- 5(HIGHW AY COMMERCIAL). AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE AND ACCOMPANYING MAP THERETO KNOWN AS GENERAL ZONING ORDINANCE NO (1989), BY CHANGING THE CLASSIFICATIONS OF THE ZONING DISTRICT FOR: Lot 7 & W liz OF LOT 6 IN BLOCK 324, SOUTH MCALESTER, PITTSBURG COUNTY, STATE OF OKLAHOMA FROM RI-B(SINGLE- FAMILY RESIDENTIAL) TO C-2(NEIGHBORHOOD CONVENIENCE COMMERCIAL). AN ORDINANCE OF THE CITY OF MCALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVID-ING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AN ORDINANCE OF THE CITY OF MCALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL

3 August 10, 2010 McAlester City Council Agenda - Regular Meeting Page 3 of6 CONFLICTING ORDINANCES; PROVID-ING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. SCHEDULED BUSINESS 1. Consider and act upon a change in zoning from A-I (Agricultural District) to C-5 (Highway Commercial) for the construction of the Oak Tree Inn. (Peter J Stasiak, City Manager) Executive Summary This item involves a motion to approve and act upon changing the existing zoning A-I (Agricultural District) to C-5 (Highway Commercial) and authorizing the Mayor to sign the attached Ordinance. 2. Consider and act upon a change in zoning from Rl-B (Single Family Residential) to C-2 (Neighborhood Convenience Commercial). (Peter J Stasiak, City Manager) Executive Summary This item involves a motion to approve and act upon changing the existing zoning RI-B (Single Family Residential) to C-2 (Neighborhood Convenience Commercial) and authorizing the Mayor to sign the attached Ordinance. 3. Consider, and act upon, authorizing the Mayor to sign a contract with MPower Economic Development Corporation for a maximum amount of$184,673 for fiscal year 2010/2011. (Peter J Stasiak, City Manager) Executive Summary A motion to sign a contract with the MPower Economic Development Corporation, which sets forth the scope of services they will provide for the City's payment of$184, Consider and act upon declaring certain vehicles surplus property according to the Code of Ordinance Sec and Sec , and authorize the City Manager to sell at auction. (Jim Lyles, Police Chief) Executive Summary This item involves a motion to approve declaring five vehicles surplus property and authorizing vehicles at auction. the sale of the five 5. Consider, and act upon, authorizing the Mayor to sign a contract with Municipal Code Corporation for recodification of the City of McAlester's Code of Ordinances. (Cora Middleton, City Clerk) Executive Summary This item involves a motion to authorize the Mayor to sign a contract with Municipal Code Corporation for recodification of the City of McAlester's Code of Ordinances. 6. Financial Reports for year ending June 30, (Gayla Duke, Chief Financial Officer) Executive Summary This item involves a financial report and presentation from Chief Financial Officer.

4 August 10,2010 McAlester City Council Agenda - Regular Meeting Page 4 of6 7. Consider, and act upon, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) Executive Summary A motion to approve the budget amendment Ordinance No Consider, and act upon, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) Executive Summary A motion to approve the budget amendment Ordinance No NEW BUSINESS Any matter not known or which could not have been reasonably foreseen prior to the time of posting the Agenda in accordance with Sec , Title 25, Oklahoma State Statutes. CITY MANAGER'S REPORT REMARKS AND INQUIRIES BY CITY COUNCIL RECESS COUNCIL MEETING CONVENE AS McALESTER AIRPORT AUTHORITY Majority ofa Quorum required for approval Approval of the Minutes from the July 27, 2010, Regular Meeting of the McAlester Airport Authority. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item B, approval of Claims for July 28, 2010 through August 10,2010. (Gayla Duke, Chief Financial Officer) Confirm action taken on City Council Agenda Item 5, authorizing the Mayor to sign a contract with Municipal Code Corporation for recodification of the City of McAlester's Code of Ordinances. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item 6, Financial Reports for year ending June 30, (Gayla Duke, Chief Financial Officer) Confirm action taken on City Council Agenda Item 7, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all

5 August 10,2010 McAlester City Council Agenda - Regular Meeting Page 5 of6 conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) ADJOURN MAU. CONVENE AS McALESTER PUBLIC WORKS AUTHORITY Majority of a Quorum requiredfor approval Approval of the Minutes from the July 27, 2010, Regular Meeting of the McAlester Public Works Authority. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item B, approval of Claims for July 28, 2010 through August 10,2010. (Gayla Duke, Chief Financial Officer) Confirm action taken on City Council Agenda Item 1, a change in zoning from A-I (Agricultural District) to C-5 (Highway Commercial) for the construction of the Oak Tree Inn. (Peter J Stasiak, City Manager) Confirm action taken on City Council Agenda Item 2, a change in zoning from R 1-B (Single Family Residential) to C-2 (Neighborhood Convenience Commercial). (Peter J Stasiak, City Manager) Confirm action taken on City Council Agenda Item 5, authorizing the Mayor to sign a contract with Municipal Code Corporation for recodification of the City of McAlester's Code of Ordinances. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item 6, Financial Reports for year ending June 30, (Gayla Duke, Chief Financial Officer) Confirm action taken on City Council Agenda Item 7, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) Confirm action taken on City Council Agenda Item 8, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) ADJOURN MPW A. RECONVENE COUNCIL MEETING

6 August 10,2010 McAlester City Council Agenda - Regular Meeting Page 6 of6 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this day of 2010 at a. m.l p. m. as required by law in accordance with Section 303 of the Oklahoma Statutes and that the appropriate news media was contacted As a courtesy, this agenda is also posted on the City of McAlester website: Cora M. Middleton, City Clerk

7 Council Chambers Municipal Building July 27,2010 The McAlester City Council met in Regular session on Tuesday, July 27, 2010, at 6:00 P.M. after proper notice and agenda was posted, July 23,2010, at 4:03 P.M. CALL TO ORDER Mayor Priddle called the meeting to order. Pastor Clint Gray, Arpelar Faith Church lead the invocation and led the Pledge of Allegiance. ROLLCALL Council Roll Call was as follows: Present: Chris Fiedler, John Browne, Robert Karr, Buddy Garvin, Louis Smitherman & Absent: Presiding: Kevin Priddle Steve Harrison Kevin E. Priddle, Mayor Staff Present: Peter J. Stasiak, City Manager; John Modzelewski, City Engineer/Public Works Director; William J. Ervin, City Attorney and Cora Middleton, City Clerk Citizen's Comments on Non-agenda None Items Recognition Mayor Priddle recognized First National Development Corporation for their contribution and sponsoring of this year's fireworks for the Fourth of July Celebration at the Southeast Expo Center. He then presented Mr. Bruce Hall with a plaque honoring the First National Development Corporation. Recognition of City of McAlester Employee of the Month Mayor Priddle recognized Ms. Cora Middleton, City Clerk as the City of McAlester's June Employee of the Month. He then presented Ms. Middleton with a certificate, plaque and savings bond in honor of being chosen as June Employee of the Month. Consent Agenda A. Approval of the Minutes from the June 29, 2010, Special Meeting of the McAlester City Council. (Cora Middleton, City Clerk)

8 B. Approval of the Minutes from the July 1, 2010, Special Meeting of the McAlester City Council. (Cora Middleton, City Clerk) C. Approval of the Minutes from the July 13,2010, Regular Meeting of the McAlester City Council. (Cora Middleton, City Clerk) D. Approval of Claims for June 30, (Gayla Duke, Chief Financial Officer) In the following amounts: General Fund - $48,973.21; SE Expo CtriTourism Fund - $ and CIP Fund - $2, E. Approval of Claims for July 14, 2010 through July 27, (Gayla Duke, Chief Financial Officer) In the following amounts: General Fund - $92,827.56; Nutrition - $572.50; Landfill Res.!Sub-Title D - $74,966.30; Tourism Fund - $15,902.75; SE Expo Ctr/Tourism Fund - $3,673.99; E $581.72; Gifts & Contributions - $190.00; Fleet Maintenance - $5,200.38; Worker's Compensation - $16, and CIP Fund - $14, F. Authorize the Mayor to sign ratification of Lease Purchase No. 133 with First National Bank & trust Company, McAlester, Oklahoma, for nine 2009 Ford Crown Victoria vehicles and one 2009 Ford Ranger PK. (Cora Middleton, City Clerk) G. A Resolution of support for the appointment of Peter J. Stasiak to serve on the Board of Directors ofthe Oklahoma Municipal League. (Kevin E. Priddle, Mayor) Resolution No H. Authorize Mayor to sign the Kiamichi Area Nutrition Project, Inc. Contract for July 1, 2010 and ending on June 30, (Gayla Duke, Chief Financial Officer) 1. Concur with Mayor's Appointment of Sandy Brock Bahe to the Pittsburg County Expo Authority for a term to expire June 30, (Kevin E. Priddle, Mayor) Mayor Priddle requested item "E" be removed for individual consideration and moved to after item number ten (10) of the agenda. There was an item on those claims that needed to have the funds appropriated before the claim could be approved. Councilman Harrison requested that item "D" be removed for individual consideration. Councilman Fiedler moved to approve the Consent agenda items "A, B, C, F, G, H and I". motion was seconded by Vice-Mayor Browne. The There was no discussion and the vote was taken as follows: A YE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 2

9 Items removed from the Consent Agenda D. Approval of Claims for June 30, (Gayla Duke, Chief Financial Officer) In the following amounts: General Fund - $48,973.21; SE Expo Ctr/Tourism Fund - $ and CIP Fund - $2, Councilman Harrison moved for approval of Consent Agenda Item "D", seconded by Vice- Mayor Browne. Before the vote, Councilman Harrison commented that the payment to McCall Insulation should be changed to McAfee and Taft. There was no further discussion, Mayor Priddle stated that the motion was to approve Consent Item "D" with the noted changes and the vote was taken as follows: AYE: NAY: Councilman Harrison, Browne, Karr, Garvin, Smitherman, Fiedler & Mayor Priddle None Mayor Priddle declared the motion carried Councilman Garvin moved to open a Public Hearing for comments on proposed Ordinances amending the Fiscal Year Budget, and amending the Fiscal Year Budget. The motion was seconded by Councilman Karr. There was no discussion, and the vote was taken as follows: A YE: Councilman Browne, Karr, Garvin, Smitherman, Fiedler, Harrison & Mayor Priddle NAY: None Mayor Priddle declared the motion carried, and the Public Hearing was opened at 6:12 P.M. Public Hearing AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH EST ABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVID-ING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVID-ING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. 3

10 There were no comments from the citizens or the Council and Councilman Harrison moved to close the Public Hearing. The motion was seconded by Councilman Smitherman. There was no discussion, and the vote was taken as follows: AYE: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried, and the Public Hearing was closed at 6:13 P.M. Scheduled Business 1. Pride in McAlester Quarterly Update Report (PIM). (Mark Wilkett, President) Executive Summary This agenda item involves a Quarterly Report for PlM. Councilman Fiedler moved to open the floor for discussion and presentation of the Pride in McAlester quarterly Update Report. The motion was seconded by Councilman Karr. Before the vote, Mayor Priddle commented that the report had been furnished in the agenda. Mark Wilkett then briefly reviewed the activities that Pride in McAlester had conducted during the past quarter. Councilman Karr inquired about the "Junker Car Cleanup" and if it was planned again for this year. Manager Stasiak commented that the City would be conducting an audit during the first week of August concerning the cars. He added that last July approximately thirty (30) cars had been identified as junk cars and at the end of the month several had been taken care of by the owners. There was no further discussion, Mayor Priddle stated that the motion was to accept Pride In McAlester's Quarterly Update Report and the vote was taken as follows: AYE: Councilman Garvin, Smitherman, Fiedler, Harrison, Browne, Karr & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 2. Consider, and act upon, authorizing the Mayor to sign a contract with Pride In McAlester, Inc. (PIM), in the amount of $50,400 for Fiscal Year (Mark Wilkett, President) Executive Summary A motion to sign a contract with the Pride In McAlester, Inc., for clean up and beautification activities on behalf of the City for $50,400. Councilman Smitherman moved to authorize the Mayor to sign a contract with Pride In McAlester, Inc. (PIM), in the amount of$50,400 for Fiscal Year The motion was seconded by Councilman Garvin. Before the vote, Manager Stasiak commented that he would be working with Pride In McAlester on their goals and objectives and those items and the work plan would be provided to the 4

11 Council within sixty (60) days. He also commented that the word assurances would be corrected in the contract and the contract had been reviewed by the City Attorney. There was no further discussion, and the vote was taken as follows: A YE: Councilman Smitherman, Fiedler, Harrison, Browne, Karr, Garvin & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 3. Consider, and act upon, authorizing the Mayor to sign a contract with Oklahomans for Independent Living (OIL) for a maximum amount of $20,160 for fiscal year 2010/2011. (Mike Ward, Director) Executive Summary A motion to sign a contract with the Oklahomans for Independent Living (OIL), which sets forth the scope of services they will provide for the City's payment of $20,160 for fiscal year 2010/2011, and authorize the Mayor to sign the document. Councilman Harrison moved to authorize the Mayor to sign a contract with Oklahomans for Independent Living (OIL) for a maximum amount of $20,160 for fiscal year 2010/2011. The motion was seconded by Vice-Mayor Browne. Before the vote, Manager Stasiak commented that there were some standard clauses missing from the contract and he would work with Mr. Ward to get them inserted and they would need to add on the last page the City Attorney's approval. He added that the contract had been reviewed by the City Attorney. The Mayor commented that the motion would be to approve the contract subject to the revisions and final review by the City Attorney. Vice-Mayor Browne commented that there was no point in having a contract if it was not the correct contract and he asked that corrected contracts be furnished to the Council in time for them to read before voting. There was no further discussion, and the vote was taken as follows: AYE: NAY: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle None Mayor Priddle declared the motion carried. 4. Consider, and act upon, authorizing the Mayor to sign an Agreement and Memorandum of Understanding with Pittsburg County/City of McAlester Emergency Management in the amount of$42,000 for Fiscal Year (Trent Myers, Pittsburg County/City of McAlester Emergency Manager) Executive Summary A motion to sign a Memorandum of Understanding with Pittsburg County/City of McAlester Emergency Management in the amount of$42,000. Councilman Harrison moved to authorize the Mayor to sign an Agreement and Memorandum of Understanding with Pittsburg County/City of McAlester Emergency Management in the amount of $42,000 for Fiscal Year The motion was seconded by Councilman Smitherman. 5

12 Before the vote, Manager Stasiak stated that this was the standard agreement and the City Attorney had reviewed the contract. There was no further discussion, and the vote was taken as follows: AYE: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 5. Consider, and act upon, authorizing the Mayor to sign a Contract and Resolution with McAlester Main Street Association, Inc., for a maximum amount of $25,200 for fiscal year 2010/2011. (Kathy Wall, McAlester Main Street Association, Inc.) Executive Summary A motion to sign a contract with the McAlester Main Street Association, Inc., which sets forth the scope of services they will provide for the City's payment of $25,200. Councilman Harrison moved to authorize the Mayor to sign a Contract and Resolution No with McAlester Main Street Association, Inc., for a maximum amount of $25,200 for fiscal year 2010/2011. The motion was seconded by Councilman Fiedler. Before the vote, Manager Stasiak commented that he would be working with Ms. Wall on their goals and objectives. There was a brief discussion among the Council regarding written in changes in the contract, the job that Main Street had been doing and asking that Main Street furnish a report of their accomplishments over the past three (3) years. Manager Stasiak stated that he would work with Ms. Wall to produce that report and furnish it to the Council. There was no further discussion, and the vote was taken as follows: A YE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 6. Consider, and act upon, authorizing the Mayor to sign a Campus Police Agreement between the Board of Education for the McAlester School District and the City of McAlester for Fiscal Year (Jim Lyles, Chief of Police) Executive Summary This agenda item relates to an Agreement delineating police responsibility between the City and School District for this fiscal year. Councilman Smitherman moved to authorize the Mayor to sign a Campus Police Agreement between the Board of Education for the McAlester School District and the City of McAlester for Fiscal Year The motion was seconded by Councilman Karr. Before the vote, Chief Lyles explained that this allowed the Campus Police to operate within the City's jurisdiction. Councilman Harrison asked if the contract had been reviewed by the City Attorney. Mr. Ervin stated that it had been reviewed. 6

13 There was no further discussion and the vote was taken as follows: AYE: Councilman Harrison, Browne, Karr, Garvin, Smitherman, Fiedler & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 7. Consider, and act upon a Resolution authorizing the City of McAlester to seek a Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce. (David Medley PE, Utilities Director) Executive Summary Motion to approve a Resolution to seek funding from the Oklahoma Department of Commerce through the Community Development Block Grant (CDBG) 2010 State Small Cities Program and authorize the Mayor to sign the CDBG application. Councilman Garvin moved to approve a Resolution authorizing the City of McAlester to seek a Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce. The motion was seconded by Councilman Harrison. Before the vote, David Medley explained that this Grant would provide for 50% of the cost to replace water and sewer lines in North McAlester, Ward 5. He commented that this would replace old and dilapidated lines some of which were forty (40) years old. He added that the City was required by the Department of Commerce to locate low to moderate income areas to do these projects. Councilman Garvin commented that he wanted to commend everyone involved with this grant. Councilman Harrison stated he believed the City had received an extension for the application. Mr. Medley commented that a public hearing had been scheduled for August 3, 2010 at 2:00 P.M. and as soon as these items were approved they would be forwarded to Mr. Baldwin at KEDDO for completion of the grant application. There was no further discussion, and the vote was taken as follows: AYE: Councilman Browne, Karr, Garvin, Smitherman, Fiedler, Harrison & Mayor Priddle NAY: None Mayor Priddle declared the motion carried 8. Consider, and act upon, authorizing the City of McAlester to implement a Citizen Participation Plan for the application process for its 20 I 0 Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce. (David Medley PE, Utilities Director) Executive Summary This agenda item involves implementing a City of McAlester Citizen Participation Plan for the application process to seek funding from the Oklahoma Department of Commerce through the Community Development Block Grant (CDBG) 2010 State Small Cities Program and authorize the Mayor to sign the Citizen Participation Plan. 7

14 Councilman Harrison moved to authorize the City of McAlester to implement a Citizen Participation Plan for the application process for its 2010 Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce. The motion was seconded by Councilman Fiedler. Before the vote, David Medley explained the various requirements of the Oklahoma Department of Commerce for CDBG grants, one of which was the Public Hearing. He added that the Participation Plan outlined the requirements which would be followed during the implementation of the 2010 Community Development Block Grant (CDBG). Manager Stasiak added that staff had done an excellent job in connection with KEDDO. He thanked KEDDO for all the help they had given the City over the years. Mr. Baldwin and Steve Clemente commented on the long history that KEDDO had working with the City and during that time had not had any better cooperation from the staff and management. Councilman Fiedler commented on Mr. Baldwin's understanding of municipalities. Councilman Harrison asked about page 2 of the Citizen Participation Plan in section 1 the sentence that read "The hearing will be held in the early evening so those citizens who work may attend." There was a short discussion among the Council and Mr. Baldwin concerning that sentence and it was decided that the sentence could be removed with out causing any problems. Mayor Priddle stated that the motion was to authorize the City of McAlester to implement a Citizen Participation Plan for the application process for its 2010 Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce subject to striking the sentence "The hearing will be held in the early evening so those citizens who work may attend." There was no further discussion, and the vote was taken as follows: AYE: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried 9. Consider, and act upon, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve the budget amendment ordinance. ORDINANCE NO AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Councilman Harrison moved for approval of ORDINANCE NO. 2365, seconded by Councilman Karr. 8

15 Before the vote, Ms. Duke explained that this amendment was to appropriate the revenue received from the raw water sale in fiscal year and transfer it to the General Fund to be applied towards debt and then to the "Repayment CIP Fund" as fund balance to be used in There was a brief discussion, among the Council and the City Manager regarding the raw water sales and the balance still in the debt established with the BKD Audit findings. There was no further discussion, and the vote was taken as follows: AYE: Councilman Garvin, Smitherman, Fiedler, Harrison, Karr, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. Councilman Smitherman moved to approve the EMERGENCY CLAUSE, seconded by Councilman Garvin. There was no discussion, and the vote was taken as follows: AYE: Councilman Smitherman, Fiedler, Harrison, Browne, Karr, Garvin & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 10. Consider, and act upon, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve the budget amendment ordinance. ORDINANCE NO AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Councilman Harrison moved for approval of ORDINANCE Councilman Garvin. NO. 2366, seconded by Before the vote, Ms. Duke explained that this amendment was to appropriate Fund Balance from fiscal year to purchase a vehicle for use by a meter reader and to repair pavement on Electric Avenue. There was a brief discussion, among the Council regarding the purchase of the vehicle and if it had been purchased through a local dealer. 9

16 There was no further discussion, and the vote was taken as follows: A YE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. Councilman Smitherman moved for approval of the EMERGENCY CLAUSE, seconded by Councilman Karr. There was no discussion, and the vote was taken as follows: AYE: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried E. Approval of Claims for July 14, 2010 through July 27, (Gayla Duke, Chief Financial Officer) In the following amounts: General Fund - $92,827.56; Nutrition - $572.50; Landfill Res.lSub-Title D - $74,966.30; Tourism Fund - $15,902.75; SE Expo Ctr/Tourism Fund - $3,673.99; E $581.72; Gifts & Contributions - $190.00; Fleet Maintenance - $5,200.38; Worker's Compensation - $16, and CIP Fund - $14, Councilman Karr moved for approval of claims for July 14, 2010 through July 27, 2010, seconded by Vice-Mayor Browne. Before the vote, Mayor Priddle reminded the Council that there had been an item on the claims that needed funds appropriated before the claim could be approved. Councilman Harrison inquired about the payment to ALFA in the amount of $60, Ms. Duke commented that it was a prior year expense and would be an accrued expense. Councilman Karr asked about the mowing contract on the first page of the claims. Manager Stasiak explained the some of the mowing required more specific attention and that there were only a few mowing contracts. There was no further discussion, and the vote was taken as follows: A YE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 11. Consider, and act upon, approving purchase of excess workers compensation insurance. Quotes are still being received and staff will bring recommendation to the Council meeting upon further analysis. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve management's recommendation for excess workers compensation insurance. Councilman Karr moved to approve the purchase of excess workers compensation insurance. The motion was seconded by Councilman Smitherman. 10

