Regular Meeting Agenda Revised Tuesday, June 10, :00 pm McAlester City Hall Council Chambers 28 E. Washington

Transcription

1 McAlester City Council NOTICE OF MEETING Regular Meeting Agenda Revised Tuesday, June 10, :00 pm McAlester City Hall Council Chambers 28 E. Washington Steve Harrison... Mayor Weldon Smith... Ward One John Titsworth... Ward Two Travis Read, Vice Mayor... Ward Three Robert Karr... Ward Four Buddy Garvin... Ward Five Jason Barnet... 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 ROLL CALL 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 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 2 of 10 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 May 13, 2014, Regular Meeting of the McAlester City Council. (Cora Middleton, City Clerk) B. Approval of the Minutes from the May 19, 2014, Special Meeting of the McAlester City Council C. Approval of the Minutes from the May 22, 2014, Special Meeting of the McAlester City Council. D. Approval of Claims for May 21, 2014 to June 3, (Toni Ervin, Chief Financial Officer) E. Consider, and act upon, authorizing the Mayor to sign a contract between the City of McAlester and the Oklahomans for Independent Living for funding in the amount of $21,600. (Peter J. Stasiak, City Manager) F. Consider, and act upon, authorizing the Mayor to sign a contract between the City of McAlester and Main Street Association for funding in the amount of $25,200. (Peter J. Stasiak, City Manager) G. Consider, and act upon, authorizing the Mayor to sign a contract between the City of McAlester and Pride-in-McAlester for funding in the amount of $54,000. (Peter J. Stasiak, City Manager) H. Consider, and act upon, authorizing the Mayor to sign a contract between the City of McAlester and Junior Sunbelt Classic for 2015 funding in the amount of $15,000. (Peter J. Stasiak, City Manager) I. Consider, and act upon, authorizing the Mayor to sign a City County Agreement for a Joint Civil Defense/Emergency Management Administration between the Board of County Commissioners of Pittsburg County of Oklahoma and the City of McAlester for funding in the amount of $42,500. (Peter J. Stasiak, City Manager) J. Ratify and approve application and participation agreement with Lincoln National Life Insurance Company for Long Term Disability Insurance for full time regular employee for a period of July 1, 2014 through June 30, (Toni Ervin, CFO) K. Consider, and act upon, authorizing the Mayor to sign an Annual Engagement Letter with Crawford & Associates, P.C., for the period of July 1, 2014 through June 30, (Toni Ervin, CFO)

3 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 3 of 10 L. Consider, and act upon, authorizing the Mayor to sign an agreement between City of McAlester and the Blackboard Connect, Inc. to provide a fully hosted alert notification system for emergency notifications, by way of a Master Agreement dated September 16, (Shawn Smith, E-911 Manager) M. Consider and act upon a request from the Pittsburg County Chapter NAACP to use the Michael J. Hunter Park, 14 th and Chickasaw, Oklahoma on Saturday, June 21, 2014 from 8:00am until 5:00 p.m. to hold the Juneteenth Celebration. (Miller Newman, President, Pittsburg County Chapter NAACP) N. Concur with Mayor s Appointment of Heather Para, 1102 S. 2 nd Street, McAlester, to the McAlester Library Advisory Board for an unexpired term ending December, (Steve Harrison, Mayor) O. Consider, and act upon, concurrence with Oklahoma Municipal Assurance Group recommendation to deny Claim No TW. (Cora Middleton, City Clerk) P. Consider, and act upon, a Pledge and Guarantee document which authorizes the annual renewal of the City of McAlester s Participation Agreement with the Association for Landfill Financial Assurance (ALFA). (John C. Modzelewski, City Engineer/Public Works Director) Q. Consider, and act upon, authorization of payment to Bank of America Merrill Lynch, Global Custody and Agency Services, Attention: Val Opperman, escrow agent for Austin Paving, LLC, in the amount of $57, for Pay Estimate 3,, for construction services related to CIP#1 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director) R. Consider, and act upon, authorization of payment to Oklahoma Department of Environmental Quality, in the amount of $1,454.59, for water and sewer permit fees related to CIP#2 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director) S. Consider, and act upon, authorization of payment to Mehlburger Brawley, Invoice No. MC , in the amount of $38,725.00, for engineering services related to CIP#3 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director) 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.