17 Before the vote, there was discussion among the Council regarding the receipt of the information concerning this item, when this policy came up for renewal, what companies had furnished quotes, postponing this item until the next meeting, the differences in the prices and what was included in each company's quote, tabling this item until later in the meeting, recessing this meeting instead of adjourning so this item could be addressed after the Council had time to review the information and making sure that the Council was comparing apples to apples before they made their decision. Councilman Harrison moved to table this item until later in the meeting on Thursday, July 29, The motion was seconded by Mayor Priddle. There was no further discussion, and the vote was taken as follows: AYE: Councilman Harrison, Browne, Karr, Garvin, Smitherman, Fiedler & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 12. Consider, and act upon, approving agreement to provide the City of McAlester's third party administration of our self-insured workers compensation. Management recommendation is to approve this contract with Mutual Assurance Administrators, Inc., pending approval of City Attorney. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve management's proposal administration of our self-insured workers compensation. Councilman Karr moved to' approve an agreement to provide the City of McAlester's third party administration of our self-insured workers compensation. Management recommendation is to approve this contract with Mutual Assurance Administrators, Inc., pending approval of City Attorney. The motion was seconded by Councilman Garvin. Before the vote, there was a brief discussion among the Council concerning if this selection affected which company was chosen for the excess coverage and when this policy would expire. Mayor Priddle moved to table this item until Thursday, July 29,2010. The motion was seconded by Vice-Mayor Browne. There was no further discussion, and the vote was taken as follows: AYE: NAY: Councilman Browne, Karr, Garvin, Smitherman, Fiedler, Harrison & Mayor Priddle None Mayor Priddle declared the motion carried 13. Consider, and act upon, approving and authorizing management to sell at auto auction a 2002 Chevy S 10 PU with 163,480 miles in extremely poor condition.. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve management's proposal to sell the attached vehicle at auto auction. 11

18 Councilman Smitherman moved to approve and authorize management to sell at auto auction a 2002 Chevy S10 PU with 163,480 miles in extremely poor condition. The motion was seconded by Councilman Garvin. Before the vote, Manager Stasiak stated that the City was requesting that this vehicle be declared surplus or obsolete. Councilman Harrison commented that the City had the authority to sell the item once the Council declares it surplus or obsolete. Mr. Ervin stated that the motion would need to declare the vehicle surplus and authorize the sale of the vehicle. Mayor Priddle moved to amend the motion, declare the 2002 Chevy S 10 PU surplus and authorize management to sell at auto auction. The motion was seconded by Councilman Harrison. There was no further discussion, and the vote was taken as follows: A YE: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried 14. Consider, and act upon, a request by the Italian Festival Foundation to waive the rental fee for the use of the Southeast Expo Center for the 2011 Annual Italian Festival by partnering with them in the amount of$2, Executive Summary Consider appropriating $2, of the $5, approved annual partnering budget for the 2011 Italian Festival at the Expo. Councilman Smitherman moved to approve a request by the Italian Festival Foundation to waive the rental fee for the use of the Southeast Expo Center for the 2011 Annual Italian Festival by partnering with them in the amount of $2, The motion was seconded by Vice-Mayor Browne. Before the vote, Manager Stasiak commented that as part of the budgeting process $5, was set aside to partner with various organizations. There was no further discussion, and the vote was taken as follows: AYE: NAY: Councilman Garvin, Smitherman, Fiedler, Harrison, Karr, Browne & Mayor Priddle None Mayor Priddle declared the motion carried. 15. Consider, and act upon, adopting a Resolution supporting application for Federal Assistance with the FAA. Executive Summary Motion to approve a Resolution supporting application for Federal Assistance with the FAA. Councilman Fiedler moved for approval of RESOLUTION NO , supporting the application for Federal Assistance with the FAA. The motion was seconded by Councilman Smitherman. 12

19 Before the vote, Manager Stasiak stated that the City anticipated the project costs to total $115,000 and was seeking funding support for the project from the Federal Aviation Administration in the amount of $109,250, with the City's share estimated at $5,750. Councilman Fiedler stated that this was a project that was started about fifteen (15) or twenty (20) years ago. Mayor Priddle commented that this was almost another $95,000 grant. There was no further discussion, and the vote was taken as follows: AYE: Councilman Smitherman, Fiedler, Harrison, Browne, Karr, Garvin & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 16. Consider, and act upon, to authorize the Mayor to sign the Pledge and Guarantee document which authorizes the annual renewal of the Participation Agreement with the Association for Landfill Financial Assurance. (John Modzelewski, P.E. Engineering Dept) Executive Summary Motion to approve the document and authorize the Mayor to sign after review and approval by City Attorney's Office. Vice-Mayor Browne moved to authorize the Mayor to sign the Pledge and Guarantee document which authorizes the annual renewal of the Participation Agreement with the Association for Landfill Financial Assurance (ALF A). The motion was seconded by Councilman Harrison. Before the vote, John Modzelewski explained that this was an annual agreement for membership with ALFA and would renew the City's membership for fiscal year He commented that the City had been a member since He added that this membership fulfills the requirements of the Oklahoma Department of Environmental Quality for financial assurance landfill closure and post-closure monitoring costs. Vice-Mayor Browne commented that the City did not have intentions of closing the landfill. Manager Stasiak confirmed Vice-Mayor Browne's statement that the City did not intend to close the landfill. There was no further discussion, and the vote was taken as follows: A YE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. 17. Consider, and act upon, an Agreement for Engineering Services with Meshek & Associates, PLC for Phase II Stormwater Management Program New Permit for the City of McAlester to meet Oklahoma Department of Environmental Quality (ODEQ) 13

20 requirements and EPA's National Pollutant Discharge Elimination System (NPDES). (John Modzelewski, P.E. Engineering Dept) Executive Summary Motion to approve an Agreement for Engineering Services with Meshek & Associates, Inc. for Phase II Stormwater Management Program activities during FY 20 I0-20 II for a fee not to exceed $50,000. Councilman Smitherman moved for approval of an Agreement for Engineering Services with Meshek & Associates, PLC for Phase II Stormwater Management Program New Permit for the City of McAlester to meet Oklahoma Department of Environmental Quality (ODEQ) requirements and EPA's National Pollutant Discharge Elimination System (NPDES). The motion was seconded by Councilman Harrison. Before the vote, John Modzelewski explained that in July 2008 the Council had approved the selection of Meshek & Associates PLC as the City's engineering consultant for the Phase II Stormwater Management Program. He commented that the first permit had been completed and ODEQ was preparing the requirements for the next permit cycle of the NPDES Phase II Stormwater Management Program. He added that this would allow Meshek & Associates PLC to continue working with the City to be in compliance with NPDES Permit Phage II requirements. There was a brief discussion among the Council concerning blanks in the agreement, looking at last years agreements, changing the date on one of the attachments and if the rates were the same as last year. Mayor Priddle restated the motion to read approval of an Agreement for Engineering Services with Meshek & Associates, PLC for Phase II Stormwater Management Program New Permit for the City of McAlester to meet Oklahoma Department of Environmental Quality (ODEQ) requirements and EPA's National Pollutant Discharge Elimination System (NPDES), subject to the review of the City Attorney and completion of the blanks. There was no further discussion, and the vote was taken as follows: AYE: NAY: Councilman Karr, Garvin, Smitherman, Fiedler, Harrison, Browne & Mayor Priddle None Mayor Priddle declared the motion carried New Business Manager Stasiak explained that staff had been made aware that the 2006 CDBG Grant No CDBG-06 had not been properly closed, all other requirements had been completed. He stated that the Council had not officially voted on the closing. He added that the Department of Commerce only allows two (2) grants to be in process at a time. Mayor Priddle commented that what was needed was for the Council to vote to officially close and accept the project as completed. Councilman Smitherman moved to approve the decision to accept the project CDBG-06 as completed and officially closed. The motion was seconded by Councilman Karr. There was no other discussion, and the vote was taken as follows: 14

21 AYE: Councilman Fiedler, Harrison, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. City Manager's Report Manager Stasiak reminded everyone to be careful driving down Electric during the street repairs. He stated that phase 1 resurfacing of asphalt on the east bound side of the street would be completed this week and phase 2 would replace approximately fifteen (15) cement panels on the west bound side of the street. He added that phase 3 would be replacing a few cement panels in front of PSO. Hoped to have the recycling program up and running by September 1st and there was a meeting scheduled for Wednesday, July 28 th. Remarks and Inquiries By City Council Councilman Fiedler asked the citizens to contact the City if they were having problems with discolored water. He stated that he had visited with representatives of Shared Blessings and on August 7, 2010 at 9:00 was the "Back to School Bash". He explained that Shared Blessings would be giving away approximately one thousand (1000) backpacks and supplies to area school children and there would be other activities also. Councilman Harrison had no comments for this evening. Vice-Mayor Browne asked if the City could designate someone to collect complaints about sanitation and forward them to Allied Waste. He asked the citizens to not leave their trash receptacles at the street. He commented on the recent campaigns and how there had not been any mud slinging, he then congratulated all of the candidates for their campaigns. Councilman Karr thanked the Utility Maintenance his ward. Department for the repair of the water leak in Councilman Garvin thanked the City Manager and staff for the work being done on Electric Avenue. He then asked as to when the City would receive the street patching machine. Manager Stasiak stated that the truck would be delivered this week and the patching machine should arrive the next week. He then asked Mr. Modzelewski to update the Council. Mr. Modzelewski advised the Council that the truck chassis would be here Friday; the rest of the equipment should be delivered next week. They had built a two (2) sided containment clean area for the aggregate that would be required for the process and there would be training furnished to the City employees that would be assigned to the operation. He then commented that there would be inserts for the water bills addressing some of the concerns about the trash issue. Councilman Garvin asked that when this is delivered he would like to see news coverage to show what the City was doing and had planned to address the street repairs. 15

22 Councilman Smitherman commented on a street light at Ninth and Chickasaw that was out, the drains that needed cleaned in Ward 6, and grass clippings that are blown into the street. He stated that hopefully there would be a resignation from Ward 6 in the next couple of days. He added that he did not have a signed contract at this time. He then encouraged Ms. Duke to continue her hard work. Councilman Fiedler asked if a link on the City's website for PSO street lights. Mayor Priddle commented that he would not make any comments tonight and allow all that wanted to attend the final minutes of the election at the election board. He then asked for a motion to recess the Council meeting. Councilman Fiedler moved to recess the meeting until Thursday, July 29,2010 motion was seconded by Vice-Mayor Browne. at 5:30 P.M. The Before the vote, Vice-Mayor Browne congratulated Councilman Smitherman for his new employment opportunity. There was no discussion, and the vote was taken as follows: AYE: Councilman Browne, Karr, Garvin, Smitherman, Fiedler, Harrison & Mayor Priddle NAY: None Mayor Priddle declared the motion carried and the meeting was recessed at 7:45 P.M. The Regular meeting was reconvened Thursday, July 29, 2010 at 5:30 P.M. Councilman Harrison was not in attendance. Councilman Smitherman moved to reconvene the meeting, seconded by Vice-Mayor Browne. There was no discussion, and the vote was taken as follows: AYE: Councilman Karr, Garvin, Smitherman, Fiedler, Browne & Mayor Priddle NAY: None Mayor Priddle declared the motion carried and the meeting was reconvened at 5:30 P.M. 11. Consider, and act upon, approving purchase of excess workers compensation insurance. Quotes are still being received and staff will bring recommendation to the Council meeting upon further analysis. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve management's recommendation for excess workers compensation insurance. Councilman Fiedler moved to approve purchase of excess workers compensation insurance, seconded by Councilman Karr. 16

23 Before the vote, Manager Stasiak distributed a comparison sheet to the Council explaining that Midwest Employers was $ less than Safety National but, when comparing each of the companies' training programs it was found that Midwest Employers charged $15.00 per course and $50.00 annually per user. Mr. Stasiak stated the City had begun to emphasize training and that his recommendation was to proceed with Safety National because of the training factor. There was a lengthy discussion among the Council regarding the cost of training, what employees would receive training, what self assessment included, if the City began a safety training program would the insurance companies review the City's premiums, preferring to stay with a local business if possible and if the City had ever used the excess insurance coverage. Bruce Jordan, agent for Midwest Employers, answered some of the Council's questions. Manager Stasiak reminded the Council that the City was self insured up to a certain amount and anything that could be done to decrease claims would be beneficial. Vice-Mayor Browne moved to accept the quote from Midwest Employers, selecting option 5. The motion was seconded by Councilman Smitherman. Before the vote, Councilman Fiedler asked if Midwest would have someone work with the City's Safety Officer to develop a safety program. Councilman Garvin asked how long before they would contact the City to begin the project. Mr. Jordan answered yes the company would contact the Safety Officer and it should be in thirty (30) days. There was no further discussion, and the vote was taken as follows: AYE: NAY: Councilman Garvin, Smitherman, Fiedler, Browne & Mayor Priddle Councilman Karr Mayor Priddle declared the motion carried. 12. Consider, and act upon, approving agreement to provide the City of McAlester's third party administration of our self-insured workers compensation. Management recommendation is to approve this contract with Mutual Assurance Administrators, Inc., pending approval of City Attorney. (Gayla Duke, Chief Financial Officer) Executive Summary Motion to approve management's proposal administration of our self-insured workers compensation. Vice-Mayor Browne moved to approve an agreement to provide the City of McAlester's third party administration of our self-insured workers compensation. The motion was seconded by Councilman Fiedler. Before the vote, Manager Stasiak reviewed the comparison of United Safety and Mutual Assurance Administrators, Inc. (MAA), with MAA's quote being $3, less than United Safety. Mr. Ervin arrived at 5:58 P.M. 17

24 Mayor Priddle moved to approve an agreement with MAA to provide the City of McAlester's third party administration for their self-insured workers compensation. The motion was seconded by Councilman Garvin. Before the vote, Vice-Mayor Browne asked if the City Attorney had reviewed the contracts to insure that the City was not breaking the law by changing contract. Mr. Ervin commented that the contract had expired June 30, 2010 and was proceeding month to month. He stated that he did have some issues with the MAA contract and he reviewed those items. Mayor Priddle restated the motion to say "approve an agreement with MAA to provide the City of McAlester's third party administration for their self-insured workers compensation pending changes outlined by the City Attorney." There was no further discussion, and the vote was taken as follows: AYE: Councilman Smitherman, Fiedler, Browne, Karr, Garvin & Mayor Priddle NAY: None Mayor Priddle declared the motion carried. Manager Stasiak commented that this was extremely time sensitive and he and the City Attorney would need to work on it tomorrow. Councilman Garvin thanked Ms. Duke for putting this together. Recess Council Meeting Mayor Priddle asked for a motion to recess the Regular Meeting to convene the Authorities. Councilman Smitherman moved to recess the Regular Meeting and convene the Authorities. The motion was seconded by Councilman Fiedler and the vote was taken as follows: AYE: Councilman Fiedler, Browne, Karr, Garvin, Smitherman & Mayor Priddle NAY: None Mayor Priddle declared the motion carried, and the Regular Meeting was recessed at 6:08 P.M. Reconvene Council Meeting The Regular Meeting was reconvened at 6:14 P.M. Vice-Mayor Browne commented that the Pension Board had not met in some time and asked if that could be looked into. Adjournment There being no further business to come before the Council, Councilman Smitherman moved for the meeting to be adjourned, seconded by Councilman Fiedler. There was no discussion, and the vote was taken as follows: A YE: Councilman Browne, Karr, Garvin, Smitherman, Fiedler & Mayor Priddle NAY: None 18

25 Mayor Priddle declared the motion carried, and the meeting was adjourned at 6:14 P.M. ATTEST: Kevin E. Priddle, Mayor Cora Middleton, City Clerk 19

26 CLAIMS FROM JULY 28, 2010 THRU AUGUST 10, 2010

27 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 01 GENERAL FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-A00150 ACME JANITORIAL I I OPERATING SUP JANITORIAL SUPPLIES OPERATING SUP CLEANING SUPPLIES A00170 ADA PAPER CO. I REPAIRS & MAI CLEANING & PAPER PRODUCTS A00200 ADAMS TRUE VALUE I I REPAIRS & MAI Parts for CHEMICALS CHEMICALS FOR POND A00267 AIRGAS I OPERATING SUP OXYGEN A00362 ALLEGIANCE COMMUNICATIO I I I I INTERNET SERV NORTHSIDE FIRE INTERNET SERV COLLEGE AVE INTERNET SERV STIPE CENTER INTERNET SERV DECTECTIVE DIV STATIO A00664 APEX GLOBAL PARTNERS I CONSULTANTS EXCESS WORK COMP CONSULT FEE , A00751 ATWOODS I I I I I I I I I I REPAIRS & MAI MAINTENANCE MATERIALS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS REPAIRS & MAI MISC REPAIR & MAINT ITEMS CLOTHING ALLO BOOTS FOR BEAMS A00776 AVG TECHNOLOGIES USA, I I DUES & SUBSCR ANTI-VIRUS SOFTWARE LIC , B00101 BARCO PRODUCTS INC I REPAIRS & MAI 8 SPEED BUMPS B00486 BRADELY RAY INMAN I CONTRACT LABO UMPIRE FEES B00497 BRANDON BECK I CONTRACT LABO UMPIRE FEES B00650 BWI TEXARKANA, INC. I CHEMICALS INSECTICIDES FOR PARKS

28 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 01 GENERAL FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-C00046 C D W GOVERNMENT, INC I-TKM DUES & SUBSCR SONICWALL MODULE , C00100 CLEET CLEET PAYABLE CLEET FEES COLLECTED , C00320 CENTERPOINT ENERGY ARKL GAS GAS UTILITY UTILITY STIPE CITY CENTER HALL GAS UTILITY LIBRARY GAS GAS UTILITY UTILITY CEMETERY AK HILL CEMETERY GAS UTILITY CLLEGE AVE GAS UTILITY FIRE STATION GAS GAS UTILITY UTILITY MAINT. SHOP GAS BILL-802 E HARRISON C00667 CONTRACTORS SUPPLY CO STREET REPAIR MISC MATERIALS NEEDED STREET REPAIR PAST DUE BALANCE , C00840 CRAWFORD & ASSOCIATES CONSULTANTS CONSULT FEE-FINANCIAL STMTS C00847 CRYSTAL DATA I A I B OPERATING SUP BLK INK CARTRIDGES OPERATING SUP COLOR INK CARTRIDGES OPERATING SUP SHIPPING D00096 DARRELL HEAROD CONTRACT LASO UMPIRE FEES D00402 DIAMOND TROPHY PROMOTIONAL Plaque for FD Grand Open E00266 ERVIN & ERVIN ATTORNEYS CONSULTANTS LEGAL FEES-MONTHLY , F00170 FIRST NATIONAL BANK # # # LEASE PAYMENT LEASE #133 LEASE PAYMENT LEASE # 135 LEASE PAYMENT BRUSH RIG LEASE # , , F00201 FLAMECO FIRE & SAFETY, REPAIRS & MAl REFILL FIRE EXTINGUISHER G00010 G & C RENTAL CENTER, IN SMALL SMALL TOOLS TOOLS CONCRETE FINISHING TOOLS CONCRETE FINISHING TOOLS

29 8/04/ :49 AM PACKET: CLAIMS 8/10/10 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 VENDOR SET: 01 FUND 01 GENERAL FUND VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-G00130 GALL'S, AN ARAMARK CO., CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING CLOTHING ALLO CLOTHING G00260 GEORGE HALIBURTON ABATEMENTS CONTRACT BRUSHHOGGING , H00020 H L'S PAWN SHOP CLOTHING ALLO CLOTHING - RIVERS H00052 HARD SCAPE MATERIALS REPAIRS & MAl PUMP FOR FOUNTAIN AT CH TYLER TECHNOLOGIES 1-171, INCODE SOFTWA MONTHLY NETWORK SUPPORT J00216 JEREMY TODD HOUSE CONTRACT LABO UMPIRE FEES J00326 JIM MIZE CONTRACT LABO UMPIRE FEES J00340 JIM WOOD REFRIGERATION REPLACEMENT 0 TRANE HEAT PUMP UNIT , K00081 KEATON ALEXANDER CONTRACT LABO UMPIRE FEES L00235 LEE'S IRON & METAL REPAIRS & MAl STEEL FOR WATER VALVE COV L00339 LINCOLN EQUIPTMENT, INC I-S REPAIRS & MAl PARTS FOR CHLORINATORS L00380 LOCKE SUPPLY CO REPAIRS & MAl MISC REPAIR & MAl NT ITEMS REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl MISC REPAIR & MAINT ITEMS L00383 LOCKE ELECTRICAL SUPPLY REPAIRS & MAl Open PO for Mise Material

30 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 01 GENERAL FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-L00428 LOWE'S CREDIT SERVICES REPAIRS & MAl MISC REPAIR & MAINT ITEMS I-01019A REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl MISC REPAIR & MAl NT ITEMS REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl SUPPLIES REPAIRS & MAl MISC REPAIR & MAINT ITEMS REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl SUPPLIES REPAIRS & MAl SUPPLIES REPAIRS & MAl MISC REPAIR & MAINT ITEMS REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl MAINTENANCE SUPPLIES I-09951A REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl SUPPLIES REPAIRS & MAl MAINTENANCE SUPPLIES REPAIRS & MAl MISC REPAIR & MAINT ITEMS REPAIRS & MAl MISC REPAIR & MAINT ITEMS M00089 MARK EMMONS PHOTOGRAPHY PROMOTIONAL FD GRAND OPENING PHOTO CH M00460 MITCHAEL D DISTRIBUTING OPERATING SUP CONCESSION SUPPLIES-SBC M00570 MOORE MEDICAL CORP OPERATING SUP MEDICAL SUPPLIES OPERATING SUP MEDICAL SUPPLIES M00589 MOSS CONSTRUCTION ABATEMENTS PRIVATE YARD MOWING CONTR ABATEMENTS PRIVATE YARD MOWING CONTR M00715 MUSKOGEE COMMUNICATIONS OPERATING EXP INSTALL RADIO IN UNIT MC0098 MCAFEE & TAFT CONSULTANTS/L IAFF FOP , CONSULTANTS/L IAFF-RIP CONSULTANTS/L IAFF-MERIT CONSULTANTS/L IAFF-C OF C MC0146 MC ALESTER-PITTS. COUNT PITTSBURG EME EMER MGT YEARLY COMPENSATION , N00250 MCALESTER NEWS CAPITAL ADVERTISING & COUNCIL PUBLICATIONS ADVERTISING & COUNCIL PUBLICATIONS

31 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 01 GENERAL FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-N00343 NORTHERN SAFETY CO INC I-P I-P A I-P A I-P A OPERATING SUP 30 SAFETY VEST FOR STREET OPERATING SUP FIRST AID KITS OPERATING SUP FIRST AID KITS OPERATING SUP FREIGHT O'REILLY AUTO PARTS REPAIR & MAIN Open PO for Parts as need REPAIR & MAIN Open PO for Parts as need OKLA BUREAU OF NARCOTIC OBN PAYABLE ( DRUG EDUCATION FEE JUNE OKLA UNIFORM BUILDING C DUES & SUBSCR MONTHLY BLD PERMIT FEES OIL-OK INDEPENDENT LIVI P-2010/ OIL-OK FOR IN CONTRACT WITH OIL , OML-OK MUNICIPAL LEAGUE EMPLOYEE TRAV 2010 ANNUAL CONF. REGIST OSBI AFIS PAYABLE AAFIS FEES COLLECTED FORENSICS PAY FORENSIC FEES COLLECTED , , P00042 PACIFIC TELEMANAGEMENT TELEPHONE UTI STIPE CENTER PAY P00133 PATROL TECHNOLOGY CLOTHING ALLO UNIFORM ORDERS P00310 PITNEY BOWES INC AUG POSTAGE POSTAGE , P00510 PRO-KIL, INC REPAIRS & MAl PEST CONTROL, MONTHLY P00560 PUBLIC SERVICE/AEP ELECTRIC UTIL E FILMORE ELECTRIC UTIL GENERAL ELECTRIC UTIL ST LIGHTS ELECTRIC UTIL LIBRARY ELECTRIC UTIL W JEFFERSON ELECTRIC UTIL E CARL ALBERT , , , , R00498 PAINTER'S PRIDE REPAIRS & MAl REPAINT RESTROOMS ,985.00

32 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 01 GENERAL FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-R00541 ROY WARD CONTRACT LABO UMPIRE FEES S00726 STAPLES ADVANTAGE OPERATING SUP OFFICE SUPPLIES S00791 STEIDLEY & NEAL, P.L.L CONSULTANTS/L LEGAL FEES - R. GREEN T00058 BIZTEL COMMUNICATIONS REPAIRS & MAl EMER svs for 911 system T00071 TERRY GREEN CONTRACT LABO UMPIRE FEES T00217 ST. PAUL COMPANIES LIABILITY INS LIAB INS EXTENSION C , T00540 TREATS SOLUTIONS INC REPAIRS & MAl JANITORIAL SUPPLIES , W00040 WALMART COMMUNITY BRC OPERATING SUP OPERATING SUPPLIES OPERATING SUP MISC OPERATING ITEMS OPERATING SUP MISC OPERATING ITEMS EMPLOYEE TRAV ED TRAINING EQUIP-CONF RM OPERATING SUP MISC OPERATING ITEMS OPERATING SUP OPERATING SUPPLIES OPERATING SUP OPERATING SUPPLIES OPERATING SUP MISC OPERATING ITEMS EMPLOYEE TRAV ED TRAINING EQUIP-CONF RM OPERATING SUP OPERATING SUPPLIES , W00270 WHITE ELECTRICAL SUPPLY I-S I-S I-S I-S I-S I-S I-S I-S I-S I-S STREET REPAIR ELECTRICAL SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES REPAIRS & MAl REPAIR SUPPLIES OPERATING SUP CAT 5 NETWORK CABLE X00020 XEROX CORP-MAJOR ACCOUN EQUIPMENT REN XEROX LEASE , FUND 01 GENERAL FUND TOTAL: 173,472.00

33 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 02 MPWA REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-A00033 AT&T TELEPHONE UTI MPWA , A00103 ACCURATE LABS & MINING I-OG I-OG13046 I-OG13047 I-OG LAB TESTING MONTHLY TESTING LAB TESTING MONTHLY TESTING LAB TESTING MONTHLY TESTING LAB TESTING MONTHLY TESTING A00362 ALLEGIANCE COMMUNlCATIO INTERNET SERV HEREFORD LANE A00664 APEX GLOBAL PARTNERS CONSULTANTS WXCESS WORK COMP CONSULT FEE , A00751 ATWOODS REPAIRS & MAl CABLE FOR LAKE REPAIRS & MAl CABLE FOR LAKE REPAIRS & MAl PARTS FOR PLANT REPAIRS & MAl PARTS FOR PLANT A00770 AUTO PARTS CO REPAIRS & MAl PARTS FOR REPAIRS REPAIRS & MAl PARTS FOR REPAIRS B00180 BEMAC SUPPLY I-S I-S I-S I-S UTILITY MAINT WATER & SEWER SUPPLIES UTILITY MAINT WATER & SEWER SUPPLIES UTILITY MAINT WATER & SEWER SUPPLIES UTILITY MAINT WATER & SEWER SUPPLIES B00491 BRENNTAG SOUTHWEST I-BSW I-BSW CHEMICALS CHEMICALS 1 TON CYLINDER (S02) 6 TONS CHLORINE , C00840 CRAWFORD & ASSOCIATES CONSULTANTS CONSULT FEES - FINANCIAL STMTS E00238 ENVIRONMENTAL RESOURCE LAB TESTING SAMPLE TESTING , E00265 ERMI ENVIRONMENTAL LABS LAB TESTING MONTHLY TESTING F00038 FED EX OPERATING SUP FEE TO SEND BID PACKET F00039 FEDERAL CORPORATION REPAIRS & MAl PRESSURE TRANSDUCER ,295.58

34 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 02 MPWA REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-F00170 FIRST NATIONAL BANK # LEASE PAYMENT CATERPILLAR & COMPACTOR , F00251 FORT COBB FUEL AUTHORIT GAS UTILITY 1567-HEREFORD LANE G00375 GRAINGER, INC REPAIRS & MAl PRESSURE SWITCH G00490 GRISSOM IMPLEMENT INC REPAIRS & MAl PARTS FOR MOWERS K00210 KIAMICHI ELECTRIC COOP ELECTRIC UTIL HEREFORD LANE L00428 LOWE'S CREDIT SERVICES C-CM REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl OPEN PO SMALL TOOLS, ETC REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl SUPPLIES TO REP BOOSTER UTILITY MAINT SUPPLIES - WATER & SEWER REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl SUPPLIES TO REP BOOSTER UTILITY MAINT SUPPLIES - WATER & SEWER REPAIRS & MAl SUPPLIES TO REP BOOSTER REPAIRS & MAl OPEN PO SMALL TOOLS, ETC REPAIRS & MAl SUPPLIES TO REP BOOSTER M00480 MILLER GLASS REPAIRS & MAl DOORS FOR UTM OFFICE N00197 NCL OF WISCONSIN INC REPAIRS & MAl LAB SUPPLIES N00250 MCALESTER NEWS CAPITAL A OPERATING SUP ADVERTISING NEW HOURS ADVERTISING & OPEN PO FOR PUBLICATIONS OPERATING SUP ADVERTISING NEW HOURS O'REILLY AUTO PARTS REPAIRS & MAl PARTS FOR MOWERS OKLA DEPT OF COMMERCE # CDBG LOAN #89 CDBG - EDIF # , P00560 PUBLIC SERVICE/AEP

35 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 02 MPWA REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-P00560 PUBLIC SERVICE/AEP continued ELECTRIC UTIL MPWA , S00089 SCALE TRON IND REPAIRS & MAl TRANSDUCER FOR CL2 SCALES S00205 SEQUOYAH ENGINEERING, I I-S I-S03S CONSULTANTS CONSULTANTS PRETREATMENT PRETREATMENT PROGRAM PROGRAM , , S00212 SERVICE & EQUIPMENT INT REPAIRS & MAl RENEWAL ON MAINT CONTRACT , S00234 SHARE CORPORATION REPAIRS & MAl WELDING RODS REPAIRS & MAl WASP & HORNET KILLER S00530 SOUTHWEST CHEMICAL SERV CHEMICALS 5 BARRELS CARUSOL , S00580 AT & T TELEPHONE UTI DATA LINE T00141 TEXAS REFINERY CORP REPAIRS & MAl PARAGON 3000 TUBE GREASE T00217 ST. PAUL COMPANIES LIABILITY INS LIAB INS EXTENSION C , U00053 UTILITY SUPPLY UTILITY MAl NT WATER & SEWER REPAIRS UTILITY MAl NT WATER & SEWER REPAIRS UTILITY MAINT WATER & SEWER REPAIRS UTILITY MAINT WATER & SEWER REPAIRS U00070 ULTRA-CHEM, INC REPAIRS & MAl DEGREASER FOR PUMPS U00128 UNITED PACKAGING & SHIP REPAIRS & MAl SHIPPING SAMPLES W00270 WHITE ELECTRICAL SUPPLY I-S I-S REPAIRS & MAl SUPPLIES FOR REPAIRS REPAIRS & MAl SUPPLIES FOR REPAIRS FUND 02 MPWA TOTAL: 94,677.81

36 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 03 AIRPORT AUTHORITY REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-F00170 FIRST NATIONAL BANK # FNB LOAN #119 LOAN # AIRPORT AUTH , FUND 03 AIRPORT AUTHORITY TOTAL: 2,510.00

37 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 05 PARKING AUTHORITY REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-P00560 PUBLIC SERVICE/AEP ELECTRIC UTIL PARKING AUTH FUND 05 PARKING AUTHORITY TOTAL:

38 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 08 NUTRITION REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 VENDOR NAME ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-B00221 BETH COKER I CONTRACT SERV REIMB MILEAGE FOR DELIVERY D00213 DEBBIE COMPTON I CONTRACT SERV CONTRACT MEAL DELIVERY I CONTRACT SERV REIMB MILEAGE FOR DELIVERY E00207 EMMA E. BELLIS I CONTRACT SERV CONTRACT MEAL DELIVERY I CONTRACT SERV REIMB MILEAGE FOR DELIVERY T00217 ST. PAUL COMPANIES I LIABILITY INS LIAB INS EXTENSION C , FUND 08 NUTRITION TOTAL: 1,862.51

39 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 09 LANDFILL RES./SUB-TITLE D PAGE: 13 VENDOR ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-K00005 K-BAR CO CONSTRUCTION I SUB TITLE D E COVER DIRT FOR LANDFILL , S00132 STEARNS, CONRAD & SCRMI I SUB TITLE D E GROUNDWATER MONITORING FUND 09 LANDFILL RES./SUB-TITLE DTOTAL: 6,086.00

40 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 27 TOURISM FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 VENDOR NAME ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-MC0134 MCALESTER MAIN STREET P-2010/ MAIN STREET P CONTRACT WITH MCALESTER MAIN S , P00450 PRIDE IN MCALESTER P MISC PRIDE IN CONTRACT WITH PRIDE IN McALEST , FUND 27 TOURISM FUND TOTAL: 3,150.00

41 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 28 SE EXPO CTR/TOURISM FUND PAGE: 15 VENDOR ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-L00428 LOWE'S CREDIT SERVICES I I I REPAIR & MAIN MISC SUPPLIES REPAIR & MAIN MISC SUPPLIES REPAIR & MAIN MISC SUPPLIES S00009 SADLER PAPER CO C-1149 I I REPAIR & MAIN JANITORIAL SUPPLIES REPAIR & MAIN JANITORIAL SUPPLIES REPAIR & MAIN JANITORIAL SUPPLIES , S00726 STAPLES ADVANTAGE I T00217 ST. PAUL COMPANIES I U00100 UNIFIRST HOLDINGS, L.P. I OPERATING SUP OFFICE SUPPLIES LIABILITY INS LIAB INS EXTENSION C REPAIR & MAIN JANITORIAL SUPPLIES , FUND 28 SE EXPO CTR/TOURISM FUND TOTAL: 3,581.22

42 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 29 E-911 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 VENDOR NAME ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-A00033 AT&T I I CAPITAL OUTLA EQUIP LEASE TELEPHONE UTI WIRELESS , A00581 AT&T I TELEPHONE UTI HOST CIRCUIT T00217 ST. PAUL COMPANIES I LIABILITY INS LIAB INS EXTENSION C FUND 29 E-911 TOTAL: 4,100.95

43 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 30 ECONOMIC DEVELOPMENT PAGE: 17 VENDOR ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-M00270 MPOWER ECONOMIC DEVELOP I P MC ECONOMIC D MPOWER ECONOMIC DEV , MC0134 MCALESTER MAIN STREET I P-2010/ MAIN STREET P CONTRACT WITH MCALESTER MAIN S , OKLA DEPT OF COMMERCE I # CDBG / EDIF D CDBG - EDIF CONT # P00450 PRIDE IN MCALESTER I P MISC PRIDE IN CONTRACT WITH PRIDE IN McALEST , FUND 30 ECONOMIC DEVELOPMENT TOTAL: 18,821.91

44 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 32 GIFTS & CONTRIBUTIONS PAGE: 18 VENDOR ITEM II G/L ACCOUNT NAME DESCRIPTION CHECKII AMOUNT 01-P00100 PARKER CONCRETE CONSTRU I CAPITAL OUTLA POUR CONCRETE PADS , S00941 SUNPORTS I IN CAPITAL OUTLA SHADE SYSTEM - SKATE PARK , FUND 32 GIFTS & CONTRIBUTIONS TOTAL: 3,550.00

45 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 35 FLEET MAINTENANCE VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-A00751 ATWooDS REPAIRS & MAl SMALL PARTS REPAIRS & MAl SMALL PARTS REPAIRS & MAl SMALL PARTS A00770 AUTO PARTS CO REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS REPAIRS & MAl SMALL AUTO PARTS B00043 B & S SUPPLY, INC REPAIRS & MAl NUTS, BOLTS, SCREWS NEEDE B00150 BEALES GOODYEAR TIRES I-MC REPAIRS & MAl TIRES FOR CITY VEHICLES I-MC REPAIRS & MAl TIRES FOR CITY VEHICLES F00037 FASTENAL I-OKMCA REPAIRS & MAl FLOOR DRY FOR SHOP G00490 GRISSOM IMPLEMENT INC REPAIRS & MAl TIRE & IDLER - EAST PLANT

46 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 35 FLEET MAINTENANCE REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 VENDOR ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 01-K00190 KEYSTONE EQUIPMENT CO REPAIRS & MAl STARTER FOR AP N00343 NORTHERN SAFETY CO INC I-P A OPERATING SUP FIRST AID KITS R00090 RAM INC PETROLEUM PRO NO LEAD GAS FOR SHOP , S00234 SHARE CORPORATION SMALL TOOLS DRILL BITS S00710 STANDARD MACHINE LLC REPAIRS & MAl CHAIN SPROCKET REPAIRS & MAl STAIRS FOR OIL TRUCK S S00871 STEWART MARTIN EQUIPMEN REPAIRS & MAl Auto Parts W00072 WARREN CAT I-PS I-PS REPAIRS & MAl DOZER PARTS REPAIRS & MAl DOZER PARTS FUND 35 FLEET MAINTENANCE TOTAL: 12,587.12

47 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 36 WORKER'S COMPENSATION VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# PAGE: 21 AMOUNT 01-UOO130 UNITED SAFETY & CLAIMS MEDICAL SERVI WC MEDICAL EXPENSES SETTLEMENTS WC MEDICAL EXPENSES ADMINISTRATIO AUGUST SERVICE FEE , , FUND 36 WORKER'S COMPENSATION TOTAL: 9,178.07

48 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 38 DEDICATED SALES TAX-MPWA VENDOR NAME ITEM II G/L ACCOUNT NAME PAGE: 22 DESCRIPTION CHECKII AMOUNT 01-B00417 BOND LOGISTIX LLC I AGENT FEES PREP OF INTERIM ARBITRAGE RPT , FUND 38 DEDICATED SALES TAX-MPWA TOTAL: 1,500.00

49 8/04/ :49 AM PACKET: CLAIMS 8/10/10 VENDOR SET: 01 FUND 41 CIP FUND REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 VENDOR NAME ITEM G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT 01-J00338 JOB CONSTRUCTION CO INC I I I I I WICHITA WATER ASPHALT FOR WICHITA WICHITA WATER ASPHALT FOR WICHITA WICHITA WATER ASPHALT FOR WICHITA WICHITA WATER ASPHALT FOR WICHITA WICHITA WATER ASPHALT FOR WICHITA , , , N00347 MEHLBURGER BRAWLEY, INC I-MC HWY 69 UTILIT US HWY 69 UTILITY RELOCAT , FUND 41 CIP FUND TOTAL: 21, REPORT GRAND TOTAL: 356,465.07

50 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: ** G/L ACCOUNT TOTALS ** YEAR ACCOUNT NAME AMOUNT ====LlNE ANNUAL BUDGET ltel'1'i==== BUDGET OVER AVAILABLE BUDG ==GROUP BUDGET ANNUAL BUDGET OVER BUDGET AVAILABLE BUDG CLEET PAYABLE (COURT) 8, AFIS PAYABLE - COURT 4, FORENSICS PAYABLE (COURT) 4, OBN PAYABLE (COURT) OPERATING SUPPLIES EQUIPMENT RENTALS 1, ELECTRIC UTILITY 31, GAS UTILITY CLOTHING ALLOWANCE 1, REPLACEMENT OF AC STIPE/CI 13, ELECTRIC UTILITY 41, GAS UTILITY REPAIRS & MAINTENANCE ELECTRIC UTILITY SUB TITLE D EXPENSE , ,000 2, ,660 56, , , ,851 9, , , ,297 4, , ,900 1, ,928 23, ** YEAR TOTALS ** 109, PITTSBURG EMERGENCY MGMT 42, OIL-OK FOR INDEPENDENT LIV 1, CONSULTANTS/LABOR RELATION 2, EMPLOYEE TRAVEL & TRAININ 1, ADVERTISING & PRINTING CONSULTANTS 2, CONSULTANTS 2, TELEPHONE UTILITY POSTAGE 2, LIABILITY INSURANCE/BONDS 18, OPERATING SUPPLIES DUES & SUBSCRIPTIONS 3, INCODE SOFTWARE MAINTENANC OPERATING EXPENSE INTERNET SERVICE OPERATING SUPPLIES LEASE PAYMENTS 5, OPERATING SUPPLIES 1, REPAIRS & MAINT SUPPLIES CLOTHING ALLOWANCE REPAIRS & MAINTENANCE INTERNET SERVICE PROMOTIONAL LEASE PAYMENTS 1, OPERATING SUPPLIES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES , ,160 18, ,000 3, Y 4,000 2, ,000 7, ,000 92, ,000 17, ,000 61, ,000 7, , , ,000 2, ,450 1, ,090 9, ,500 3, ,500 4, ,500 14, ,220 51, ,000 11, ,000 8, ,000 14, ,400 8, ,400 10, , ,024 50, ,000 7, ,000 3, ,600 28,977.73

51 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 25 ** G/L ACCOUNT TOTALS ** LINE ITEH --GROUP BUDGET ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG REPAIRS & MAINT SUPPLIES 2, ,000 18, CHEMICALS ,100 18, REPAIRS & MAINTENANCE 1, ,000 15, INTERNET SERVICE ,000 17, LEASE PAYMENTS ,748 4, REPAIRS & MAINT SUPPLIES ,000 9, OPERATING SUPPLIES ,000 7, REPAIRS & MAINTENANCE SUPP ,000 1, CONTRACT LABOR 2, ,500 14, REPAIRS & MAINT SUPPLIES ,000 8, CHEMICALS , REPAIRS & MAINTENANCE SUPP 2, ,000 42, REPAIRS & MAINTENANCE ,000 12, ABATEMENTS 1, ,000 6, DUES & SUBSCRIPTIONS ,500 1, OPERATING SUPPLIES ,000 2, SMALL TOOLS , STREET REPAIRS s MAINTENAN 3, , , CONSULTANTS 2, ,000 17, TELEPHONE UTILITY 2, ,000 41, LIABILITY INSURANCE/BONDS 4, ,000 98, CDBG LOAN , ,750 11, OPERATING SUPPLIES ,500 3, REPAIRS & MAINT SUPPLIES ,000 1, LEASE PAYMENTS 8, ,293 85, OPERATING SUPPLIES ,000 3, REPAIRS & MAINT SUPPLIES 2, ,500 48, CHEMICALS ,500 5, CONSULTANTS lind. PRETREAT 13, ,500 5, LAB TESTING 1, ,300 23, REPAIRS & MAINTENANCE ,500 43, REPAIRS & MAINT SUPPLIES 5, ,000 23, CHEMICALS 6, , , LAB TESTING ,000 30, ADVERTISING & PRINTING ,000 1, UTILITY MAINTENANCE SUPP. 1, ,500 24, INTERNET SERVICE ,500 32, FNB LOAN PAYMENTS 2, ,120 25, CONTRACT SERVICES ,000 15, LIABILITY INSURANCE/BONDS 1, ,000 15, SUB TITLE D EXPENSE 6, , , MISC PRIDE IN MCALESTER 2, ,200 23, MAIN STREET PROGRAM 1, ,600 11, OPERATING SUPPLIES ,500 7, REPAIR & MAINT SUPPLIES 2, ,000 10,709.69

52 8/04/ :49 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 ** G/L ACCOUNT TOTALS ** LINE ITElI --=GROUP BUDGET ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG LIABILITY INSURANCE/BONDS 1, ,460 20, TELEPHONE UTILITY 1, ,000 98, LIABILITY INSURANCE/BONDS ,509 5, CAPITAL OUTLAY 2, ,000 92, MISC PRIDE IN MCALESTER 2, ,200 23, MAIN STREET PROGRAM 1, ,600 11, MC ECONOMIC DEVELOPMENT 15, , , CDBG / EDIF DURALINE LOAN ,390 2, CAPITAL OUTLAY - PARKS 3, ,390 3, OPERATING SUPPLIES ,000 2, REPAIRS & MAINTENANCE SUPP 6, , , SMALL TOOLS ,250 5, PETROLEUM PRODUCTS 5, ,600 18, MEDICAL SERVICES 7, , , ADMINISTRATION FEES 1, ,000 4, SETTLEMENTS , , AGENT FEES 1, ,000 13, HWY 69 UTILITY RELOCATE 16, ,000 15, WICHITA WATER MAIN PROJECT 4, ,000 14, ** YEAR TOTALS ** 247, NO ERRORS ** END OF REPORT **