4 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 4 of 10 A PUBLIC HEARING ON THE PROPOSED FY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SMALL CITIES GRANT; PROPOSED WATER PROJECT. TO RECEIVE PUBLIC COMMENT ON CITY OF MCALESTER PROPOSED FISCAL YEAR ANNUAL OPERATING BUDGET. AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF McALESTER, OKLAHOMA FOR THE FISCAL YEAR AN ORDINANCE OF THE CITY OF MCALESTER WITH PROPOSED AMENDMENTS TO THE MCALESTER CITY CHARTER, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROPOSED CHANGES TO THE QUALIFIED REGISTERED VOTERS OF THE CITY OF MCALESTER; AND CONSIDER AND ACT TO APPROVE A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE PROPOSED CHARTER CHANGES TO THE QUALIFIED ELECTORS OF THE CITY, AND AUTHORIZING THE ISSUANCE OF A PROCLAMATION FOR THE ELECTION REGARDING THE PROPOSITIONS TO CHANGE THE MCALESTER CITY CHARTER CONSIDER, AND ACT TO APPROVE AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF MCALESTER, AMENDING ARTICLE IV. HOTEL TAX, SECTION (A); IMPOSITON OF TAX; EXEMPTIONS; BY INCREASING THE TAX PERCENT FROM FOUR TO SIX PERCENT; AND AMENDING SECTION (1), (2) AND (3); PURPOSE OF REVENUES, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROPOSED CHANGES TO THE QUALIFIED REGISTERED VOTERS OF THE CITY OF MCALESTER; AND CONSIDER AND ACT TO APPROVE A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE PROPOSED CODE CHANGES TO THE QUALIFIED ELECTORS OF THE CITY, AND AUTHORIZING THE ISSUANCE OF A PROCLAMATION FOR THE ELECTION REGARDING THE PROPOSITIONS TO CHANGE THE MCALESTER CITY HOTEL/MOTEL TAX. SCHEDULED BUSINESS 1. Union Pacific Safety presentation and general discussion. (Stephen W. Lazzari, Manager of Public Safety, Union Pacific Railroad) Executive Summary Discussion only.

5 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 5 of Consider, and act upon, Adopting Citizen s Participation Plan for FY-2014 CDBG Project. (Millie Vance, Millie Vance, Inc.) Executive Summary Motion to approve Citizen s Participation Plan for FY-2014 CDBG Project. 3. Consider, and act upon, Adopting a Resolution to Apply for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Executive Summary Motion to approve adopting the resolution to Apply for the FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. 4. Consider, and act upon, Adopting a Resolution to Leverage (Matching) funds for FY CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Executive Summary Motion to approve to Leverage (Matching) funds for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. 5. Consider, and act upon Adopting a Residential Anti-Displacement Plan for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Executive Summary Motion to approve a Residential Anti-Displacement Plan for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. 6. Consider, and act upon, Adopting Contract with Millie Vance Incorporated to prepare FY-2014 CDBG grant application and administer project. (Millie Vance, Millie Vance, Inc.) Executive Summary Motion to approve to Contract with Millie Vance Incorporated to prepare FY-2014 CDBG grant application and administer project. 7. Reading of CDBG Proclamation supporting and encouraging Fair Housing practices. (Millie Vance, Millie Vance, Inc.) Executive Summary A Reading of the Proclamation supporting and encouraging Fair Housing practices. 8. Discussion regarding, request from Ms. Connie J. Davis-Counts to waive the 90 day period to hold another dirt event at the SE Expo in October (Jerry Lynn Wilson, Expo Center Manager) Executive Summary Discussion of request from Ms. Connie J. Davis-Counts.