53 8/04/ :46 AM PACKET: CLAIMS 8/10/10 A / P CHECK REGISTER PAGE: 14 VENDOR SET: 01 BANK FNB FIRST NATIONAL BANK VENDOR NAME / 1. D. DESC CHECK TYPE CHECK DATE DISCOUNT AMOUNT CHECK NO# CHECK AMOUNT POSTING PERIOD RECAP ** FUND PERIOD AMOUNT /2010 8/2010 7/2010 8/2010 8/2010 7/2010 8/2010 8/2010 8/2010 8/2010 7/2010 8/2010 8/2010 8/2010 8/2010 8/2010 8/2010 8/ , CR 123,530.33CR 43,923.57CR SO,7S4.24CR 2,S10.00CR CR 1,862.51CR 6,086.00CR 3,150.00CR 3,581.22CR 3,661.10CR CR 18, CR 3,550.00CR 12,587.12CR 9,178.07CR 1,500.00CR 21,270.51CR ALL 356,465.07CR

54 19 West Coleman McAlester, Oklahoma July 27,2010 McAlester City Council t" and Washington McAlester, Oklahoma RE: MAKE A DIFFERENCE DAY SATURDAY, OCTOBER 23, 2010 Gentlemen: We are preparing for the annual Make a Difference Day event. Make a Difference Day is a national volunteer day. It is set for Saturday, October 23,2010. Our minor home repair project is designed to help single working ladies, retired individuals, senior citizens and disabled residents. Volunteers from other projects will be working on their programs too. Could you please place our request on your next agenda to have Make a Difference Day designated as a community event. We appreciate your past support. The response we have received from committed volunteers and generous local merchants have made this hometown project a big success. The confidence our residents (applicants) have in us means so much. Thank you for all you do to make a difference in the City of McAlester. Sincerely, JJ1~~ ~au~een Harrison Coordinator - Minor Home Repair Project MAKE A DIFFERENCE DAY 918/ Attachment - news article/2005

55 '.'.:: "'c....",i,.y..<i:~> '..r.,..:('. ~"',>'!<if:'f; :i.;;!'0j t~),;!'~rw"ii:zi:,%~t~; )?' Mal{reen'. lrison; third frorhleft,.accepts a bigcheckfroniusaweekeridtf6r....'.'. '.'. ference,,!s'a'f'2004pr.ojed'whkh.'received $10,000 for.'ldcal'brganiza'tiohs;;:ai~q;~~dwriipifr~' left;birrperich'swei.le'r;knightsofcol~mbus; volunteerseafd6'9g"'e'ft5f;fbarb'a'd~{'.'. '.'.JayG iibedsbri;ten;;sa' Atkers6~;, representi ngtnemcalester',fjews~,capifcf/;im:fstiis~~w'.:'cbnr6y;cvorunt~ersariclphilip'stizza,kfli 9hts' bfcb s,jl:ii~tflb'llit~' "the~':'ig8ts;'lj,..... "'%iii:,;/,i1."~'~";.~\ti,;:~""~;;,,, l'!'1l'.,.,c.".~,, ;r:,1 " e org~illza ions'melli,'i'!;:: f"jhe MereY,.Clinic;. Shared ' i- /(,Blessings; Parerits, Club' Iii.d\- :. ;)and:)the,:-food;pantry, at All. $afu.tsepiseopalc'hurch:'"i,;;.,.\~'i'he.minor homet:epajr ri,pf&jecf ;',started \three ".years;.~ ago;'when\,:harrison read'" Ie-aboutMake ADifferenceDay.:.: i:~in-themcaksternews:-capi~j',.: ::~tai."i rem.fue,artide aridj,, ;.;tel~;ilke' the 'L6rd,tojlbp~ed'mY, -.eart;'~:;har,risdn ;.~(lid)~,m;:,;a. revi8u!-,intervi J;.~':?,:t,;;f~le'; ~~~l!$_l!iii';j ;\v~"woilldn'bha've~gotteli.this!,/iiward otherwtse," '.'. ';'Hartisoh/'credit~'her com: :.:." r,:_,. _,,';,._.~_'. _,.,'_' :,. _i 'rtlittee '.Jor 'its dedication., :~:'~TlieWtel8/grOUP 'who just! wanted to help fellowresi \.'dehts in Mcalester" " And she isn't done yetwith, ~lping",in',the_"eonunu:hity.,< A... 'ie~coffimittee:,'js";'alfeady;t(\ 'Eifili'g up.fdt>m~e{'a1differ-;;,:':',. "ce~day:~2005;\v61uiiteer are-~... ': ':, :~~ilt(i

56 McAlester News-Capital Help celebrate extraordinary deec performed by ordinary people c America's largest day of doing qoo- 7,2005 nd.com In McAlester, Okla tool-toting including volunte Maur Harrison, left, Ste Northern and Cor Smitherman, rallie, repair the home needy neighb

57 Page 1 of 1 Cora Middleton From: Sent: To: William Ervin [ervinlaw@sbcglobal.net] Thursday, August 05, :31 AM Cora Middleton Subject: Division Order XTO Blevins 1-25 Cora: I checked with XTO who attributes 5.0 net mineral acres to the City in this well. The drilling unit has 640a in it. Our royalty interest is 3/16 or 18.75%. You calculate the decimal interest attributed to the City by XTO by dividing the Net mineral acres (5.0) by the unit acres (640a) to get a decimal. Then you multiply that decimal by the royalty interest expressed as a decimal (.1875) to arrive at the DO decimal It all checks out and the Mayor should sign the DO after its approval on the consent agenda by the Council. Then, return the signed DO to XTO. Questions? Call. Bill William J. Ervin Sr. Ervin & Ervin Attorneys at Law P.O. Box 1449 McAlester, OK Tel: Fax: ervini9w@~bcglobal. net 08/05/2010

58 ;[tcl 810 Houston Street Fort Worth, Texas July 26, 2010 Re: New Division Order XlO Well #107255, Blevins 1-25 Pittsburg County, Oklahoma Dear Interest Owners: Enclosed are two (2) copies of XTO's Division Order (DO) for the captioned well. TIlisDO shows your interest and the address we have on file for you. TIlisDO isnot a contract, and does not alteryour lease or any other rightsyou have. The DO issimply confirmation that the well has reached producing status and confirmsyour decimal interest in revenues This DO is also a way for you to provide XTO your preferred mailing address for revenue payments and your social security number for 1099s. Hease note that one copy of the DO is for you to sign and retum (ree the enclosed instruction sheet for any questions about signing), and one copy isfor you to keep for your records. Along with the DO and instruction sheet, we have included a brochure with information about xros Interest Owner Relations Online System, a form with insructionsfor reading XTO's revenue check detail, and a Direct Deposit Authorization Form. If you have any questions, please call XTO's Interest Owner Relations at , option 6. Yours truly, XlO ENER3Y INC. Wayne Webb Sr. Division Order Analyst ww/lre enclosures t.~ ~

59 INSTRUCTIONS FOR EXECUTION OF TRANSFERIDIVISION ORDERS READ CAREFULLY BEFORE SIGNING THE INSTRUMENT The Transfer/Division Order should not be altered in any way unless accompanied by documentary evidence to support the change(s). Please do not detach any exhibits or pages from the Transfer/Division Order. Examine for correct spelling and net revenue interest. If your name and interest are correctly shown: 1. Sign your name exactly as shown. If your name has changed, please alter the Transfer/Division Order and attach the pertinent change of name document, i.e., marriage certificate, divorce decree, etc. 2. Corporate execution requires the signature of an officer of the corporation with the officer's title reflected. 3. Partnership execution requires the signature of a duly authorized party, i.e., general partner, managing partner, etc. Evidence of signatory parties' authority to execute must be furnished. 4. If signed by an agent, attorney-in-fact, or anyone other than the title owner, evidence of authority must be provided, i.e. power of attorney documents, guardianship documents, etc. 5. For joint tenants, both parties must sign. For life estates, the life tenant and all remaindermen must sign. 6. Reflect your correct social security or tax identification number (T.I.N.) where indicated. If already shown, check for correctness. 7. Check your mailing address shown and indicate any corrections. 8. Sign both copies of the Transfer or Division Order. Return one to this office, retaining the other for your records. Return one copy to my attention: XTO Energy Inc. 810 Houston Street Fort Worth, Texas If you have any questions, please call XTO's Interest Owner Relations at IMPORTANT: Failure to furnish your Social Security/Tax Identification Number will result in 28 percent (28%) withholding tax in accordance with Federal Law, and any tax withheld will not be refundable by Payor. r;:~ a

60 NADOA Model Form Division Order (Adopted 9/95) DIVISION ORDER TO: XTO Energy, Inc. 810 Houston Street Fort Worth, TX Property Number: Date: July 26, 2010 Analyst Initials: WWllre Effective Date: Date of First Sales Property Name: Blevins 1-25 Operator: XTO Energy, Inc. County & State: Pittsburg County, OK Property Description: SECTION 25 TOWNSHIP 6 NORTH RANGE 14 EAST 640 ACRES Production: Oil x Gas Other Owner Name & Address: CITY OF MCALESTER POBOX 578 MCALESTER, OK Owner Number: Type of Interest: Decimal Interest: ROYALTY The undersigned certifies the ownership of their decimal interest in production or proceeds as described above payable by XTO Energy Inc. (Payor). Payor shall be notified, in writing, of any change in ownership, decimal interest, or payment address. effective the first day of the month following receipt of such notice. All such changes shall be Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Payor any amount attributable to an interest to which the undersigned is not entitled. Payor may accrue proceeds until the total amount equals $100.00, or pay annually whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the purchase of oil and gas. In addition to the terms and conditions of this Division Order, the undersigned and Payor may have certain statutory rights under the laws of the state in which the property is located. Owner(s) Signature(s): Owner(s) Tax 1D or SS Number(s): Owner Daytime Telephone #: Owner FAX Telephone #: Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in 28% tax withholding and will not be refundable by Payor. ********KEEP THIS COpy FOR YOUR FILES******** ~ ~

61 NADOA Model Form Division Order (Adopted 9/95) DIVISION ORDER TO: XTO Energy, Inc. 8! 0 Houston Street Fort Worth, TX Property Number: Date: July 26, 2010 Analyst Initials: WW/lre Effective Date: Date of First Sales Property Name: Blevins 1-25 Operator: XTO Energy, Inc. County & State: Pittsburg County, OK Property Description: SECTION 25 TOWNSHIP 6 NORTH RANGE 14 EAST 640 ACRES Production: Oil x Gas Other Owner Name & Address: CITY OF MCALESTER POBOX 578 MCALESTER, OK Owner Number: Type of Interest: Decimal Interest: ROYALTY The undersigned certifies the ownership of their decimal interest in production or proceeds as described above payable by XTO Energy Inc. (Payor). Payor shall be notified, in writing, of any change in ownership, decimal interest, or payment address. effective the first day of the month following receipt of such notice. All such changes shall be Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Payor any amount attributable to an interest to which the undersigned is not entitled. Payor may accrue proceeds until the total amount equals $100.00, or pay annually whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned contracts for the purchase of oil and gas. and the lessee or operator or any other In addition to the terms and conditions of this Division Order, the undersigned laws of the state in which the property is located. and Payor may have certain statutory rights under the Owner(s) Signature(s): Owner(s) Tax ID or SS Number(s): Owner Daytime Telephone #: Owner FAX Telephone #: Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in 28% tax withholding and will not be refundable by Payor. ********SIGN AND RETURN THIS COpy TO XTO******** II : I. "

62 Form W 9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax retum) N g> a. Business name, if different from above c: 0 Check appropriate box: D Individual/Sole proprietor D Corporation D Partnership 0.5 D Exempt CD III ~:o: D Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ~ '- () 02 D Other (see instructions) ~ c III.- C '-- D.() :;:: Address (number, street, and apt. or suite no.) Requester's name and address (optional) 'u City, state, and ZIP code CD a. en ld ld en am. List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN).However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN).If you do not have a number, see How to get a TIN on page 3. payee Social security number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to_--::-_.,--_-:-- enter..l..-_-'-.l... Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer SUbjectto backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA),and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person ~ Date ~ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup Withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under tne laws or the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: The U.S. owner of a disregarded entity and not the entity, Cat. No X Form W-9 (Rev ) or

63 McAlester City Council AGENDA REPORT Meeting Date: August 10,2010 Item Number: 1 Planning & Community Department: Development Prepared By: Date Prepared: Peter Stasiak Account Code: August 3,2010 Budgeted Exhibits: Amount: N/A N/A (4) See Below Subject Consider and act upon a change in zoning from A-I (Agricultural District) to C-5 (Highway Commercial) for the construction of the Oak Tree Inn. Recommendation Motion to approve and act upon changing the existing zoning A-I (Agricultural Commercial) and authorizing the Mayor to sign the attached Ordinance. District) to C-5 (Highway Discussion The applicant is requesting the zoning change from A-I (Agricultural District) to C-5 (Highway Commercial) to construct a sixty (60) unit hotel. The hotel will be constructed on approximately 53,720 sq. ft. ofland located behind Lowe's off Highway 69 Bypass. The McAlester Planning and Zoning Commission met on July 20,2010 and voted unanimously to recommend approval of the re-zone. The following documents are attached for your reference: 1. Site Location 2. Ordinance 3. Planning and Zoning Staff Report 4. Planning and Zoning minutes During the discussion, a citizen expressed concern as to the street that will service this hotel. Public Director, John Modzelewski will be working on recommendations for site visibility, traffic control and stripping of the roadway. Approved By Initial Date Department Head City Manager P. Stasiak August 3,2010 Page 1 of2

64 " " rd-l-~=======------==~& ~ If--VN=I ~ ~ " " ~ ~ ~~ LOT 87 ADDITION NO. 5 "'""'''''',,, ' ~ )) ~ II!L~ ~\ )) LOT 92.~; j ((. -.~.~ )/ LOT 93~ ~:-.'... ~ (( /d/ ~ L ATION LOT 94 LOT 1 -o- 'tr- " LOT 3 SCALE: 1" = 300 ' Prepared By: City of McAlester Engineering Department

65 LOT 70 LOT 71 LOT 72 TOWNSIT AD I LOT 85 LOT 54 LOT 95 LOT 96

66 o R DIN A N C E NO. AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE AND ACCOMPANYING MAP THERETO KNOWN AS GENERAL ZONING ORDINANCE NO (1989), BY CHANGING THE CLASSIFICATIONS OF THE ZONING DISTRICT FOR:A TRACT OF LAND IN LOT 93, TOWNSITE ADDITION NO. 5, PITTSBURG COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 93; THENCE N 88 39'48" E. ALONG THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 00 56'44" E AND PARALLEL WITH THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 88 39'48" W AND PARALLEL WITH THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF SAID LOT 93; THENCE N 00 56'44" W ALONG THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET TO THE POINT OF BEGINNING, FROM A-I (AGRICULTURAL DISTRICT) TO C- 5 (HIGHWAY COMMERCIAL). ************************************************************** BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McALESTER, OKLAHOMA, that: SECTION 1. GENERAL ORDINANCE NO. 1843, of the year 1989, and accompanying map thereto, as amended, is hereby further amended insofar as the same relates to certain parcels of land described as follows: A TRACT OF LAND IN LOT 93, TOWNSITE ADDITION NO.5, PITTSBURG COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 93; THENCE N 88 39'48" E. ALONG THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 00 56'44" E AND PARALLEL WITH THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET; THENCE S 88 39'48" W AND PARALLEL WITH THE NORTH LINE OF SAID LOT 93 A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF SAID LOT 93; THENCE N 00 56'44" W ALONG THE WEST LINE OF SAID LOT 93 A DISTANCE OF FEET TO THE POINT OF BEGINNING SECTION 2. PUBLICATION AND EFFECTIVE DATE The zoning change adopted by this ordinance shall be published within 15 days of approval in a newspaper of general circulation in McAlester, Oklahoma and the change shall become effecti ve 30 days after approval by the City Council as required by Oklahoma General Statutes. APPROVED this dayof, CITY OF McALESTER, OKLAHOMA A Municipal Corporation (SEAL) By Kevin E. Priddle, Mayor

67 ATTEST: Cora Middleton, City Clerk Approved as to form and legality this, day of By William J. Ervin, Jr. City Attorney

68 STAFF REPORT REZONING TO: McAlester Planning Commission DATE: July 12, 2010 CASE #: P.C. 384 PREPARED BY: Planning Department GENERAL INFORMATION APPLICANT(S): Lodging Enterprises LLC. (Roy Riggs) STATUS OF APPUCANT(S): Owner Legal: A tract of land in Lot 93, Townsite Addition No.5, Pittsburg County, State of Oklahoma Location: 2200 E. South SIZE: 53,720.76' REQUESTED ACTION: REQUEST TO REZONE From: A-1 (Agricultural District) To: C-5(Highway Commercial) SURROUNDING LAND USE AND ZONING: East - A-1 (Agricultural District) West - C-5(Highway Commercial) South- A-1 (Agricultural District) North- C-5(Highway Commercial) ZONING AND USE HISTORY The vacant parcel is undisturbed, undeveloped property. This area is being developed for commercial use adjacent to Highway 69. w _ STAFF RECOMMENDATION: Staff recommends approval to re-zone the property to C-5. NOTIFICATION NUMBER OF PROPERTY OWNERS WITHIN 300' NOTIFIED: 2 NUMBER OF NOTIFICATION RECEIPTS RECEIVED:2 NUMBER OF LETIERS RETURNED UNCLAIMED:O NUMBER OF LETIERS STATUS UNKNOWN: 0 1. Map of Request 2. Site Location Map ATTACHMENTS

69 McAlester Planning Commission Minutes July 20, 2010 City Council Chambers 7:30p.m. Item 1 Call to Order and Roll Call Chairman Emmons called the meeting to order at 7:30 p.m. Roll call was taken and a quorum was not represented. Commissioners Present: 8 Mark Emmons Susan Kanard J. Michael Matkin Steve Otis Harvey Bolinger Robert Way Primus Moore Denise Lewis Karl Scifres Commissioners Absent: 3 John McNally Karen Stobaugh Item 2 Approval of Minutes from May 24, 2010 A motion was made by Robert Way to approve minutes as written was seconded by Susan Kanard. The vote was.7-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way. NAY: 0 Primus Moore and Karl Scifres were not present at the time the vote was taken. Motion Carried GENERAL BUSINESS: Item 3 Discussion and action on P.C. #383 Request to Rezone- Lot 7 & W ~ of Lot 6 in Block 324 from Rl-B to C-2. Acting City ManagerlPlanning and Community Director, Peter J. Stasiak gave the staff report and stated that the applicants were Barbara and Douglas Smitherman. He also stated that the requested zoning of C-2 would be a continuance of an existing C-2 zoning and would be compatible with the area. Barbara Smitherman spoke in favor for this application stating that she wants to put a small candle shop at this location. There was no one to speak in opposition. A motion made by Primus Moore was seconded by Robert Way to approve the application as presented 1

70 The vote was 9-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way, Scifres, Moore. NAY: None Motion carried. Item 4 Discussion and Action on PC#384-Requestto Rezone- A tract of land in Lot 93, Townsite Addition No.5, from A-I to C-5. City Manager/Planning and Community Director, Peter J. Stasiak gave the staff report and stated that Staff recommends approval of this rezoning. He also stated that this is a vacant parcel that is undisturbed and undeveloped property. He stated that the property is to be developed for commercial use adjacent to Highway 69. Roy Riggs spoke in favor of the application. He stated that he has a 165 day building schedule. He also stated that he would like to add a stop sign next to the Western Wear store to slow down traffic coming and going from the construction site. There was no one to speak in opposition. A motion made by Harvey Bolinger was seconded by Karl Scifres to approve the application as presented. The vote was 9-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way, Scifres, Moore. NAY: None Motion carried. Item 5 Staff Report There was no Staff Report Item 6 Commission Report There was no Commission Report Item 7 Adjournment There being no further business, Chairman Mark Emmons adjourned the meeting at 7:55 pm. 2

71 McAlester City Council AGENDA REPORT Meeting Date: August 10,2010 Item Number: 2 Planning & Community Department: Development Prepared By: Date Prepared: Peter Stasiak Account Code: August 3, 2010 Budgeted Exhibits: Amount: N/A N/A (5) See Below Subject Consider and act upon a change in zoning from Rl-B (Single Family Residential) Convenience Commercial). to C-2 (Neighborhood Recommendation Motion to approve and act upon changing the existing zoning Rl-B (Single Family Residential) to C-2 (Neighborhood Convenience Commercial) and authorizing the Mayor to sign the attached Ordinance. Discussion The applicant is requesting the zoning change from Rl-B (Single Family Residential) to C-2 (Neighborhood Convenience Commercial) to locate a business. The business will be constructed on ~ of lot 6 and all of lot 7 in block 324 of the City of McAlester. The McAlester Planning and Zoning Commission met on July 20,2010 and voted unanimously to recommend approval of the re-zone. The following documents are attached for your reference: 1. Site location and adjacent zoning map 2. Ordinance 3. Planning and Zoning Staff Report 4. Planning and Zoning minutes 5. Opposition letter Approved By Initial Date Department Head City Manager P. Stasiak August 3, 2010 Page 1 of2

72 D Dar---- SCALE: 1" = 200' Prepered By: City of McAlester Engineering Department

73 1 tr L t-: o < ' (;]

74 o R DIN A N C E NO. AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE AND ACCOMPANYING MAP THERETO KNOWN AS GENERAL ZONING ORDINANCE NO (1989), BY CHANGING THE CLASSIFICATIONS OF THE ZONING DISTRICT FOR: Lot 7 & W ~ OF LOT 6 IN BLOCK 324, SOUTH MCALESTER, PITTSBURG COUNTY, STATE OF OKLAHOMA FROM Rl- B(SINGLE-FAMILY RESIDENTIAL) TO C-2(NEIGHBORHOOD CONVENIENCE COMMERCIAL). ************************************************************** BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McALESTER, OKLAHOMA, that: SECTION 1. GENERAL ORDINANCE NO. 1843, of the year 1989, and accompanying map thereto, as amended, is hereby further amended insofar as the same relates to certain parcels of land described as follows: Lot 7 & W ~ of Lot 6 in Block 324, South McAlester, Pittsburg County, State of Oklahoma. SECTION 2. PUBLICATION AND EFFECTIVE DATE The zoning change adopted by this ordinance shall be published within 15 days of approval in a newspaper of general circulation in McAlester, Oklahoma and the change shall become effecti ve 30 days after approval by the City Council as required by Oklahoma General Statutes. APPROVED this dayof, CITY OF McALESTER, OKLAHOMA A Municipal Corporation (SEAL) ATTEST: By Kevin E. Priddle, Mayor Cora Middleton, City Clerk Approved as to form and legality this,2010. day of By William J. Ervin, Jr. City Attorney

75 STAFF REPORT REZONING TO: McAlester Planning Commission DATE: July 12, 2010 CASE #: P.C. 383 PREPARED BY: Planning Department APPLICANT(S): GENERAL INFORMATION Barbara and Douglas Smitherman STATUS OF APPLICANT(S): Owner legal ~ Lot 7 & W ~ of Lot 6 in Block 324, South McAlester, Pittsburg County, State of Oklahoma. location: 800 E. Washington SIZE: 19,760' REQUESTED ACTION: REQUEST TO REZONE From: R1-B(Single Family Residential) To: C-2(Neighborhood Commercial) SURROUNDING LAND USE AND ZONING: East - R-1 B(Singie-Family Residential) West - C-1 (Office Commercial) South- C-2(Neighborhood Convenience District) North- R 1-B(Single-Family Residential) ZONING AND USE HISTORY This property is currently zoned R 1-B ~ _._ ~ ANALYSIS The request for C-2 zoning is compatible to the surrounding zonings of C-1, C-2 & C-3. be a continuance of C-2 zoning abutting to the south _ ~ Staff recommends STAFF RECOMMENDATION: approval of C-2 zoning for this property , NOTIFICATION NUMBER OF PROPERTY OWNERS WITHIN 300' NOTIFIED: 24 NUMBER OF NOTIFICATION RECEIPTS RECEIVED: 16 NUMBER OF LETTERS RETURNED UNCLAIMED:2 NUMBER OF LETTERS STATUS UNKNOWN: , _ ATTACHMENTS 1. Map of Request 2. Site Location Map It will

76 McAlester Planning Commission Minutes July 20, 2010 City Council Chambers 7:30p.m. Item 1 Call to Order and Roll Call Chairman Emmons called the meeting to order at 7:30 p.m. Roll call was taken and a quorum was not represented. Commissioners Present: 8 Mark Emmons Susan Kanard 1. Michael Matkin Steve Otis Harvey Bolinger Robert Way Primus Moore Denise Lewis Karl Scifres Commissioners Absent: 3 John McNally Karen Stobaugh Item 2 Approval of Minutes from May 24,2010 A motion was made by Robert Way to approve minutes as written was seconded by Susan Kanard. The vote was.7-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way. NAY: 0 Primus Moore and Karl Scifres were not present at the time the vote was taken. Motion Carried GENERAL BUSINESS: Item 3 Discussion and action on P.e. #383 Request to Rezone- Lot 7 & W ~ of Lot 6 in Block 324 from RI-B to C-2. Acting City Manager/Planning and Community Director, Peter 1. Stasiak gave the staff report and stated that the applicants were Barbara and Douglas Smitherman. He also stated that the requested zoning of C-2 would be a continuance of an existing C-2 zoning and would be compatible with the area. Barbara Smitherman spoke in favor for this application stating that she wants to put a small candle shop at this location. There was no one to speak in opposition. A motion made by Primus Moore was seconded by Robert Way to approve the application as presented. 1

77 The vote was 9-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way, Scifres, Moore. NAY: None Motion carried. Item 4 Discussionand Action on PC#384-Requestto Rezone- A tract of land in Lot 93, Townsite Addition No.5, from A-I to C-5. City Manager/Planning and Community Director, Peter 1. Stasiak gave the staff report and stated that Staff recommends approval of this rezoning. He also stated that this is a vacant parcel that is undisturbed and undeveloped property. He stated that the property is to be developed for commercial use adjacent to Highway 69. Roy Riggs spoke in favor of the application. He stated that he has a 165 day building schedule. He also stated that he would like to add a stop sign next to the Western Wear store to slow down traffic coming and going from the construction site. There was no one to speak in opposition. A motion made by Harvey Bolinger was seconded by Karl Scifres to approve the application as presented. The vote was 9-0 as follows: AYE: Emmons, Kanard, Matkin, Otis, Lewis, Bolinger, Way, Scifres, Moore. NAY: None Motion carried. Item 5 Staff Report There was no Staff Report Item 6 CommissionReport There was no Commission Report Item 7 Adjournment There being no further business, Chairman Mark Emmons adjourned the meeting at 7:55 pm. 2

78 SOUTHEAST EYE SURGERY CLINIC, INC. JAMES L. DUNAGIN, JR., MD. DiSEASES AND SURGERY OF THE EVE 220 North Sixth McAlester, Oklahoma DIPLOMATE AMERICAN BOARD OF OPHTHALMOLOGY July 6,2010 Department of Planning and Community Development City of McAlester Po Box 578 McAle~er,O]( Dear Sirs, As a property owner oflot 7 and the west ~ oflot 6 th in block 324, I am writing an opposition to the proposed rezoning of the location of 800 E Washington from RI-B to C-2. This area is and has been residential in nature and is located on one of the busiest 2 lane streets in town. Traffic on east Washington provides access to McAlester Regional Hospital and other points to the east and the post office and churches to the west. Any commercial designation of this property could lead not only to increased traffic, but to noise and disruption in the evening and nighttime hours. Again I am opposed to rezoning this property. Yours truly, 6~'-1~~ James L. Dunagin, M.D.

79 McAlester City Council AGENDA REPORT Meeting Date: August 10,2010 Item Number: 3 Department: City Manager Prepared By: Peter J. Stasiak Account Code: Date Prepared: July 19,2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Mayor to sign a contract with MPower Economic Development Corporation for a maximum amount of $184,673 for fiscal year 2010/2011. Recommendation A motion to sign a contract with the MPower Economic Development Corporation, which sets forth the scope of services they will provide for the City'S payment of $184,673. Discussion Department Approved Head By Initial PJS City Manager P. Stasiak 08/02110 Date Page 1 of 1

80 CONTRACT for services between the City of McAlester and MPower Economic Development Corporation This contract is made between the City of McAlester, a municipal corporation ("City") and the MPower Economic Development Corporation, a private non-profit corporation ("MPOWER"). In this Contract, either the City of McAlester, or MPOWER, may be referred to individually as a "Party" or jointly as the "Parties." WITNESSETH: WHEREAS, the City desires to assist firms and individuals considering locating or expanding their businesses in McAlester; and WHEREAS, the City desires to retain existing businesses in McAlester; and WHEREAS, MPOWER possesses the knowledge, skills and ability to assist the City in achieving these desires, NOW, THEREFORE, in consideration of the mutual promises, obligations, representations, and assurances in this Contract, the Parties agree to the following: I. SCOPE OF SERVICES A. MPOWER will engage in industrial and commercial business solicitation activities on behalf of the City in order to expand the economic base of Pittsburg County, Oklahoma, through attraction of new business and industry. B. MPOWER will provide technical assistance to new and existing businesses and industry on behalf of the City to promote expansion and maintenance of the economic base of Pittsburg County, Oklahoma. C. In furtherance of the objectives of this contract the parties agree and adopt the "W ork Plan and Deliverables" attached as Addendum A ,. _

81 D. MPOWER will provide written quarterly and annual performance reports to the City that shall include the current measurements against the work plan and deliverables. These reports shall include the current financial status of the MPOWER Organization. z, PAYMENT FOR SERVICES A. For services rendered by MPOWER in furtherance of the City's objectives, the City will pay MPOWER $184,673during the term of this contract subject to the following conditions: I) MPOWER will provide a monthly itemized invoice for services rendered to the City on or before the tst day of each month for the previous month's services, beginning August I, 2010and continue until the end of this contract. Both parties agree that this itemization is not intended to include every detail of MPOWER's services, rather a general report of services provided. 2) The City agrees to make monthly payments in the amount of $15,389.42due on or before the 15thday of each month for which an invoice is provided for services rendered, first payment due August 15th, EFFECTIVE DATE AND TERMINATION A. The effective date of this Contract shall be July I, 2010,and unless otherwise terminated or cancelled as provided below, it shall end on June 30, 2011,at which date this Contract expires without any further act or notice of either Party being required. The Parties are under no obligation to renew or extend this Contract. Notwithstanding the above, under no circumstances shall this Contract be effective and binding and no payments to MPOWER shall be due or owing unless and until: I) This Contract is signed by persons legally authorized to bind the parties. 2) Any conditions precedent to the Contract have been submitted and accepted by the City; B. The City or MPOWER may terminate and/or cancel this Contract, or any part thereof, at any time during its term upon thirty days notice, for any reason without incurring obligation or penalty of any kind. The effective date of notice for termination or cancellation shall be the date of council or MPOWER board action providing for said termination or cancellation. C. The City's sole obligation in the event of termination is for payment for services rendered by MPOWER before the effective date of termination. D. Notices given under this contract shall be in writing and shall either be personally delivered or sent by mail VIA Certified Delivery. If notice is sent to MPOWER, it shall be addressed to MPOWER then known address. 2

82 If notice is sent to the City, it shall be addressed to: City Clerk City of McAlester, City Hall First and Washington McAlester, OK E. Any modifications, amendments, recessions, waivers or releases to this Contract must be in writing and agreed to by both Parties. 4. ASSURANCES AND WARRANTIES A. MPOWER warrants that all services performed hereunder will be performed in a manner that complies with all applicable laws, statues, regulations, ordinances, and professional standards. B. MPOWER shall pay its own local, state, and federal taxes including, without limitation, social security taxes and unemployment compensation taxes. The City shall not be liable to, or required to, reimburse MPOWER for any federal, state and local taxes or fees of any kind. C. Except as otherwise expressly provided in this Contract, MPOWER shall be solely responsible and liable for all costs and expenses incident to the performance of all services for the City including, but not limited to, any professional dues, association fees, license fees, fines, taxes, and penalties. D. MPOWER shall employ and assign qualified MPOWER Employees as necessary and appropriate to provide the services under this Contract. MPOWER shall ensure all MPOWER EITlployeeshave all the knowledge, skill, and qualifications necessary to perform the required services. E. MPOWER shall solely control, direct, and supervise all MPOWER Employees with respect to all MPOWER obligations under this Contract. MPOWER will be solely responsible for and fully liable for the conduct and supervision of any MPOWER Employee. F. All MPOWER Employees shall be employed at MPOWER sole expense (including employment-related taxes and insurance) and MPOWER warrants that all MPOWER Employees shall fully comply with and adhere to all of the terms of this Contract. MPOWER shall indemnify and hold the City harmless for all Claims against the City by any MPOWER Employee, arising out of any contract for hire or employer-employee relationship between MPOWER and any MPOWER Employee, including, but not limited to, Worker's Compensation, disability payor other insurance of any kind. G. Nothing in this Contract is intended to establish an employer-employee relationship between the City and either MPOWER or any MPOWER Employee. All MPOWER Employees assigned to provide services under this Contract by MPOWER shall, in all 3

83 cases, be deemed employees of MPOWER the City. and not employees, agents or subcontractors of H. Nothing in this Contract is intended to authorize MPOWER to obligate the City regarding any commitment to a third party, including, but not necessarily limited to, cash or non-cash incentives and the sale, lease or donation of real property, other city assets or city services, without the prior specific consent of the city council as evidenced by a recorded affirmative majority vote in open session. 5. INDEMNIFICATION A. MPOWER shall indemnify and hold the City harmless from any and all Claims which are incurred by or asserted against the City by any person or entity alleged to have been caused, or found to arise, from the acts, performances, errors, or omissions of MPOWER or MPOWER Employees. B. MPOWER shall have no rights against the City for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the City except as expressly provided herein. C. MPOWER waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the City based upon any Claim brought against the City suffered by a MPOWER Employee. 6. DEFINITIONS The following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: A. "City" means the City of McAlester, Oklahoma, a Municipal Corporation, its departments, divisions, authorities, boards, committees, and "City Agent" as defined below. B. "City Agent" means all elected and appointed officials, directors, board members, council members, employees, volunteers, representatives, and/or any such persons' successors, (whether such person acts or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them. "City Agent" shall also include any person who was a "City Agent" anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as an Agent. C. "Claims" means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in 4

84 settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the City, or for which the City may become legally and/or contractually obligated to payor defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. D. "MPOWER Employee" means without limitation, any employees, officers, directors, managers, trustees, volunteers, attorneys, and representatives of MPOWER, and also includes any MPOWER licensees, concessionaires, contractors, subcontractors, independent contractors, contractor's Contractors, subsidiaries, joint ventures or partners, and/or any such persons, successors or predecessors, employees, (whether such persons act or acted in their personal, representative or official capacities), and/or any and all persons acting by, through, under, or in concert with any of the above. "MPOWER Employee" shall also include any person who was a MPOWER Employee at anytime during the term of this contract but, for any reason, is no longer employed, appointed, or elected in that capacity. 7. GENERAL TERMS AND CONDITIONS A. Access and Records. MPOWER will maintain accurate books and records in connection with the services provided under this Contract for 36 months after the end of this Contract, and provide the City with reasonable access to such books and records. B. Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this contract. Any use of the singular or plural number, any references to the male, female, or neuter genders, and any possessive or nonpossessive use in this contract shall be deemed the appropriate plurality, gender or possession as the context requires. C. City Right to Suspend Services. Upon written notice, the City may suspend performances of this Contract if MPOWER has failed to comply with Federal, State, or Local laws, or any requirements contained in this Contract. The right to suspend services is in addition to the City's right to terminate and/or cancel this Contract. The City shall incur no penalty, expense, or liability to MPOWER if the City suspends services under this Section. D. Compliance with Laws. MPOWER shall comply with all federal, state, and local laws, statutes, ordinances, regulations, insurance policy requirements, and requirements applicable to its activities under this Contract. 5

85 E. Conflict of Interest. To avoid any real or perceived conflict of interest, MPOWER shall identify any MPOWER Employee or relative of MPOWER Employees who are presently employed by the City. MPOWER shall give the City immediate notice if there are any City Agents or relatives of City Agents who are presently employed by MPOWER. F. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. G. Discrimination. MPOWER shall not discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap in violation of State and Federal law. MPOWER shall promptly notify the City of any complaint or charge filed and/or determination by any Court or administrative agency of illegal discrimination by MPOWER. The City, at its discretion, may consider any illegal discrimination conviction as a breach of this Contract and may terminate or cancel this Contract immediately with notice. H. Entire Contract. This Contract represents the entire Contract and understanding between the Parties. This Contract supersedes all other prior oral or written understandings, communications, agreements or Contracts between the Parties. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 1. Force Majeure. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action or request of the United States government or of any other government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. J. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract. No waiver of any term, condition, or provision of this Contract, whether by a conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Contract. No waiver by either Party shall subsequently affect its right to require strict performance of this Contract. K. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this Contract, and/or any other right, in favor of any other person or entity. 6

86 L. Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the City. M. Severability. If a court of competent jurisdiction finds a term, condition, or provision of this Contract to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Contract. All other terms, conditions, and provisions of this Contract shall remain in full force and effect. Notwithstanding the above, if MPOWER's promise to indemnify or hold the City harmless is found illegal or invalid, MPOWER shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the City. N. Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination and/or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their very nature: a. "ASSURANCES AND WARRANTIES"; b. "INDEMNIFICATION"; i. "SEVERABILITY"; AND ii. "SURVIVAL OF TERMS AND CONDITIONS". Executed and adopted upon motion duly made, seconded and passed this the City of McAlester. CITY OF McALESTER, OKLAHOMA A Municipal Corporation day of August 2010, for By Attest _ Kevin E. Priddle, Mayor CITY OF MCALESTER APPROVED By Ervin & Ervin ATTORNEY _ for the CITY OF MCALESTER Cora Middleton, City Clerk CITY OF MCALESTER AS TO FORM AND LEGALITY: Executed and adopted upon motion duly made, seconded and passed this~day of August 2010, for the MPower Economic Development Corporation. BYA~~~~~reti!~ Da I Wright, Board resident MPOWER ECONOMIC DEVELOPMENT CORPORATION 7

87 Attest ~ a. ~ j!w Dr. Kenneth Miller, Corporate Secretary MPOWER ECONOMIC DEVELOPMENT CORPORATION Note: See attachment entitled, "MPower Economic Development Corporation's Fiscal Year 2010~ 2011WORK PLAN Q DELIVERABLES to The City Of McAlester." ~ ~-~--- ~~-~----~-~..~._...~~

88 MPower Economic Development Corporation's Fiscal Year 2OIO-20II WORK PLAN & DELIVERABLES to the City of McAlester Industrial Development: Goal Enhance usable industrial space and land for productive uses. Objective Inventory and evaluate vacant industrial space and land. Strategy Create a template to categorize and profile potential uses of industrial space and land. Partner with state, local agencies, realtors and private developers in marketing this information. Business Retention and Expansion: Goal Establish and maintain a good working relationship with businesses in the City through a business call and visitation program. Objective Develop and implement a program with the City, County, Chamber of Commerce and Main Street Association to identify firms, make contact and respond to feed back. Strategy Create and maintain a working relationship with existing businesses and develop a business registry and database. Establish an annual business survey. Note: 80% of all new jobs created are through expansion of existing businesses in the community. Retail Development: Goal Build and develop a diverse retail base focusing on retail leakage to other communities. Objective Develop expansion and retention efforts for the retail industry. Identify and focus on service niches

89 Strategy Create and maintain a working relationship with existing retail businesses and develop a business registry and database. Partner with the Chamber of Commerce and Main Street Association to develop a business survey. Marketing: Goal Build, develop and maintain a website focusing on business opportunities (ie: retail leakage, industrial lands and buildings, etc.) in the community. Objective Have readily available and updated all industrial lands, buildings and retail opportunities. Strategy Identify areas for infill for future construction opportunities _--_ "."...,._-'

90 McAlester City Council AGENDA REPORT Meeting Date: August 10,2010 Item Number: 4 Department: Police Prepared By: Jim Lyles Account Code: Date Prepared: July 26, 2010 Budgeted Amount: Exhibits: Subject Consider and act upon declaring certain vehicles surplus property according to the Code of Ordinance Sec and Sec , and authorize the City Manager to sell at auction. Recommendation Motion to approve declaring five vehicles surplus property and authorizing the sale of the five vehicles at auction. Discussion The police department currently has five used vehicles that are not needed by the department. The cars are in need of repair and will be better suited for sale and the proceeds be used towards the purchase of a new equipped patrol car. The cars to be declared surplus and sold are: Tag Mileage Make Model VIN 988ABE Ford Excursion 1FMNU40L2YEA Ford Crown Vic 2FAFP71 WOYX AJL Ford Taurus 1FAFP52U9XA AEW Jeep Cherokee 1J4FT28S3VL AKZ Chevrolet Lumina 2G1WL52MOW Department Approved Head By Initial JL Date City Manager P. Stasiak Page 1 of 1

91 McAlester City Council AGENDA REPORT Meeting Date: August 10, 2010 Item Number: 5 Department: City Clerk Prepared By: Cora Middleton Account Code: Date Prepared: August 2, 2010 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the Mayor to sign a contract with Municipal Code Corporation for recodification of the City of McAlester's Code of Ordinances. Recommendation Motion to authorize the Mayor to sign a contract with Municipal Code Corporation for recodification City of McAlester's Code of Ordinances. of the Discussion The City of McAlester's Code of Ordinances has not been recodified in whole since September of 1993, seventeen years (17) ago. The City has stayed in compliance with State Statute by annual supplements to the Code of Ordinances, but by recodifying the Code, the City will be able to reorganize the Code of Ordinances into a more easily navigated tool. This process will likely take two (2) years to complete and the City will be able to distribute the cost over the two (2) years. The City of McAlester currently uses Municipal Code Corporation for its' annual supplements. Department Approved Head By Initial CM Date 08/02110 City Manager P. Stasiak 08/03110 Page 1 of I

92 M{(=; " Fax: ~ ~e.com Municipal Code Corporation PO Box 2235 Tallahassee, FL January 13, 2010 Ms. Cora Middleton City Clerk City of McAlester Post Office Box 578 McAlester, OK cora. Dear Ms. Middleton: Thank you for taking the time recently to speak with Patrick Holiday, our Customer Service Representative. appreciate your interest in Municipal Code Corporation (MCC) and the services we provide to local governments. understand your community has unique needs and we offer a variety of services to meet those needs. We We ABOUT THE MCC CODIFICATION PROCESS. MCC's approach to codification sets the standard in the industry. Our projects start with a conference call to outline specific issues or concerns you, or other interested officials, may have. After hearing your specific concerns we will describe detailed information on the scope of the project. After you send the material, every ordinance will be recorded and we will confirm receipt of each one to be included in the project. MCC converts all appropriate material to an editable electronic form and begins building the Legal Manuscript. The Legal Manuscript is the working document MCC's staff attorney uses to review the code. It outlines the issues and recommendations resulting from the legal review. Once the Legal Manuscript has been completed, the staff attorney will conduct a conference. At conference, the issues and recommendations will be discussed and a plan for implementing decisions created. After the conference, MCC will implement the decisions, edit for consistency and provide proofs for review. Upon return of the proofs, MCC will make the appropriate corrections as outlined on the proofs, create a new index and ship the Code in print and electronic form. WHY USE MCC? MCC is the oldest and largest codifier of local government Codes. However, we are family owned and operated which translates into an extremely high level of professionalism and customer service. Our clients tell us the following distinguishes MCC as the best: W STAFF ATTORNEY - One staff attorney is the primary point of contact throughout every step of the process. They actually perform the legal research, as opposed to reviewing a paralegal's work, and are available to consult with you at anytime during the project. W ATTORNEY CONFERENCE - Our attorney conference is unique to MCC. Our attorney takes the time to listen to your input as well as other interested officials' input; we find the conference is the best tool for assuring the Code accurately reflects the intent of the ordinances enacted by the officials. W LEGAL MANUSCRIPT - MCC provides the entire Code, including legal recommendations, as one electronic document. This eases your review and facilitates dissemination amongst Departments. W EDITORIAL EXPERTISE - MCC's editors and proofreaders are experienced in assuring your code is readable, consistent and concise. They support and implement the attorney's recommendations. W SAMPLE LEGISLATION WEBSITE - You can search our website of more than 2,400 Codes for almost any imaginable topic.