6 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 6 of Consider, and act upon, an Ordinance adopting the budget of the City of McAlester, Oklahoma, for the fiscal year ; providing for severability clause; and declaring an emergency. (Toni Ervin, CFO and Peter J. Stasiak, City Manager) Executive Summary Motion to approve an Ordinance adopting the budget for fiscal year and declaring an emergency. 10. CONSIDER AND ACT TO APPROVE AN ORDINANCE OF THE CITY OF MCALESTER WITH PROPOSED AMENDMENTS TO THE MCALESTER CITY CHARTER, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROPOSED CHANGES TO THE QUALIFIED REGISTERED VOTERS OF THE CITY OF MCALESTER; AND CONSIDER AND ACT TO APPROVE A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE PROPOSED CHARTER CHANGES TO THE QUALIFIED ELECTORS OF THE CITY, AND AUTHORIZING THE ISSUANCE OF A PROCLAMATION FOR THE ELECTION REGARDING THE PROPOSITIONS TO CHANGE THE MCALESTER CITY CHARTER. (William J. Ervin, City Attorney) Executive Summary Motion to approve an Ordinance proposing amendments to the City of McAlester Charter. 11. CONSIDER, AND ACT TO APPROVE AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF MCALESTER, AMENDING ARTICLE IV. HOTEL TAX, SECTION (A); IMPOSITON OF TAX; EXEMPTIONS; BY INCREASING THE TAX PERCENT FROM FOUR TO SIX PERCENT; AND AMENDING SECTION (1), (2) AND (3); PURPOSE OF REVENUES, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROPOSED CHANGES TO THE QUALIFIED REGISTERED VOTERS OF THE CITY OF MCALESTER; AND CONSIDER AND ACT TO APPROVE A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE PROPOSED CODE CHANGES TO THE QUALIFIED ELECTORS OF THE CITY, AND AUTHORIZING THE ISSUANCE OF A PROCLAMATION FOR THE ELECTION REGARDING THE PROPOSITIONS TO CHANGE THE MCALESTER CITY HOTEL/MOTEL TAX. (Cora Middleton, City Clerk) Executive Summary Motion to approve an Ordinance proposing changes to the City of McAlester Hotel/Motel Tax rate and use. 12. Discussion, and possible action, on approval of certain costs related to the Fire Department. Funds to be used from the City of McAlester s Fire Department s portion of the county quarter cent excise tax for fire services. (Brett Brewer, Fire Chief) Executive Summary Motion to approve purchase of fire hose and equipment.

7 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 7 of 10 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 (Peter J. Stasiak) Report on activities for the past two weeks. REMARKS AND INQUIRIES BY CITY COUNCIL MAYORS COMMENTS AND COMMITTEE APPOINTMENTS RECESS COUNCIL MEETING CONVENE AS McALESTER AIRPORT AUTHORITY Majority of a Quorum required for approval Approval of the Minutes from the May 27, 2014 Regular Meeting of the McAlester Airport Authority. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item D, regarding claims ending June 3, (Toni Ervin, Chief Financial Officer) Confirm action taken on City Council Agenda Item I, authorizing the Mayor to sign a City County Agreement for a Joint Civil Defense/Emergency Management Administration between the Board of County Commissioners of Pittsburg County of Oklahoma and the City of McAlester. (Peter J. Stasiak, City Manager) Confirm action taken on City Council Agenda Item J, to approve application and participation agreement with Lincoln National Life Insurance Company for Long Term Disability Insurance for full time regular employee for a period of July 1, 2014 through June 30, (Toni Ervin, CFO) Confirm action taken on City Council Agenda Item K, authorizing the Mayor to sign an Annual Engagement Letter with Crawford & Associates, P.C., for the period of July 1, 2014 through June 30, (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item 9, an Ordinance adopting the budget of the City of McAlester, Oklahoma, for the fiscal year ; providing for severability clause; and declaring an emergency. (Toni Ervin, CFO and Peter J. Stasiak, City Manager)

8 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 8 of 10 ADJOURN MAA CONVENE AS McALESTER PUBLIC WORKS AUTHORITY Majority of a Quorum required for approval Approval of the Minutes from the May 19, 2014 Special Meeting of the McAlester City Council. (Cora Middleton, City Clerk) Approval of the Minutes from the May 27, 2014 Meeting of the McAlester City Council. (Cora Middleton, City Clerk) Confirm action taken on City Council Agenda Item B, regarding claims ending June 3, (Toni Ervin, Chief Financial Officer) Confirm action taken on City Council Agenda Item I, authorizing the Mayor to sign a City County Agreement for a Joint Civil Defense/Emergency Management Administration between the Board of County Commissioners of Pittsburg County of Oklahoma and the City of McAlester for funding in the amount of $42,500. (Peter J. Stasiak, City Manager) Confirm action taken on City Council Agenda Item J, to approve application and participation agreement with Lincoln National Life Insurance Company for Long Term Disability Insurance for full time regular employee for a period of July 1, 2014 through June 30, (Toni Ervin, CFO) Confirm action taken on City Council Agenda Item K, authorizing the Mayor to sign an Annual Engagement Letter with Crawford & Associates, P.C., for the period of July 1, 2014 through June 30, (Cora Middleton, City Clerk) Consider, and act upon, authorizing the Mayor to sign an agreement between City of McAlester and the Blackboard Connect, Inc. to provide a fully hosted alert notification system for emergency notifications, by way of a Master Agreement dated September 16, (Shawn Smith, E-911 Manager) Confirm action taken on City Council Agenda Item P, a Pledge and Guarantee document which authorizes the annual renewal of the City of McAlester s Participation Agreement with the Association for Landfill Financial Assurance (ALFA). (John C. Modzelewski, City Engineer/Public Works Director) Confirm action taken on City Council Agenda Item Q, authorization of payment to Bank of America Merrill Lynch, Global Custody and Agency Services, Attention: Val Opperman, escrow agent for Austin Paving, LLC, in the amount of $57, for Pay Estimate 3, for construction services related to CIP#1 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director)

9 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 9 of 10 Confirm action taken on City Council Agenda Item R, authorization of payment to Oklahoma Department of Environmental Quality, in the amount of $1,454.59, for water and sewer permit fees related to CIP#2 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director) Confirm action taken on City Council Agenda Item S, authorization of payment to Mehlburger Brawley, Invoice No. MC , in the amount of $38,725.00, for engineering services related to CIP#3 and funded through the McAlester Public Works Construction Fund Series 2013 Project Account. (John C. Modzelewski, City Engineer/Public Works Director) Confirm action taken on City Council Agenda Item 2, Adopting Citizen s Participation Plan for FY-2014 CDBG Project. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 3, Adopting a Resolution to Apply for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 4, Adopting a Resolution to Leverage (Matching) funds for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 5, Adopting a Residential Anti- Displacement Plan for FY-2014 CDBG Small Cities Grant, Proposed Water Line Project. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 6, Adopting a Contract with Millie Vance Incorporated to prepare FY-2014 CDBG grant application and administer project. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 7, Reading of CDBG Proclamation supporting and encouraging Fair Housing practices. (Millie Vance, Millie Vance, Inc.) Confirm action taken on City Council Agenda Item 9, an Ordinance adopting the budget of the City of McAlester, Oklahoma, for the fiscal year ; providing for severability clause; and declaring an emergency. (Toni Ervin, CFO and Peter J. Stasiak, City Manager) ADJOURN MPWA RECONVENE COUNCIL MEETING

10 June 10, 2014 McAlester City Council Agenda - Regular Meeting Page 10 of 10 EXECUTIVE SESSION Recess into Executive Session in compliance with Section Title 25 Section 307 B.2 et.seq. Oklahoma Statutes, to wit: 1) Proposed executive session pursuant to Title 25, Sec. 307 (B) (2) to discuss negotiations concerning employees and representatives of employee groups: IAFF RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Consider, and act upon, the IAFF, Local 2284, Contract. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this day of 2014 at a.m./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

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174 McAlester City Council AGENDA REPORT Meeting Date: June 10, 2014 Item Number: 11 Department: Council Prepared By: Cora Middleton, City Clerk Account Code: Date Prepared: June 3, 2014 Budgeted Amount: Subject Exhibits: 3 CONSIDER, AND ACT TO APPROVE AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF MCALESTER, AMENDING ARTICLE IV. HOTEL TAX, SECTION (A); IMPOSITON OF TAX; EXEMPTIONS; BY INCREASING THE TAX PERCENT FROM FOUR TO SIX PERCENT; AND AMENDING SECTION (1), (2) AND (3); PURPOSE OF REVENUES, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROPOSED CHANGES TO THE QUALIFIED REGISTERED VOTERS OF THE CITY OF MCALESTER; AND CONSIDER AND ACT TO APPROVE A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE PROPOSED CODE CHANGES TO THE QUALIFIED ELECTORS OF THE CITY, AND AUTHORIZING THE ISSUANCE OF A PROCLAMATION FOR THE ELECTION REGARDING THE PROPOSITIONS TO CHANGE THE MCALESTER CITY HOTEL/MOTEL TAX. Recommendation Discussion Approved By Initial Date Department Head CMM 06/03/2014 City Manager Page 1 of 1