93 (II DISTRIBUTION subscribers. - MCC can provide free services for the sale of Codes and Supplements to the outside (II SUPPLEMENTATION - We can provide any interval of Supplements in print or electronic form and post your uncodified ordinances to the web in between Supplements. Delivery of the update is normally 2-6 weeks depending on the number of ordinances included. (II TECHNOLOGY - MCC has a proven track record of investing in technology that benefits our customers. You can be assured of access to the best search engines, the fastest Internet connections, advanced communication channels and sophisticated publishing tools over the life of the project and throughout Supplementation. If you have any questions or desire additional information, please call and speak with Alicia Bywaters, Danielle Galvin, or me. We will also be happy to schedule a conference call or webinar with all interested parties, or meet with you personally. Sincerely, ALUtgt Enc. info@municode.com A. Lawton Langford President/CEO 2

94 TABLE OF CONTENTS EXECUTIVE SUMMARY 4 SCOPE OF WORK 6 RECODIFICATION QUOTATION SHEET FOR McALESTER, OK 9 SUPPLEMENT SERVICE 11 ADDITIONAL SERViCES 12 SUPPLEMENT SERVICE QUOTATION SHEET FOR McALESTER, OK 13 3

95 PROFESSIONAL SERVICES PROPOSAL FOR RECODIFICATION EXECUTIVE SUMMARY Municipal Code Corporation will provide you and your Code subscribers the highest level of service. Our corporate goal is to focus on the details of each need. MCC works as a team and many of our team members have been with MCC for more than 10 years. They are creative, good communicators, ask questions and leverage their experience to solve problems. The company was founded in 1951 and offers services to local governments nationwide. We have published and supplemented more than 3,500 Codes. With more than 55 years of experience, MCC has finetuned its operations to offer you the most efficient and affordable codification and publishing services available. From creating or updating a Code to shipping a Supplement, MCC assures the fastest, most accurate delivery of customized services. We work hard to maintain the high level of service our Clients have come to expect Customer Service/Sales Approach Our focus on service begins with our sales approach. The Sales Staff works with more than 3,500 accounts, one person at a time. Our response time to inquiries is normally a couple minutes via (constantly monitored) or within the half-hour for phone communication. Customers frequently send notes and s reminding us how rare it is in today's business to respond quickly; however, we make it a priority. MCC is a family-owned, medium sized business, which means our clients receive a level of personal service unparalleled in the industry, but we have the resources to handle complex custom issues. Our size also allows us to provide extra editorial and technological resources an otherwise smaller firm can't offer. Our most valuable assets are our customers and our reputation. We earn our reputation by offering helpful suggestions and solutions for your unique situation. Legal/Editorial Approach MCC's legal and editorial staff is organized in teams. This provides for consistency in editing, understanding and reaching a level of quality. As the attorney communicates with you directly, the project needs are shared with the entire editorial team. We employ a full-time staff of attorneys, one of whom will research and analyze your legislation. We encourage our legal team to become thoroughly familiar with your Code and your staff. This results in a rapport between you and the team and assures a high degree of consistency, attention and professionalism in codifying and updating your Code. In many states, we provide free, State Law Pamphlets to notify our Clients of changes in State Laws affecting local governments. Software Solutions MCC focuses on technology that benefits our customers. We have created products that are affordable and meet the ever-changing needs of our customers. MCC handles all electronic services in house. We offer all formavdatabase options (Word, WordPerfect, HTML, ASCII, RTF, PDF, XML), and all choices of mediums (floppy disks, CDs, downloading from our website, etc.). We consider technology a "core competency" and are committed to staying abreast of technology for your benefit. MCC provides specialized Government focused electronic products that provide diverse access to your Code by citizens and departments. We provide web access via industry standard browsers on PC and Mac platforms. Municode.com meets all Priority 1 checkpoints under the W3C's Web Content Accessibility Guidelines 1.0 Specification (WCAG). Employee Focus MCC is a privately owned Corporation. We are financially sound, having been in business for more than 55 years. MCC's President and Board of Directors are focused on improving MCC though investments in people, technology and facilities. MCC recently has refurbished many offices and has a Health and Fitness Gym with showers and a walking trail through our 10-acre campus. MCC also provides employees a Quarterly Production Reward system based on the profits of the company. Through this incentive, our employees feel an ownership in their own company. Subscriber Focus Municipal Code Corporation has provided subscriber services for more than 20 years. Approximately 30,000 people subscribe to one (or more) of our publications, and we have created a department dedicated to serving those subscribers. Our Subscriber Distribution Team provides a complete range of services from ordering a Code or 4

96 Supplement to providing missing pages, answering questions, invoicing and insertion instructions. placed online on our website, via , over the phone, fax or regular mail. Orders may be Association Support MCC supports many Clerk, Attorney, Municipal and County Associations, additionally we partner with the International Institute of Municipal Clerks and International Municipal Lawyers Association to provide services to their members. Our Vice President of Sales, Dale Barstow, is also the President of the Municipal Clerks Education Foundation. All of this support is motivated by our desire to "give back" to the people who have made us successful, as well as our goal to stay close to our Customers. MCC is keenly interested in assisting you with your needs and we feel our focus, company and personnel perfectly match your goals. We appreciate your interest and look forward to your review of the rest of our information. 5

97 SCOPE OF WORK MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to perform codification services for the CITY OF MCALESTER, OKLAHOMA, hereinafter referred to as Client. MCC will research, edit, index and publish (both in print and electronically) the finally enacted legislation Client specifies for inclusion in the Code. Material Included. All legislation of a general and permanent nature, passed in final form by the Client, as of the cut off date established by the MCC attorney (usually after conference), will be included in the new Code. MCC prefers the material in an editable electronic form, and will rely upon the electronic media during the codification process when furnished electronically, unless otherwise instructed. However, materials are not required to be furnished in electronic form and can be provided via fax or printed copy. All material received by MCC will be acknowledged via e- mail or the postal service. Research of minutes can be provided as agreed upon by the Client and MCC. Omitted Material. The following legislation, which is not of a general and permanent nature, will be omitted from the Code unless otherwise instructed by MCC and the Client: Appropriations; Franchises; Bonds; Vacating Streets and Other Public Properties; Sales of Surplus Assets and Properties; Tax Levies; Special Elections; Contracts and Agreements; Rezoning; Personnel Regulations; Annexations and Disannexations; Tax Anticipated Notes and Issuances of Similar Debt Instruments; Appointments of Named Individuals to Positions within a Governmental Body; Comprehensive Master Plans, Traffic Schedules, and Fee Schedules (however, Fee Schedules can be provided for an additional fee - quotation upon request). Ordinance Research Tools. To facilitate finding sample provisions during this project, MCC will provide the Client with two (2) subscriptions to the Multiple Code Search Service. This will allow the Client to provide two (2) people with access to the search software on our website for full state searching (see Additional Services). MCC will also provide samples of provisions, as requested during the project. Original Legislation Archive & Index. While codification is focused on providing the most up-to-date legislation for your organization and its constituents, the purpose of this service is to electronically archive original permanent record of the legislation when it was passed. Service includes converting all original ordinances, resolutions, and motions into Tiff Group IV format. The images will be OCR'd, indexed, and provided on CD/DVD in a robust searchable format. Supplementing Existing Code during Codification. MCC can provide Supplementation Services, electronic options and web hosting for the existing Code while the codification project is underway. MCC can update the existing Code on any schedule the Client desires. MCC can also provide Electronic Updates in lieu of Printed Supplements during this project. All service options are described in greater detail in the Supplement Service portion of the proposal. Legal and Editorial Work. MCC will assign a team, consisting of a lead attorney, editor, proofreader and indexer, to the project. All recommendations by this legal team are intended for use by the Client's attorney and should not be considered legal advice. This legal team is responsible for the following: Research and Review. MCC will research all legislation submitted by the Client against the State Constitution, State Law, the Charter (if the Client has adopted one), as well as inconsistencies and conflicts within the legislation itself. Zoning and Land Use provisions will be reviewed only if included in the Code. Ordinances enacted, or added, subsequent to the date of this agreement, or items not contemplated within the scope of service, may be added at the additional page rate. Structure. MCC will suggest a structure and organization for the Code and provide a Table of Contents indicating said structure. MCC will assume the legislative structure is to remain intact unless discussed with our attorney and approved by the Client. Legal Manuscript. MCC will submit a legal manuscript for the Client's review. This manuscript will reflect the MCC attorney's legal review and will contain the substantive provisions of legislation provided by the Client and with proposed changes. Recommendations by MCC's attorney will be provided and discussed with the Client. The legal manuscript will be provided in electronic form; a printed copy can be provided upon request. 6

98 Conference. MCC will conduct a conference, either in person, via telephone or webinar, to review the legal manuscript. All persons interested in the project may be included; but the Client's attorney and Clerk are essential. Issues discovered during the legal research will be discussed at the conference, with agreed upon solutions noted in the legal manuscript. The Client's attorney has the final decision making authority for resolution of issues brought up at the Conference or "footnoted" in the Legal Manuscript. References. MCC will provide State Law references within the Code. Additional references, such as editor's notes, reserved sections, and referenced materials, will be provided as appropriate. Editing. MCC will edit the Code to reflect proper grammar and stylistic consistency. MCC will not reword any provision that affects the substantive intent of the Code, unless the Client approves the revision; however, MCC may make non-substantive revisions to improve readability. Proofreading. MCC will proofread the Code prior to submitting proofs. The text will be reviewed for sense, structure and to ensure the implementation of the decisions by the Client and MCC's attorney are correct. Format Options. MCC will review format options, such as font type (e.g. Times, Helvetica, New Century Schoolbook, Avant-Gard Demi, Courier, Palatino, Helvetica Narrow, Arial-MT, Times New Roman-SF) font size (9, 10, 11, 12 point) page layout (single or double column), graphics appearance and placement, with the Client. We will help you choose a format that results in a professional document that is easily researched. Sample page formats will be provided for review and selection. Index and Tables. MCC will create a subject matter index and all tables (Contents, State Law Reference, Prior Code Comparison, Ordinance Disposition, etc.) for the Code as necessitated by the materials. Additional tables required by the Client can be created. Graphics. MCC will add the graphics when provided by the Client in a usable format and insert them into the printed and electronic versions of the Code. Adopting Ordinance. MCC will provide an Adopting Ordinance upon completion of the project. Proofs. After editing and proofreading, proofs incorporating solutions captured in the legal manuscript will be delivered to the Client. The proofs are an updated legal manuscript indicating agreed upon changes as decided by the Client. The proofs will have been edited and proofread, though they will not contain all of the tables and the subject matter index and will not be in final form for printing. A sample of the finished Code format will also be provided. MCC guarantees typographical correctness. Any errors attributable to MCC will be corrected at no charge during the term of this Agreement. MCC's liability for all services shall extend only to correcting the errors in the Code and subsequent updates, not to any acts or occurrences as a result of such errors, and only as long as the contract is in effect. Delivery of Code. Printing and Binding. The number of copies selected by the Client will be printed on acid-free paper in the chosen format and delivered to the Client. Color printing is available at an additional charge. Standard binding for the Code is three-post, expandable, black, leatherette binders with gold, silver or white stamping. Alternate binders, such as D-ring or polyvinyl, are available. Binder colors can be reviewed at under the Products link. A Seal or logo can be added in addition to the text on the front and spine of the binder, if desired. Divider tabs for each major section of the Code and Index are also provided. We are pleased to announce that Mac Papers is now chain-of-custody certified with the Forest Stewardship Council (FSC), Sustainable Forest Initiative (SFI) and Programme for Endorsement of Forest Certification schemes (PEFC). Reprints or Pamphlets. Selected Chapters, or combinations of Chapters, may be reprinted for distribution. Pamphlets are provided separately, based upon then current price list. They can be provided with binders, paper covers, tabs and all other standard publishing options. MCC can also provide these to subscribers. See Distribution under Additional Services. 7

99 Electronic Code. The Code will be furnished in any electronic medium and format (Internet, CD-ROM, Word, WordPerfect, Text or RTF, PDF, or integrated with search engine, etc.) selected by the Client. Attached is a current list of options; an updated list of options will be provided upon shipment of proofs so selections can be made from then current services. Client Responsibility. The Client agrees to: Amendatory Legislation. The Client shall immediately forward all adopted legislation (including amendments, the Charter, Special Acts and other pertinent rules and regulations having the effect of law) to be codified on a continual basis. Submission should be timely and can be sent in electronic, fax or printed form. Review. The Client shall review, modify and/or approve the proposed Table of Contents and organization of the Code, page format, font type and size, approve number of copies to be printed, binder colors and choice of electronic format. Participation of Attorney. Ensure the Client's Attorney and other interested personnel attend and participate in the project, including on-site or teleconference and review of the proofs. Submission of data. The Client shall provide data, graphics and tables of the highest reproducible quality, preferably in their original, electronic format. Provide a black and white line art seal or logo for the binders, if desired. Proofs. The Client will review and return the proofs within 45 days of receipt. Changes to the text should be marked directly on the proofs. Please note delaying the return of proofs can delay the project due to the amount of additional legislation passed subsequent to submission of proofs. Changes not discussed at conference, deletions and additions to the proofs may result in a proof update fee. Should the Client fail to return proofs within five (5) months, the balance of the contract shall become due and payable. Additional copies of proofs can be provided upon request. 8

100 RECODIFICATION QUOTATION SHEET FOR THE CITY OF MCALESTER, OKLAHOMA Base Cost, includes $17,950 Receipt, review and organization of materials Ordinance Research Tool (2 licenses) Preparation of Legal Manuscript 20 Copies 1, to include Binders and tabs (select binder color below) Adopting Ordinance Legal Work Implementation of approved legal findings Updating State Law References Editing Proofreading Proofs Page formatting (make selections below) Indexing Creation of Tables Code on Internet, first year Base number of pages (approximately 730 double-column pages 10 pt font) On-site Conference Teleconference or Web based conference, per 3 hour session Elections to be made applying to the above project: Font - Please circle one (Times, Helvetica, New Century Schoolbook, Avant-Gard Demi, Courier, Palatino, Helvetica Narrow, Arial-MT, Times New Roman-SF) Page Format - Please circle one (Single Column or Double Column) Font Size - Please circle one (9, 10, 11 and 12 point) Binder Color - Please circle one (Brittany Blue, Deep Green, Semi-Bright Black, Burgundy) Original Legislation Archive & Index D Up to 3,000 images, excess images $0.50/image $1,500 Items not included in Base cost: Additional pages over the base, per page Additional material amended or added after conference, per page Black and White Graphics, each Color Graphics (includes printing), each Additional Copies/BinderslTabs Freight State Sales Tax $22 $22 $10 $25 Quotation upon request Actual freight If applicable 1 MCC uses only acid-free paper. 2 Subsequent years $500 a year. 9

101 Additional Services available with the above project: Reprints of Chapters or Portions of the Code Distribution of Codes and Supplements Electronic Media Options Quotation upon request No Direct Cost to Client See attached information Payments - base cost split Into four payments - can be budgeted over two fiscal years Execution of Agreement Submission of the Legal Manuscript Submission of Proofs Delivery $5385 $4500 $4500 Balance 10

102 SUPPLEMENT SERVICE After publication of the new Code, MCC will continue to maintain the Code as legislation is enacted. Material. The Client should forward a copy of legislation upon enactment. Material is preferred in an electronically editable format and should be sent to ords@municode.com. Every ordinance sent to MCC will be acknowledged via . A complete list of legislation recorded in an update will be provided. Legislation can also be provided via fax or print. MCC will hold legislation pending a schedule or begin the job as established with the Client. Editorial Work. The Supplement editorial team, consisting of a legal editor, proofreader and indexer, will review the legislation to determine proper placement within the Code. MCC will adhere to the structure and style contained in the ordinance unless changes are required to ensure consistency in the Code. The team will also update the Table of Contents, catch lines, reference tables and index. Additionally, an instruction sheet will be created to advise how to insert and remove pages. A Checklist of Up-To-Date pages will be created to indicate the most recent source from which each page in the Code is derived. Editorial notes will be appended to sections that require additional explanation. A separate Supplement will be created for any pamphlets derived from the Code. Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplement pages that are issued as replacement pages. Printed Supplements include updated Table of Contents, Code Comparative Table, index and text pages. A Supplement for each printed Code is included in the base page rate. Electronic Updates. Amendments to the electronic version of the Code (CD, Internet, Folio, PDF, etc.) can be provided on their own schedule, or accompany Printed Supplements. Electronic Updates appear in the proper place and a fully searchable, complete Code will be delivered. Electronic Updates are included in the base page rate and clients who receive both Electronic Updates and Printed Supplements receive the Printed Supplements at no charge. Schedule. Amendments are provided on a schedule designed to meet the needs of the Client. The schedule can be weekly, biweekly, monthly, bi-monthly, quarterly, tri-annual, semi-annual, annual or upon authorization. Electronic Updates can occur on a more frequent schedule than Printed Supplements. Additional Provisions. MCC can add additional provisions (e.g. charter, zoning, land development regulations) into the Code through the Supplement service. They will be included in a Supplement or as a separate project and appropriate updates will be made to the Code and tables. Additional divider tabs or binders will be provided as necessary. MCC will advise of all options and applicable costs. New Ordinances on the Web (N.O.W.). MCC can post the ordinances passed in between Printed Supplements or Electronic Updates on our website. The ordinances are posted as part of the Preliminaries and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the Code, they are removed from the website. We recommend the Client send in legislation in editable format via for inclusion in the Code. This allows the legislation to be searchable on the Internet site along with the Code. Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the Client, unless Client chooses to utilize MCC's Distribution Services. The website will be updated upon shipment of the printed supplement or as Electronic Updates are delivered. 11

103 ADDITIONAL SERVICES Distribution. Fulfillment services are available to distribute individual copies of Codes and Supplements to departments or subscribers at no additional fee to the Client. MCC can sell the Codes, Supplements, chapter reprints, binders and tabs at a pre-determined price. MCC assumes all risk and expense for providing these items. Orders can be placed through our online ordering, via fax or mail. More detailed information about distribution services will be provided after the return of the proofs. Future Legal Review. At any point during the term of this Agreement, or extensions thereof, MCC can provide additional legal review to identify inconsistencies, obsolete provisions or compare the Code to current State Law. State Law references can be updated in conjunction with this legal review or as a separate engagement. Electronic Agenda and Legislative Management (Legistar). MCCi offers Legistar Software and related services which provides electronic automation and creation of Agendas. Pricing information can be supplied upon request. Document Scanning Services (MunIScan). MCCi offers scanning, indexing and integration of hard copy documents with Laserfiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and fuzzy logic. Pricing information can be supplied upon request. Contract Management Software (Contract Assistant). MCCi offers the Contract Assistant Software (developed by Blueridge Software) which is a web based solution designed to provide control and automation of the contract management process. Pricing information can be supplied upon request. Utility Billing Services (MuniBills). MCCAdvantage offers billing, statement and remittance processing services as an additional benefit under this agreement. MCCAdvantage, a subsidiary of MCC, can provide the client with design, printing and mailing services for customer billing/statements of all types. These services also include remittance payment options, software and other billing solutions. Pricing information for this service can be supplied upon request. 12

104 Supplement Service Base Page Rate SUPPLEMENT SERVICE QUOTATION SHEET FOR McALESTER,OKLAHOMA Page Format Double Column Base Page Rate $24.15 per page Base page rate above includes Acknowledgement of Material Data conversion, as necessary Editorial Work Proofreading Indexing Updating Electronic verslons", (e.g. CDs and Internet) Printing 20 Supplements Please Circle Preferred Supplementation Schedule 4 Below: Electronic Updates Printed Supplements NewOrds On the Web Annual Semi-annual Quarterly Bi-Monthly Annual Semi-annual Quarterly Bi-Monthly Upon submission I On Request On Request On Request Additional Services that apply to Supplement Service Graphics, per graphic Color Graphics (includes printing), each Freight State Sales Tax Electronic delivery handling fee, per product New Ordinances on the Web (NOW), no editing, 3-5 day turnaround, per ordinance $10 $25 Actual freight If applicable $75 $25 Other Additional Services: Electronic Agenda and Legislative Management (Leglstar) Document Scanning Services (MuniScan) Contract Management Software (Contract Assistant) Utility Billing Services (MunIBills) Payment for Supplement and Additional Services Invoices will be submitted upon shipment of project(s). Quotation Quotation Quotation Quotation upon request upon request upon request upon request This proposal shall be valid for a period of ninety (90) days from the date appearing below unless signed and authorized by MCC and the Client. 3 We do not charge a per page rate for updating CDs or the Internet - this is included in the supplement per page rate. 4 Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement schedules are available upon request. 13

105 Term of Agreement. This Agreement shall begin upon execution of this Agreement and end three years after the publication date of the new Code. Thereafter, the Supplement Service shall be automatically renewed from year to year provided that each party may cancel or change this agreement with sixty (60) days written notice. Submitted by: MUNICIPAL CODE CORPORATION Accepted by: CITY OF McALESTER, OKLAHOMA By: Title: Witness: Date: 14

106 M Municipal Code Corporation PO Box 2235 Tallahassee, FL " Fax: " ~~.~.com ~ QUALIFICATIONS For the last 58 years, Municipal Code Corporation has engaged predominately in editing and publishing Code for municipalities and counties of all sizes throughout the United States. MCC has published and supplemented more Codes that are in current use than any other codifier in the Country. This experience enables us to offer you the finest services available. We also have started two other divisions focused on government clients: MCCi (Municipal Code Corporation Innovations) and MCCAdvantage. Business main location: Incorporation Date: Current Code Accounts Serviced: Divisions: Project Contact Persons: 1700 Capital Circle, SW Tallahassee, FL or March 1951 over 3,000 MCCi - Document Management and Agenda Automation MCCa - Utility Billing and Statement Processing Danielle Galvin, Vice President - Marketing Bill Sweeney, Vice President - Codes Eric Grant, Vice President - Supplements Personnel/Offices The entire corporate staff consists of approximately 190 employees, including 9 attorneys, 35 editors, and 46,000 square feet of floor space. We have regional offices in Portage, Michigan; Fort Worth and Edinburg, Texas; and Seattle, Washington and our main office in Tallahassee, Florida. All editing and printing is done on our premises. This enables us to control each project from beginning to end with no part being subcontracted. Key personnel are available to answer questions during any phase of the project and to assure quality control in all aspects of publication, document management, and utility billing. (1) Legal: Key Personnel Assigned to Project Bill Sweeney. Vice President - Codes, B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM); United States Army Judge Advocate General's School. Bill will have overall supervision of the project. Mr. Sweeney will assign the MCC code attorney, who will conduct a thorough legal review to identify any inconsistencies or conflicts between ordinances and any conflicts with state law, send the municipality a legal manuscript that identifies these inconsistencies and conflicts, and make recommendations on how to proceed. The attorney will then contact the municipality to set up a conference to discuss these issues. (2) Project Coordinators: Danielle Galvin, Vice President - Marketing, B.S., Marketing, University of Central Florida; M.B.A., Administration, Northern Illinois University; Tallahassee Community College Extended Studies: HTML, C++, Effective Oral Communications, Managing Technology. 20 years of Project Management/Customer Service Experience. Danielle has worked with MCC for over 14 years. She is Office Manager and has primary responsibility for initial project setup, coordinating details during project and transition to supplementation. 15