175 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY OF MCALESTER, OKLAHOMA TO SUBMIT TO THE REGISTERED VOTERS OF SAID CITY WHETHER THE EXCISE TAX LEVIED UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM THE RENT FROM OCCUPANCY OF HOTEL /MOTEL ROOMS SHALL BE INCREASED FROM FOUR PERCENT (4%) TO SIX PERCENT (6%); AND AMENDING SECTION (1), (2) AND (3); PURPOSE OF REVENUES. ************************************************************************ NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MCALESTER, OKLAHOMA, THAT; SECTION 1. Effective Date. This Ordinance shall become and be effective, subject to approval of a majority of the registered voters of the City of McAlester, Oklahoma, voting on the same in the manner prescribed by law. SECTION 2. Sec Imposition of tax; exemptions. (a) There is hereby levied an excise tax of four six (6%) percent upon the gross proceeds or gross receipts derived from the rent from every occupancy of a room or rooms in a hotel in this city, except that the tax shall not be imposed where the rent is less than at the rate of $5.00 per day. This excise tax shall be in addition to any existing sales tax imposed by the city or the state. SECTION 3. Sec Purpose of revenues. It is hereby declared to be the purpose of this division to provide revenues for the following specific purposes, and no others, to-wit: (1) For the operation of the tourism and related departments of the city; (2) To adopt agreements, plans, policies, and programs to encourage the development of the city as a convention, trade show, and tourist center; and (3) To construct, reconstruct, operate, maintain and repair buildings and facilities of the city necessary to foster the development of the city as a convention, trade show, and tourist center, and to acquire land in connection therewith. (1) All taxes collected pursuant to the provisions of this article shall be set aside and used exclusively for the purpose of encouraging, promoting, and fostering the convention

176 and tourism development of the City of McAlester. Uses in parks development and in promotion of arts and humanities are thus contemplated. PASSED and APPROVED this 10th day of June, CITY OF MCALESTER, OKLAHOMA A Municipal Corporation ATTEST: By Steve Harrison, Mayor Cora Middleton, City Clerk Approved as to form and legality this 10th day of June By William J. Ervin, City Attorney

177 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN THE CITY OF MCALESTER, OKLAHOMA, ON TUESDAY, THE 26th DAY OF AUGUST 2014 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED VOTERS OF SAID CITY THE QUESTION WHETHER THE EXCISE TAX LEVIED UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM THE RENT FROM OCCUPANCY OF HOTEL /MOTEL ROOMS SHALL BE INCREASED FROM FOUR PERCENT (4%) TO SIX PERCENT (6%); AND AMENDING PURPOSE OF REVENUES ; SETTING FORTH OTHER FACTS AS REQUIRED BY STATE LAW; PROVIDING FOR SAID ELECTION TO BE CONDUCTED BY THE PITTSBURG COUNTY ELECTION BOARD; PROVIDING THAT POLLS SHALL BE OPEN CONTINUOUSLY FROM 7:00 A.M. TO 7:00 P.M.; PROVIDING FOR SEPARABILITY. * * * * * * * * * * * * WHEREAS, it is deemed advisable by the City of McAlester, Oklahoma, to submit to the qualified voters of the City of McAlester for their approval or rejection; and WHEREAS, said propositions should be presented at a Special Election to be held for that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCALESTER, OKLAHOMA, that SECTION 1: The Mayor of the City of McAlester is hereby authorized and directed to submit to the registered, qualified voters at a Special Election on the 26th day of August 2014 the following Propositions: PROPOSITION 1 Shall Sections (a). Imposition of tax; exemptions and (1). Purpose of revenues be amended to read (a) There is hereby levied an excise tax of six (6%) percent upon the gross proceeds or gross receipts derived from the rent from every occupancy of a room or rooms in a hotel in this city, except that the tax shall not be imposed where the rent is less than at the rate of $5.00 per day. This excise tax shall be in addition to any existing sales tax imposed by the city or the state. (1) All taxes collected pursuant to the provisions of this article shall be set aside and used exclusively for the purpose of encouraging, promoting, and fostering the convention and tourism development of the City of McAlester. Uses in parks development and in promotion of arts and humanities are thus contemplated.