107 Dale Barstow. Vice President of Sales, Pilot of MCC's Corporate Airplane; Graduate from Emery Riddle Aeronautically University; Honorary City Clerk in 5 States; Municipal Clerk's Education Foundation President; Continuing Education - Dale Carnegie Sales Training; Speaker for over 35 conferences. 36 years experience in Client sales. Dale meets with our customers to ensure face to face communication and coordination. (3) Supplementation: W. Eric Grant. Vice President - Supplements, B.S., United States Naval Academy; M.A. Georgetown University School of Foreign Service J.D., University of Virginia, Member of Florida Bar. Supervisor of electronic teams. MCC has deployed a team concept. This type of organization structure allows for complete communication, reduces the turn-around time for publication, and assures greater accuracy. Since each team is comprised of three editors and one proofreader, it allows for what we call "bench depth" - there is always a backup person. Janet Randell, Production Account Representative, A.A., Business Administration, Western International University; 15 + years of Customer Service Experience. Janet has worked with MCC for three years. She is the Customer Service Representative for the Supplement Department serving as a direct point of contact for customers. She's responsible for ensuring that the company's customers receive an adequate level of service or help with their questions and concerns. (4) Indexing: Joy Luczynski, Indexing Supervisor, A.A., Calhoun Community College; Paralegal Technology; Member of American Society of Indexers. 8 years of experience in indexing Codes. Will provide oversight and technical assistance for initial editorial preparation of the Index and updating the Index through the Supplement Service. (5) Information Technology: Phillip Claiborne. Chief Information Officer, B.S., Management Information Systems, Florida State University; MBA, University of Florida; CompTIA Certified A+, Net+, Security+, Microsoft Certified Systems Administrator. 10 years of extensive experience supporting, designing and administering corporate network environments. Matt Farley, Systems Administrator, AA, Tallahassee Community College, Currently obtaining BA in IT at FSU. 2.5 years of systems/network management experience. Elliot Haworth, Web Developer, B.A., Computer Science, Mercer University. desktop application programming and developing web based applications. 5 years of experience Stacy Corry, Digital Art Director, Flagler College, Glendale College, Tallahassee Community College. 10 years experience as a graphic designer; 7 years as director of Municipal Code's graphics department. 20 years of experience as a technical writer and technical support liaison. Law Editorial Staff Bill Sweeney, B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM) United States Army Judge Advocate General's School; Vice President of Code Department with over 20 years experience in legal research and litigation. Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; more than 30 years of experience in local government law; Member of Florida Bar. Alyce has completed over 600 codes and various other legal projects throughout the United States, including Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin, and Wyoming. William J. Carroll Jr., B.S., Penn State University; J.D., Florida State University; more than 35 years of experience in local government law; Member of Florida Bar. Bill has completed hundreds of codes and legal projects throughout the United States including codes in Arkansas, Colorado, Florida, Indiana, Illinois, Kansas, Louisiana, Maine, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, Pennsylvania, South Dakota, Texas, Virginia, and Wyoming. 16

108 Roger D. Merriam, BA, Mercer University; J.D., Emory University; more than 35 years of experience in local government law; Member of Florida Bar. Roger has completed Codes in multiple states including Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University College of Law; 8 years of private practice; 8 years of experience in local government law; Member of Florida and South Carolina Bars. Also admitted to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Armed Forces. Dan has completed Codes in Illinois, Louisiana, Mississippi, North Carolina, South Carolina, Texas and West Virginia. Jim C. Jenkins. II, B.A., Eckerd College; J.D., University of Maryland School of Law; Former Appellate Attorney and Trial Prosecutor for the Kings County District Attorney's Office, Brooklyn, NY; 10 years of experience in complex legal research and litigation; 3 years of experience in local government law. Jim has completed Codes in Alabama, Georgia, Louisiana, Texas, and Wisconsin. Sandra S. Fox, B.A, Florida State University; J.D., Florida State University; 9 years of experience in legal research and writing. Sandra has completed Codes in Georgia, Illinois, Michigan, Minnesota, Oklahoma, Missouri, Texas, and Wisconsin. Michael E. Raabe, BA California State University at Fullerton; MLlS, Florida State University; J.D. Western State University. Former Associate Dean of Chapman University College of Law; 20 year's experience in civil and appellate law; one year experience in local government law. Mike has completed Codes in Georgia, North Carolina, and Louisiana. Mary McEwen, BA, University of Florida; J.D., Florida State University; 2 years of experience in legal research and writing; Member of Florida Bar. Mary has completed Codes and legal projects in many states; primary emphasis in Florida and Georgia. Sales Staff Alicia Bywaters, National Sales supporvcustomer Service. Alicia has been with MCC for 8 years. She provides sales and customer service to all of our clients. Alicia also provides assistance to new customers and to customers with new projects. Faye Creel, Sales Representative for Southeastern States: Alabama, Florida, Mississippi, Georgia, Louisiana, North Carolina, South Carolina, and Virginia. Faye has worked with MCC for over 10 years. Elen Fox, Regional Representative for Minnesota, Michigan, Wisconsin, Indiana, and Illinois. B.S., Education, Western Michigan University; School teacher for 7 yrs.; Former Owner/Sales Manager of Ordinance Systems, a Michigan company compiling municipal ordinances which was sold to Municipal Code Corporation in 1987; Elen has been a part of MCC for 21 years. Stefanie Graves, Sales Support. B.S. Economics, Florida State University. Eleven years of customer service experience, including eight years at MCC. Provides direct support to municipal clients and prepares proposals for services to current and potential clients. Has extensive knowledge of Code-related services and products. Jenny Haverland, National Conference Coordinator. 20 years experience in Sales Administrative support prior to Municipal Code. Jenny has worked with Municipal Code for 6 years and is responsible for all aspects of Conference Exhibit Events, Advertising & Memberships to Associations. Dennis Heller, National Inside Sales Representative. B.S., Management, New York University; 35 Years in the Telecommunications Industry in Network Management, Sales, and Sales Management; Dennis has worked with MCC for the last 3 years as a Sales Representative. He is responsible for proposal presentation to prospective clients and offering code maintenance solutions to existing clients. Patrick Holiday, Inside Sales Representative. 20 years in customer service and sales before coming to MCC. Patrick is currently in his 10th year at MCC and has worked in both Distribution and Sales Departments. Customer Solutions is Patrick's primary focus. 17

109 Dana Martin, Distribution Manager. B.S., Marketing Research, Florida State University School of Business. Dana has been with MCC for over 10 years. She handles all aspects of distribution and pricing of Codes and Supplements to municipal departments and to the public. Gregorv Dudiak, West Coast Regional Representative for Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, South Dakota, Washington, and Wyoming. Has over 30 years of experience in the codification business. MCCi Staff Our MCCi Division involves the technological advances in Document Management. This division provides imaging and indexing software and also provides agenda management software solutions and emp. With their research, we have increased our use of technology on the codification side of our business (see Donny Barstow, B.S., Management Information Systems, Florida State University; MBA, University of Florida. Key responsibilities include upper level decision making, enterprise level client consultation, research and product development, educational speaker. Experience: eight years working with government agencies and six years in upper-level management. Currently serves as President of MCCi. Doug McNease, B.S., Marketing, Florida State University School of Business. Key responsibilities include managing MCCi Technical Staff, scheduling of software installation, senior level project management, internal technical support, and upper level customer technical support. Experience: five years technical support, five years database design and administration (MSSQL), six years web-enabled application development. Currently serves as the Information Technology Director. Rigo Ruiz, B.S., Mathematics, University of Texas Pan American. Key responsibilities include project management, software installation and support, customer technical support. Experience: twelve years in customer support and six years with Lasertiche software. Serves as Lasertiche Installation and Training Technician and is located in Edinburg, Texas. Dan Pineau, B.A., International Affairs/History, Florida State University; M.S., International Affairs/Economics, Florida State University. Key responsibilities include sales team management, business development, speaking engagements (tradeshows and conferences), contract negotiation, and marketing. Experience: fourteen years of consulting in public-sector markets, three years field sales representative, three years product management, five years sales management, three years enterprise business development. Also fluent in Spanish and French. Currently serves as Vice President of Government Sales. Russell Haddock, B.S., Telecommunications, Baylor University. Key responsibilities include pre-client consultation, conduct project demonstrations, manage existing customer accounts. Experience: six years with document imaging and management practices and six years in working with municipal governments. Currently serves as Senior Account Executive (Texas, Oklahoma, Missouri, Louisiana, Colorado, New Mexico, and Kansas) and is located in Fort Worth, Texas. Bob Kinsey. B.S., Communications and Political Science, Florida State University. Key responsibilities include preclient consultation, conduct product demonstrations via the web, and manage existing customer accounts. Experience: eight years designing and maintaining network environments, nine years technical support and personal computer (software and hardware), six years with document imaging and management practices, and six years in working with municipal governments. Currently serves as Account Executive (Florida). Logan Di Liello, B.S., Sport Management, Florida State University; Masters, Sport Administration, Florida State University. Key responsibilities include pre-client consultation, conduct product demonstrations via the web, and manage existing customer accounts. Experience: three years of business management and seven years in customer service. Currently serves as Account Executive for the Southeast Region. MCCAdvantage MCCAdvantage, a subsidiary of MCC, provides clients with design, printing and mailing services for customer billing/statements of all types. J. Scott Molenburg, B.S. Business & Industrial Communications, Drake University. Key responsibilities include strategic decision making, product development and enterprise level client consultation. Experience: Twenty five years in billing, statement rendering, customer service, remittance processing, project management, resource allocation and strategic marketing. Former member of MTAC, Board of Directors Major Mailers Association and Board of Directors United Way Allocations and Priorities. Currently serves as General Manager of MCCa. 18

110 Starlett Lovel, 32 years of experience in typesetting, editing, composition and printing of Codes, Supplements and Statements. Municipal Code Corporation Executives A. Lawton Langford. President and CEO. Received his Bachelor of Arts from Vanderbilt University, with a double major in Economics and Business Administration, a Juris Doctor from the Florida State University College of Law, and a Masters of Business Administration from the Florida State University College of Business. Twenty-five years experience with MCC. H. E. "Rick" Grant, Executive Vice President and C.O.O. Received his Bachelor of Science degree from the U. S. Naval Academy and his Juris Doctor from Florida State University. A former naval aviator and Navy attorney (JAG Corps) who retired as The JUdge Advocate General, the Navy's senior attorney. Eleven years of experience as COO of Municipal Code Corporation. Michelle Eagen. Chief Financial Officer and Vice President of Finance. Received Bachelor of Science in Accounting from the University of Florida and Master of Accounting degree from Nova Southeastern University. She is a licensed and active Florida CPA and has six years experience with MCC, and over sixteen years of professional accounting experience in the publishing industry. 19

111 lcode. m Take a look at our Electronic Services! There are many benefits to getting your Code in electronic format:!-to retyping ordinances to amend full' Code Easy access and searching Vrlhmited public access to the Code online R.educiion:n printed SiUpplements Multiple delivery options- CD, download, or e-mad DATABASE We can prepare jldur Code or a chapter of your Code tor use wm most word proc.essing pack.ages, suchaswc>rdpe1'fect or t.b::\f'cscftword. 'Ne can also pfo'lh':ie text options!ike HTML. XML and TXT. PDf FORMAT MCC ca,n pro'~ide the Cede 'n PDF format The' PDf format mirrors the printed Code. SEARCH 8. RETRlEVAL SOfTWARE Purchase a portable"searchableversicn of your Code 01 Ordiclances and experience some of the most sophisticated seardr, and retrieval :';>olsavailab;e. This is me a,bsobte best c!1clic.elor CIJ slomizable printing;, expeft,,,g, searohing" and content management rer y.;:,urcode of C rdinanoes.... ~"..:..:;_c. CODE ON lnternet [*first year l each SUbsequent year $500/yearJ Let I.IS host your Code on O'Jf site ',vith IMe late-sl search software, ProPvblsh. This adows access te YC\.iir Code ofordmances to anyene with anlntemelconnklicn. Vile can even customize IMe ic,::>kof YOASfCede on our!>.teto \ntegra~ seaml'!!!>sl)' 'Iblh ltdur exist'ngs,i@.. A"mu,al subsonpt,?1'\ price. MULTIPLE CODE SEARCH Need to search sev>e'ra!icities or counties at once? Save lime iilnd Money wtth eer new miuiti:ode search subscription seni~. Perform e""ie!ke~, 'C;rdsearznand access every ava ilab:'!!cily or cc'jr,ty Cede of Ordinanc'f!s within a stale sm'..:ltaneolisly. Am'iUa: subscripti'2!1 IC'lice... E-SUPPlEMENTS Cnce you have seleetedan E'!!ctrortic pr-::,duct, yeh. can update,t more often thar, the printed supplements for tr,e same price as )'OIJf sup,plernent per p3i;;le rate! N.O.W. (New Ordinances on the Web) SERVICE 'With yourelearonic product. we can even postyourord.inancres WIIMthe onl""e Code, l/lj'eoffer a 1 19:3 day tyrnarril.jqdl Price peron:llnance UPDATED ELECTRONIC PRODUCTS :i1~~~!~~li ~~~~~~e et:~~~ 'E~:::~:~::~.!:.~e_:~:~E!~~~~':,E!~:~..~~p;::l:rr{:~I:!~~:E=~~P:~: :,.~ti~ Code Corporation Municipal PO 8m 2235 T41J11ha$s~l"': FL () 262~2633 "f!1l~::{1s0 57!;.~a?2 "!nfq@rn\,.lnit:.'(l<~jtit.wnl 20

112 What are people saying 'am always and continually im ApdlBelttthtJ "Amazed at the quality of the se8ich public notice and 8CC88B of new provided us Batbata van service$ that_ ~ frommuniclp8/code 0 wete accurmi. We W8ieespecitJIly happy with the web. We would rec:ommend them to Bnyone." n - CletIr-T""ut'8l; ~IN saver. Prevtously, the township kept OITI/f18f1Ce of meljingupdates for a nomlnsl fee. Now we sjmpty pulchue ourordinances and it's ha88je ti8e." hip CWk, Chatter T~hip oft, 1111 Code: the company is always friendiyandessy to work with dministratlves8ci8tallf, ItvIng. TX to be extremely hetpful. friendly, and 1181)' patient. Ifa been a pleasure working with ltfunk:lpaj Code.", Stetl'onlCounty Attome,y'. 0IIIce, VA 21

113 Municipal Code Corporation PO Box 2235 Tallahassee, Fl '" Fax: '" ~,e.com QUALIFICATIONS For the last 58 years, Municipal Code Corporation has engaged predominately in editing and publishinq Code for municipalities and counties of all sizes throughout the United States. MCC has published and supplemented more Codes that are in current use than any other codifier in the Country. This experience enables us to offer you the finest services available. We also have started two other divisions focused on government clients: MCCi (Municipal Code Corporation Innovations) and MCCAdvantage. Business main location: 1700 Capital Circle, SW Tallahassee, FL or Incorporation Date: March 1951 Current Code Accounts Serviced: over 3,000 Divisions: Project Contact Persons: MCCi - Document Management and Agenda Automation MCCa - Utility Billing and Statement Processing Danielle Galvin, Vice President - Marketing Bill Sweeney, Vice President - Codes Eric Grant, Vice President - Supplements Person nel/offices The entire corporate staff consists of approximately 190 employees, including 9 attorneys, 35 editors, and 46,000 square feet of floor space. We have regional offices in Portage, Michigan; Fort Worth and Edinburg, Texas; and Seattle, Washington and our main office in Tallahassee, Florida. All editing and printing is done on our premises. This enables us to control each project from beginning to end with no part being subcontracted. Key personnel are available to answer questions during any phase of the project and to assure quality control in all aspects of publication, document management, and utility billing. (1) Legal: Key Personnel Assigned to Project Bill Sweeney, Vice President - Codes B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM); United States Army Judge Advocate General's School. Bill will have overall supervision of the project. Mr. Sweeney will assign the MCC code attorney, who will conduct a thorough legal review to identify any inconsistencies or conflicts between ordinances and any conflicts with state law, send the municipality a legal manuscript that identifies these inconsistencies and conflicts, and make recommendations on how to proceed. The attorney will then contact the municipality to set up a conference to discuss these issues. (2) Project Coordinators: Danielle Galvin, Vice President - Marketing B.S., Marketing, University of Central Florida; M.B.A., Administration, Northern Illinois University; Tallahassee Community College Extended Studies: HTML, C++, Effective Oral Communications, Managing Technology. 20 years of Project Management/Customer Service Experience. Danielle has wo~ked with MCC for over 14 years. She is Office Manager and has primary responsibility for initial project setup, coordinating details during project and transition to supplementation.

114 Dale Barstow, Vice President of Sales Pilot of MCC's Corporate Airplane; Graduate from Emery Riddle Aeronautically University; Honorary City Clerk in 5 States; Municipal Clerk's Education Foundation President; Continuing Education - Dale Carnegie Sales Training; Speaker for over 35 conferences. 36 years experience in Client sales. Dale meets with our customers to ensure face to face communication and coordination. (3) Supplementation: W. Eric Grant, Vice President - Supplements B.S., United States Naval Academy; M.A. Georgetown University School of Foreign Service J.D., University of Virginia, Member of Florida Bar. Supervisor of electronic teams. MCC has deployed a team concept. This type of organization structure allows for complete communication, reduces the turn-around time for publication, and assures greater accuracy. Since each team is comprised of three editors and one proofreader, it allows for what we call "bench depth" - there is always a backup person. Janet Randell, Supplement Customer Service Representative A.A., Business Administration, Western International University; 15 + years of Customer Service Experience. Janet has worked with MCC for three years. She is the Customer Service Representative for the Supplement Department serving as a direct point of contact for customers. She's responsible for ensuring that the company's customers receive an adequate level of service or help with their questions and concerns. (4) Indexing: Joy Luczynski, Indexing Supervisor A.A., Calhoun Community College; Paralegal Technology; Member of American Society of Indexers. 8 years of experience in indexing Codes. Will provide oversight and technical assistance for initial editorial preparation of the Index and updating the Index through the Supplement Service. (5) Information Technology: Phillip Claiborne, Chief Information Officer B.S., Management Information Systems, Florida State University; MBA, University of Florida; CompTIA Certified A+, Net+, Security+, Microsoft Certified Systems Administrator. 10 years of extensive experience supporting, designing and administering corporate network environments. Matt Farley, Systems Administrator AA, Tallahassee Community College, Currently obtaining BA in IT at FSU. 2.5 years of systems/network management experience. Elliot Haworth, Web Developer B.A., Computer Science, Mercer University. 5 years of experience desktop application programming and developing web based applications. Stacy Corry, Digital Art Director Flagler College, Glendale College, Tallahassee Community College. 10 years experience as a graphic designer; 7 years as director of Municipal Code's graphics department. 20 years of experience as a technical writer and technical support liaison. Law Editorial Staff Bill Sweeney, B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM) United States Army Judge Advocate General's School; Vice President of Code Department with over 20 years experience in legal research and litigation. Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; more than 30 years of experience in local government law; Member of Florida Bar. Alyce has completed over 600 codes and various other legal projects throughout the United States, including Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin, and Wyoming.

115 William J. Carroll Jr., B.S., Penn State University; J.D., Florida State University; more than 35 years of experience in local government law; Member of Florida Bar. Bill has completed hundreds of codes and legal projects throughout the United States including codes in Arkansas, Colorado, Florida, Indiana, Illinois, Kansas, Louisiana, Maine, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, Pennsylvania, South Dakota, Texas, Virginia, and Wyoming. Roger D. Merriam, B.A., Mercer University; J.D., Emory University; more than 35 years of experience in local government law; Member of Florida Bar. Roger has completed Codes in multiple states including Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University College of Law; 8 years of private practice; 8 years of experience in local government law; Member of Florida and South Carolina Bars. Also admitted to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Armed Forces. Dan has completed Codes in Illinois, Louisiana, Mississippi, North Carolina, South Carolina, Texas and West Virginia. Jim C. Jenkins, II, BA, Eckerd College; J.D., University of Maryland School of Law; Former Appellate Attorney and Trial Prosecutor for the Kings County District Attorney's Office, Brooklyn, NY; 10 years of experience in complex legal research and litigation; 3 years of experience in local government law. Jim has completed Codes in Alabama, Georgia, Louisiana, Texas, and Wisconsin. Sandra S. Fox, B.A, Florida State University; J.D., Florida State University; 9 years of experience in legal research and writing. Sandra has completed Codes in Georgia, Illinois, Michigan, Minnesota, Oklahoma, Missouri, Texas, and Wisconsin. Michael E. Raabe, BA California State University at Fullerton; MUS, Florida State University; J.D. Western State University. Former Associate Dean of Chapman University College of Law; 20 year's experience in civil and appellate law; one year experience in local government law. Mike has completed Codes in Georgia, North Carolina, and Louisiana. Mary McEwen, BA, University of Florida; J.D., Florida State University; 2 years of experience in legal research and writing; Member of Florida Bar. Mary has completed Codes and legal projects in many states; primary emphasis in Florida and Georgia. Sales Staff Alicia Bywaters, National Sales Support/Customer Service. Alicia has been with MCC for 8 years. She provides sales and customer service to all of our clients. Alicia also provides assistance to new customers and to customers with new projects. Faye Creel, Sales Representative for Florida, Mississippi, Georgia, South Carolina, and Louisiana. with MCC for over 10 years. Faye has worked Elen Fox, Regional Representative for Minnesota, Michigan, Wisconsin, Indiana, and Illinois. B.S., Education, Western Michigan University; School teacher for 7 yrs.; Former Owner/Sales Manager of Ordinance Systems, a Michigan company compiling municipal ordinances which was sold to Municipal Code Corporation in 1987; Elen has been a part of MCC for 21 years. Stefanie Graves, Sales Support. B.S. Economics, Florida State University. Eleven years of customer service experience, including eight years at MCC. Provides direct support to municipal clients and prepares proposals for services to current and potential clients. Has extensive knowledge of Code-related services and products. Jenny Haverland, National Conference Coordinator. 20 years experience in Sales Administrative support prior to Municipal Code. Jenny has worked with Municipal Code for 6 years and is responsible for all aspects of Conference Exhibit Events, Advertising & Memberships to Associations.

116 McAlester City Council AGENDA REPORT Meeting Date: Department: Prepared By: Date Prepared: August 10,2010 Item Number: 6 Finance GaylaDuke Account Code: August 3, 2010 Budgeted Amount: Exhibits: Subject Financial Reports for year ending June 30, Recommendation Discussion Approved By Department Head City Manager Initial GDD Date P. Stasiak 08/03/10 Page 1 of 1

117 :30 PM CITY OF McALESTER PAGE: PRIOR YeAR encumbrance FINANCIAL (UNAUDITeD) AS OF:JUNE 30TH, GENERAL FUND FINANCIAL SUMMARY OF YEAR COMPLeTED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGeT OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXeS 10,455, , ,004, ,450, LICENSES AND PERMITS 112, , , , GRANTS 30, , , ) CHARGES FOR SERVICES 916, , ,154, ,901.51} FINES AND FORFEITURES 856, , , , MISCELLANEOUS 359, , , ,327.75) TRANSFeRS 2,887, , ,887, est IMATED BEG BALANCe 244, , ~ TOTAL REVENUES 15,861, ,612, ,449, ,412, EXPENDITURE SUMMARY 101-CITY COUNCIL 136, , , , , CITY MANAGER 185, , , , FINANCE 258, , , , CITY CLeRK 73, , , , MUNICIPAL COURT 173, , , , CITY ATTORNEY 142, , , , INFORMATION SERVICES 126, , , , CID CRIMINAL INVEST 834, , , , PATROL 2,660, , ,584, , , ANIMAL CONTROL 97, , , , COMMUNICATIONS 177, , , , FIRE 3,157, , ,108, , E M S 45, , , , PARKS 896, , , , SWIMMING POOL 125, , , , RECREATION 237, , , , CEMETERY 321, , , , FACILITY MAINTENANCE 299, , , , , PLANNING & COMM DEV 355, , , , HUMAN RESOURCES/RISK 142, , , , FLEET MAINTENANCE 674, , , , , TRAFFIC CONTROL 231, , , , STREETS 904, , , , , INTERDEPARTMENTAL 2,663, , ,454, , ~ TOTAL EXPENDITURES 14,921, ,230, ,859, , ,015, REVENUE OVER/(UNDER) EXPENDITURES 940, , , ( 46,

118 : 30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL IUNAUDITED) AS OF:JUNE 30TH, MPWA FINANCIAL SUMMARY OF YEAR COMPLETED; CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY GRANTS 320, , , CHARGES FOR SERVICES 8,050, , ,228, ,847.33) MISCELLANEOUS 4, , , TRANSFERS 140, , , ESTIMATED BEG BALANCE 1,727, ,727, ~ TOTAL REVENUES 10,243, , ,308, ,935, ====00;========= ===:::========= ===:0:::======== ==:=========== ============ :=<====""==;;;;==== EXPENDITURE SUMMARY 216-UTILITY BILL & COLL 365, , , , FLEET MAINTENANCE 692, , , , , LANDFILL 374, , , , REFUSE COLLECTION 774, , , , ENGINEERING 421, , , , , UTILITIES ADMIN DEPT 141, , , WASTEWATER TREATMENT 786, , , , WATER TREATMENT 1,431, , , , , , UTILITY MAINTENANCE 626, , , , INTERDEPARTMENTAL 3,965, , ,764, , TOTAL EXPENDITURES 9,579, ,212, , ,520, , ,010, ===:::========= ============ ===:======='" ===:========== ============ "'============ REVENUE OVER/IUNDER) EXPENDITURES 664, I 472,707.59) 10, ( 212,391.76)1 59,632.09)

119 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF:JUNE 30TH, AIRPORT AUTHORITY FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY CHARGES FOR SERVICES 89, , , ,669.79) MISCELLANEOUS 1, O. 00 1, TRANSFERS 125, , , ESTIMATED BEG BALANCE 71, , ~ TOTAL REVENUES 287, , , , =,=,,=========== ==========""'''' =0:::0;;========= ============= ============ =========;;==== EXPENDITURE SUMMARY 876-AIRPORT 238, , , , ~ TOTAL EXPENDITURES 238, , , , ===:",,======:= ============ =======. ==== ===:;o=====c::;=== ============ =======""===== REVENUE OVERI (UNDER) EXPENDITURES 48, , ,

120 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF:JUNE 30TH, PARKING AUTHORITY FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY CHARGES FOR SERVICES ESTIMATED BEG BALANCE 7, O. 00 7, , O , ~ TOTAL REVENUES 22, , O , ============;: ======c:o;o;;;===:= :::;;========== ============== =========,=,== ==========0;;;== EXPENDITURE SUMMARY 218-PARKING LOT OPER. 3, , , ~ TOTAL EXPENDITURES 3, , O. 00 1, ========== ==========;=== ======;====== ""====::0======= ============ =======""====:= REVENUE OVER/(UNDERI EXPENDITURES 19, ,

121 : 30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF: JUNE 30TH, NUTRITION FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY GRANTS MISCELLANEOUS TRANSFERS 72, , , , ) , , , ~ TOTAL REVENUES 263, , , , ===",,========= ==========="" ============ ===========:== '="'=========== ="'=========== EXPENDITURE SUMMARY 549-NUTRITION 263, , , , ~ TOTAL EXPENDITURES 263, , , , ==========="""'" ====""======"" =========:== ============= ============ ======='=====:::0 REVENUE OVER/IUNDER) EXPENDITURES

122 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF:JUNE 30TH, LANDFILL RES./SUB-TITLE FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY CHARGES FOR SERVICES 324, , , I 26,365.45) TOTAL REVENUES 324, , , ,365.45) EXPENDITURE SUMMARY 864-LANDFILL 324, , , , , ~ TOTAL EXPENDITURES 324, , , , , :0"",=========="" ========:==== ============ ============== 0::==========;= ======="====== REVENUE OVER/IUNDER) EXPENDITURES 0.00 ( 65,915.65) , ( 4,014.00)

123 : 30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF:JUNE 30TH, JUVENILE FINE/RESERVE FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE SU DGET REVENUE SUMMARY FINES AND FORFEITURES 15, , , ,009.74) ESTIMATED BEG BALANCE 38, , ~ TOTAL REVENUES 53, , , , "";'"":::;====:::;==::= ============ ============ =========;=== =====,======= =o;;;c========;==:= EXPENDITURE SUMMARY 323-NARCOTICS 58, , , ~ TOTAL EXPENDITURES 58, , , ;=:::;===:::;""====== ==:::;;==:::;===== =;;;;;=:::;:::;====== =====:::;======= =:::;========== ==,=,=======c::=== REVENUE OVER/ (UNDER) EXPENDITURES 5,182.00) 1, ( 33,927.76)

124 : 30 PM CITY Of McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS Of:JUNE 30TH, POLICE GRANT FUND FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY GRANTS 47, , TRANSFERS 6, , ~ TOTAL REVENUES 54, , ============= =======""==== ===;===::0""=== ============= ====="======= ===-"'========= EXPENDITURE SUMMARY 321-PATROL 54, , , , ~ TOTAL EXPENDITURES 54, , , , ============= =="'====='='=== =========="""" ========"'==== =:=="'======== ============,,= REVENUE OVER/ (UNDER) EXPENDITURES 0.00 ( ) 0.00 ( 40,043.49) ( 1,827.60)

125 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF: JUNE 30TH, STATE FORFEITURE FUND FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY MISCELLANEOUS O ) O. 00 ESTIMATED BEG BALANCE O. 00 O TOTAL REVENUES O ) EXPENDITURE SUMMARY 323-NARCOTICS 50, O , O , ~ TOTAL EXPENDITURES 50, O. 00 O. 00 3, , ============= ======,=,===:=:= ===""======== 0::===========0::== =""""=""======::= ===:=========== REVENUE OVER/(UNDER) EXPENDITURES 50, O. 00 ( 3, ) O

126 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF: JUNE 30TH, FIRE IMPROVEMENT GRNT FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-O BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY GRANTS TRANSFERS 22, O , O. 00 o O ~ TOTAL REVENUES 22, O. 00 O , o =,=,,=========== =""========== ============ =::======:====c::=== 0:====:0=====>'== ==="""========= EXPENDITURE SUMMARY 431-FIRE 22, o , "0".-'0"'0~ TOTAL EXPENDITURES 22, , o

127 :30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF:JUNE 30TH, EDUCATIONAL FUND FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,096, , , , MISCELLANEOUS 10, , , ESTIMATEO BEG BALANCE 522, , ~ TOTAL REVENUES 1,629, , , , ============= =======""==== ============ ====;========= =0======""==== ============= EXPENDITURE SUMMARY 211-FINANCE 842, , , , ~ TOTAL EXPENDITURES 842, , , , =;========="""" ======:"'==== '=:========== ===""========= ============ ============== REVENUE OVER/ (UNDER) EXPENDITURES 787, , ,

128 : 30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUM8RANCE FINANCIAL (UNAUDITEDI AS OF:JUNE 30TH, SE EXPO CTR/TOURISM FUND FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 480, , , , CHARGES FOR SERVICES 149, , , , ESTIMATED BEG BALANCE 464, , ~ TOTAL REVENUES 1,093, , , , """"=====;====== ====+======== =======::==="""" ============= ============ ============= EXPENDITURE SUMMARY 654-S.E. EXPO 682, , , , ~ TOTAL EXPENDITURES 682, , , , ============= ============ 0::=========;;==== ====,========= ============ ===="'====""""== REVENUE OVER/ (UNDER 1 EXPENDITURES 410, ( 21, ( 16,

129 : 30 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF: JUNE 30TH, E-911 FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % Of BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 692, , , O.DO 36, GRANTS 47, O.DO 0.00 D.OO 47, MISCELLANEOUS ) 0.00 ESTIMATED BEG BALANCE 500, , ~ TOTAL REVENUES 1,240, , , , =:;=;;====::;;===== =========",;== ======;======0 ==:=========; ===;======== ======="'===== EXPENDITURE SUMMARY 324 -COMMUNICATIONS 1,055, , , , , ~ TOTAL EXPENDITURES 1,055, , , , , ==""========== ======""===== ======c====== ============= ==========:== ============= REVENUE OVER/(UNDER) EXPENDITURES 184, ( 28, ( 19, ( 95,000.00)

130 :30 PM CITY Of McALESTER PAGE: PEIOR YEAR ENCUMBRANCE financial (UNAUDITED) AS Of:JUNE 30TH, ECONOMIC DEVELOPMENT financial SUMMARY % Of YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % Of BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES MISCELLANEOUS TRANSFERS ESTIMATED BEG BALANCE 1,096, , , , , , , , , , , I ,441, ,441, ~ TOTAL REVENUES 2,993, , ,533, ,460, ============= ============ ============ ==::==0=======0:;0== ============ ============= EXPENDITURE SUMMARY 211-fINANCE 652-PLANNING & COMM DEV 1,681, , ,512, , , , , , , ~ TOTAL EXPENDITURES 1,898, , ,579, , , ==="'========== =O:============' ============ ===========c::==o ============ ============= REVENUE OVER/(UNDER) EXPENDITURES 1,094, ( 26,514.01) 0.00 ( 46,422.31) ( 119,849.22)

131 :31 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL IUNAUDITED) AS OF:JUNE 30TH, GIFTS & CONTRIBUTIONS FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY MISCELLANEOUS 62, , , TRANSFERS 89, , , ~O~.~O~O~Q TOTAL REVENUES 151, , , ) EXPENDITURE SUMMARY 215-INTERDEPARTMENTAL 148, , , , , ~ TOTAL EXPENDITURES 148, , , , , """,,=:=========== ============ "'"=========== ============= ====0:;:0=====0::=== =""""'========== REVENUE OVER/IUNDER) EXPENDITURES 3, I 2, , ( 3,550.00)

132 : 31 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS OF: JUNE 30TH, CDBG GRANTS FUND FINANCIAL SUMMARY % OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY GRANTS 90, , TRANSFERS 90, , ~ TOTAL REVENUES 181, , , =====-======="" ============ =""======;=== ==::0=========== ============ ============= EXPENDITURE SUMMARY 87l-ENGINEERING 181, , TOTAL EXPENDITURES 181, , ============= ============ ============ ======"======= ===========;: ============= REVENUE OVER! (UNDER) EXPENDITURES ,

133 :31 PM CITY OF McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL IUNAUDITE:DI AS OF:JUNE 30TH, DEDICATED SALES TAX-MPWA FINANCIAL SUMMARY OF YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 4,386, , ,677, , MISCELLANEOUS 13, , , ESTIMATED BEG BALANCE 1,727, ,727, ~ TOTAL REVENUES 6,126, , ,693, ,433, ====""======== ==""========= =,=========== ============= =:=========== ======.. ",,===== EXPENDITURE SUMMARY 215- INTERDEPARTMENTAL 3,327, , ,327, ~ TOTAL EXPENDITURES 3,327, , ,327, ==00======""==== ======""",,==::== ============ ====,========= ============ ============= REVENUE OVER! (UNDER) EXPENDITURES 2,799, , ,

134 : 31 PM CITY Of McALESTER PAGE: PRIOR YEAR ENCUMBRANCE FINANCIAL (UNAUDITED) AS Of:JUNE 30TH, EMERGENCY fund FINANCIAL SUMMARY % Of YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % Of BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY MISCELLANEOUS 25, , , ,300.65) TRANSfERS 200, , , ESTIMATED BEG BALANCE 3,375, ,375, ~ TOTAL REVENUES 3,600, , , ,532, ============== ======0:=====::= =========;0;== =====::======= ============ ============= EXPENDITURE SUMMARY =====:======= =:::===;======"" ==="",,,,,===::0=,,,,= ============= =========:=== ======:======", REVENUE OVER/IUNDER) EXPENDITURES 3,600, , ,

135 : 31 PM CITY OF McALeSTeR PAGe: PRIOR YeAR encumbrance E'!NANCIAL (UNAUDITSD) AS OF: JUNE 30TH, CIP FUND FINANCIAL SUMMARY % OF YEAR COMPLETED: CURReNT CURReNT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PeRIOD PO ADJUST. ACTUAL encumbrance BALANCe BUDGeT ReVeNUe SUMMARY MI SCELLANEOUS 5, , , TRANSFERS 975, , ,000, , ) estimated BEG BALANCE 384, , ~ TOTAL ReVENUES 1,364, , ,002, , ============= ============= ========"""== :==========:== ==""====,=,,,==== ====:=====,=== EXPENDITURE SUMMARY 2l0-CITY MANAGER 60, , FIRe 27, , , TRAFFIC CONTROL 23, , STREETS 113, , , , , INTeRDePARTMeNTAL 1,147, , , , , ~ TOTAL EXPeNDITURES 1,370, , , , ,067, =0:::=========== "",========0;=== ============ ============= ============ ==,============ REVENUE OVER/ (UNDER) expenditures 5,643.00)( 7,225.14) , ( 96,856.49) ,

136 :31 PM CITY Of McALESTER PAGE: PRIOR YEAR ENCUMBRANCE financial (UNAUDITED) AS Of: JUNE 30TH, federal forfeiture fund financial SUMMARY % Of YEAR COMPLETED: CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET Of BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY FINES AND FORfEITURES ESTIMATED BEG BALANCE o , , ) , o o. 00 8, ~ TOTAL REVENUES 8, O , , "'''''==0====''''==== "'=======:0""=== ======""====== =============== ======"0===== ""======""""==='= EXPENDITURE SUMMARY 323-NARCOTICS 8, , TOTAL EXPENDITURES 8, , REVENUE OVER! (UNDER) EXPENDITURES ( 1,664.21) ,

137 McAlester City Council AGENDA REPORT Meeting Date: August 10,2010 Item Number: 7 Department: Finance Prepared By: GaylaDuke Account Code: Date Prepared: August 3, 2010 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, an Ordinance amending Ordinance No which established the budget for fiscal year ; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. Recommendation Motion to approve the budget amendment ordinance. Discussion The budget amendment ordinance is necessary to cover proposed revenue and/or expenditures not included in the budget for this fiscal year. (See attached List) Department Approved Head By Initial ODD Date 08/03/10 City Manager P. Stasiak 08/03/10 Page 1 of 1

138 CITY OF MCALESTER FY Budget Amendments BA# Revenue Expense 001 7/28/09 Gen. Fund Various, court fees to CIP 4, , /11/09 Gen. Fund Parks Donations 20, , /8/09 Gen. Fund Elevator Contract 4, /8/09 Gen. Fund Fair Donations 5, , /22/09 Gen. Fund Replace AC unit 36, /13/09 Gen. Fund Transfer funds for Fire Grant * /13/09 Gen. Fund Street repairs - "A" Street 28, , /13/09 Gen. Fund Street repairs - "0" Street 13, , /10/09 Gen. Fund Tft to new fund - gifts/contributions (20,000.00) (127,957.00) /24/09 Gen. Fund Tfr to Fund 32, Airport, from #30 21, , /21/09 Gen. Fund Budget Reductions (105,616.00) /21/09 Gen. Fund Budget Reductions (105,493.00) /21/09 Gen. Fund Budget Reductions (63,064.00) /21/09 Gen. Fund Budget Reductions & Tfr Gifts/Con (150.00) (67,952.00) 042 1/12/10 Gen. Fund Water Treatment Plant Improve. 640, , /26/10 Gen. Fund Corr. Tfr. To Nutrition & firefighter (20,038.00) 051 2/9/10 Gen. Fund Carolyn Hearod Settlement 70, , /9/10 Gen. Fund Move funds to Repayment Fund * 059 4/27/10 Gen. Fund Reimbursements & corrections 41, , /25/10 General Fund Reimbursement & Tfr. Funds 6, , /22/10 General Fund Transfer from MPWA 437, /30/10 General Fund Transfer to Gifts & Contributions 3, /30/10 General Fund Approp Tfr from MPWA & Tfr. 24, , /30/10 01 General Fund Appropriate Fund Bal - Tfr 1,000, ,500, ,293, ,935, /8/09 MPWA Moving Expense 3, /13/09 MPWA Emergency street repairs - gen 41, /21/09 MPWA Civil Em Mgmt & Tfr to G & C 4, , /21/09 MPWA Budget Reductions (69,790.00) /21/09 MPWA Budget Reductions (81,881.00) 041 1/12/10 MPWA Water Treatment Plant Improve. 541, /12/10 MPWA Water Treatment Plant Improve. 431, , /9/10 MPWA Damages appropriation 42, /27/10 MPWA Damages - Lawsuit Settlement 22, /25/10 MPWA Damages appropriation 12, /22/10 MPWA Transfer to General Fund 437, /30/10 MPWA Approp. Raw Water Sales & Tfr. 24, , /30/10 02 MPWA Appropriate Fund Bal - Tfr 1,000, , ,410, /8/09 Airport Authority Fuel Tanks 10, /24/09 Airport Authority Fuel Lines 4, , /21/09 Nutrition Budget Reductions (24,788.00) (24,788.00) 055 3/9/10 Nutrition Transfer funds for grant match * (24,788.00) (24,788.00) 066 5/25/10 Retirement Fund Expenditures for Retirees, etc. 51, , /9/10 Juvenile Fund Skate Park Expansion 50, /22/09 Police Grants Grant split with county 40, , /11/09 State Forfeiture Appropriate supplies from forfeit. 50, Page 1 of 2

139 CITY OF MCALESTER FY Budget Amendments BA# Revenue Expense 002 7/28/09 Fire Imp. Grant Truck from grant 22, , /13/09 Fire Imp. Grant Addt'l needed for truck , , /12/10 Cemetery Care Fund Purchase Truck 22, /8/09 Expo Elevator Contract 2, /22/09 Expo Insurance 6, /21/09 Expo Budget Reductions (34,937.00) (26,067.00) 065 5/25/10 E-911 Fund Grant for workstation 47, , /28/09 Econ Dev. Sewer project & Econ Dev. 230, , /11/09 Econ Dev. Sewer Change Order 20, , /13/09 Econ Dev. Reimbursement Revenue rec'd 9, , /24/09 Econ Dev. Transfer funds to General Fund 21, /21/09 Econ Dev. Budget Reductions (42,391.00) 261, , /10/09 Gifts & Contributions New Fund 127, , /21/09 Gifts & Contributions Transfer from Gen Fund & MPWA (2,440.85) (2,440.85) 050 2/9/10 Gifts & Contributions Skate Park Expansion 10, , /12/10 Gifts & Contributions Tree donations & water bills 1, , /22/10 Gifts & Contributions Appropriate Donations 1, , /30/10 Gifts & Contributions Appropriate Tfr & Contribution 13, , , , /10/09 CDBG Grant Appropriate grant & match 181, , /21/09 Dedicated Sales Tax Correct Budget - not appr by vote (2,208,000.00) 047 2/9/10 Dedicated Sales Tax Bond Payments 85, /30/10 Dedicated Sales Tax Expenditures for arbitrage (2,122,110.00) /10/09 CIP Fund Tfr grant match 90, /12/10 CIP Fund Water Treatment Plant Improve. 640, , /26/10 CIP Fund Filters for water treatment 24, /9/10 Repayment (CIP) Hwy 69 Utility Relocate 41, , /9/10 Repayment (CIP) Capital Outlay Projects 174, , /12/10 Repayment (CIP) Tft for Wtr. Trmt. Plant Impr. 90, /27/10 Repayment (CIP) Traffic Control equipment 23, , /25/10 Repayment (CIP) Purchase Truck 95, , , ,370, /11/09 Federal Forfeiture Appropriate supplies from forfeit. 8, *= Wash, in Page 2 of2

140 ORDINANCE NO. AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR ; REPEALING ALL CONFLICTING ORDINANCES; PROVID- ING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council heretofore adopted Ordinance No setting forth the Budget for Fiscal Year beginning July 1, 2009 and ending June 30, 2010; and WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and WHEREAS, the City Council has the authority to make amendments to the City Budget under Article 5, Section 5.07 (b) of the new City Charter as well as State law; and WHEREAS, the City Council has determined that the proposed amendment to the FY Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF McALESTER, OKLAHOMA: SECTION 1: The proposed amendment to the FY Budget of the City of McAlester, Oklahoma, as heretofore adopted by Ordinance, as summarized in Exhibits Al through A2, which are attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as an amendment to the said FY Budget. SECTION 2: All portions of the existing FY Budget, Ordinance No except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION 3: That all other ordinances in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other ordinances not in conflict herewith shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the