178 / / For the Proposition / / Against the Proposition SECTION 2. Such Proposition shall be by Proclamation signed by the Mayor and attested by the City Clerk setting forth the Proposition to be voted upon, the number and location of the polls and places, the hours of opening and closing the polls; the ballots shall set forth the Proposition to be voted upon substantially as set forth in SECTION 1 hereof; the returns of said election shall be made and canvassed by the County Election Board. PASSED and APPROVED this 10th day of June, CITY OF MCALESTER, OKLAHOMA A Municipal Corporation ATTEST: By Steve Harrison, Mayor City Clerk Approved as to form and legality this 10th day of June, William J. Ervin, City Attorney

179 P R O C L A M A T I O N WHEREAS, the City of McAlester, Oklahoma, on June 10, 2014, passed a Resolution authorizing the calling and holding of a Special Election in the City of McAlester, Oklahoma, on Tuesday, the 26 th day of August, 2014, for the purpose of submitting to the registered voters of said City proposed revision to the excise tax upon the gross proceeds or gross receipts derived from the rent from every occupancy of a room or rooms in a hotel in this city, setting forth other facts as required by State Law; providing for said election to be conducted by the Pittsburg County Election Board; providing that polls shall be open continuously from 7:00 A.M. to 7:00 P.M. NOW, THEREFORE, I, Steve Harrison, Mayor of the City of McAlester, Oklahoma, hereby submit to the qualified electors of said City at a Special Election to be held on August 26, 2014, the question whether the proposed revised excise tax should be approved. The ballot title for the questions which shall be submitted to the qualified electors of the City of McAlester at said Special Election on August 26, 2014 shall be substantially as follows: PROPOSITION I Shall Sections (a). Imposition of tax; exemptions and (1). Purpose of revenues be amended to read (a) There is hereby levied an excise tax of six (6%) percent upon the gross proceeds or gross receipts derived from the rent from every occupancy of a room or rooms in a hotel in this city, except that the tax shall not be imposed where the rent is less than at the rate of $5.00 per day. This excise tax shall be in addition to any existing sales tax imposed by the city or the state. (1) All taxes collected pursuant to the provisions of this article shall be set aside and used exclusively for the purpose of encouraging, promoting, and fostering the convention and tourism development of the City of McAlester. Uses in parks development and in promotion of arts and humanities are thus contemplated. / / For the Proposition / / Against the Proposition The said Special Election shall be held and conducted as provided by the Charter of the City of McAlester, and applicable State Law.

180 This Proclamation shall be published in a newspaper of general circulation within the City of McAlester once a week for three weeks and the election shall be not less than twenty (20) days, nor more than thirty (30) days after last publication. I do further direct that said Special Election shall be held by the Election Board of Pittsburg County, in the City of McAlester, in the manner and form provided by law in each precinct in said City and that the polls shall be opened at 7:00 o clock A.M. and remain open continuously until and be closed at 7:00 o clock P.M. on the date of the election. The numbers and location of the polling places shall be as follows: PRECINCT NUMBER LOCATION 1 J.I. Stipe Center, 801 N. 9 th 3 First Baptist Church, 100 E. Washington 4 Main & Oklahoma Church of Christ, 1700 S. Main 5 American Legion, 400 S. 2 nd 6 Central Christian Church, 920 Central Ave. 7 Assembly of God Church, 1800 Hardy Springs Rd. East 8 William Gay School, 600 W. Madison 11 First United Methodist Church, 2621 N. Ash 14 Edmond Doyle School, 520 E. Smith 15 Kiamichi Vo-Tech, 301 Kiamichi Drive 32 Frink Community Center, 486 Frink Road 36 Haywood School, Haywood 40 Assembly of God Church, 1800 Hardy Springs Rd. West 41 Krebs City Hall, 5 N.E. Washington, Krebs 42 Bug Tussle Baptist Church, 5180 Flowery Mound Rd. East 45 Pittsburg Cattleman s Association, 270 West 46 Bug Tussle Baptist Church, 5180 Flowery Mound Rd. West IN WITNESS WHEREOF, I hereunto set my hand this 10th day of June, ATTEST: Steve Harrison, Mayor Cora Middleton, City Clerk

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197