City of Blackwell's Lawsuit Against Blackwell Zinc Smelter

1. 35 years That’s how long it took for the City to admit there is a public safety issue, caused by the contamination from the Blackwell Zinc Smelter Site.

2. Now the City says they are going to file lawsuit? • We contacted the City and law firm for a copy of the lawsuit, and attorney Don Shandy said in the Journal Tribune that he could file the suit within two days, that article came out on Oct. 6th.

3. We requested a copy of this lawsuit, knowing that if they were that close to filing the suit, the City must have had discussions about what was to be in the suit and approved it. Now making the lawsuit public information.

4. City clerk said they had no discussions. • How could the City be ready to file this suit within two days after Oct 5th if the City had not even seen it or discussed it! • Cordell said they were hopeful that future dialogue with Freeport would be fruitful. • So are they just posturing to get an extra million like the BIA, or are they serious about the health and safety of their citizens.

5. The associated costs with the clean up are estimated at 54 million, and then add the sewer costs. We have already been hit with 10 million at our water and sewer plants. It’s on your utility bill!Remember the “Special Sewer Tax?”

6. Just the cost of sewer basins 6 and 7 • Consent order # 05-005 • Basin 6 $5,026,225.00 • Basin 7 $5,607,318.00 • There are 10 basins we estimate possible costs of 50 million.

7. Storm drainage • This includes creeks and water run off from streets. • The creeks contain heavy metals and threaten the children's safety. • Minimum of 20 million to make it safe. • The trees along the creeks and streams are contaminated and must be hauled to a class 3 landfill.

8. At minimum, the damages could be $100 million in the years to come. • Don’t let the city sell us out again. • It appears they are trying to sell us out for a couple of million again. • Do not let this happen! • We have 12 million in debt right now. • Look at your electric bill and its extra expenses. • Wake up people, its your money.

9. We find it strange • That the law firm of McAfee and Taft have entered to defend Freeport the polluting company. • Bill Rogers is also with McAfee and Taft. • Bill Rogers is an ex-trustee of the Blackwell Industrial Authority. • McAfee and Taft also represent the Bank that loaned the BIA millions. (Spirit Bank)

10. Blackwell Industrial Authority(A.K.A. The BIA) • Sold 73 acres for $575,000.00 or $6,500 per acre. • They were also paid $1,465,844.00 for just signing the agreement. • In 2006 they tried to sell out for $875,000. • By certain people raising heck, they got rid of 73 contaminated acres and got an extra $1,165,000.00. • They didn't even say thank you!

11. On Oct 5th 2009 resolution No. 10-05-09A was passed.It says in partSubstantial testing has confirmed the presence of contaminates in Groundwater, Surface Water, and Soil.

12. Also… • The presence of contaminated groundwater, surface water, and soils potentially threatens public health, safety and welfare and impacts the City’s sanitary and storm sewer lines, water lines, roads, and wastewater treatment plant, as well as the health, safety and welfare of City workers:

13. And.. • The presence of contaminates associated with smelter operations in the City’s groundwater, surface water, and soils, affects at the same time theENTIRE community of Blackwell:

14. We are thankful! • That the City finally admitted the truth. • However if they do not file the case against Freeport and all past owners by Nov. 1st 2009, the damages will be proportional to each individual defendants. • Freeport will escape, and Blackwell Zinc Co. has very limited resources. • The City has been informed of this by Nix Patterson and Roach.

15. However, considering the time restraint we are under, the following comment by Mayor Cordell makes us question if this is an illusion to redirect our attention and miss the critical date of November 1, 2009 before new laws take effect.

16. Here is his statement • The City’s and the BMA’s resolution recognize groundwater & soil contamination as being a public nuisance as defined by State Law. The City has had and will continue to have elevated costs as a result of the contamination. The City has discussed it’s concerns with Freeport and remains hopeful that future dialogue between the parties will prove fruitful.

17. If, we ever had a need for emergency meetings the time is now! • Call your council members. • Demand them to file now! • Don’t let this go! • This is not a joke! • Or you will pay the BILL! (Again) • Council members know about this. If not get educated NOW! • Cordell you know, get this done, the time for talking is over, or you may cause us to lose.

18. Attention People • A few million will not cut it. • Tens of millions or 100 million is more like it. • Why are they only going after a minimum from the polluters? Min money, min standards, min, min, min????? • Why is McAfee and Taft law firm now supporting Freeport? Bill Rogers is in the same law office. • Remember Rogers, Rogers and Boyd law.

22. IF you read carefully! • Boyd who took the grand jury case over, had ties beyond his legal capacity to oversee the Grand Jury called. • He removed environmental questions from the grand jury. • He was responsible for hiring the same law firm that the polluters were using? • And said were not trying to cover it up.

23. We were promised a CERCLA quantity cleanup. • Demand the EPA to return. • Demand a Quality Cleanup. • Demand compensation for all damages. • Demand the City protect us. • Demand responsible parties be brought to justice. • Demand the City monitor cleanup activities. • Demand warning signs in creeks and known sites. • Demand Heavy Metal Testing for all citizens.

24. Scorecard 70.71 and 100 • We are #1 in Oklahoma “for poison that is” • We are tied with 5 other cities as being 14th in the USA! • There are 2 other superfund sites already here, bet you didn’t know that. • The truth is, one more isn't going to hurt us.

25. Did you Know? • Ethanol is used as a catalyst or an electron donor for the extraction of heavy metals in ground water. • H2S could be released during the extraction process. • Bet you didn’t know that either. • Demand information! • Its very important…1st amendment rights

26. Article II of the Oklahoma Constitution • All political power is inherent in the people; and government is instituted for their protection, security, and benefit.

27. Not to bring up old bones! • Not to long ago the City voted to join against its citizens and help Freeport. • Not to long ago they refused to act on the blowing dust or stop the trucks leaving the site from tracking waste along 13th. • They refused to act on trucks not having tarps. • They blocked the EPA from putting us on the national priority list. • I could name at least 100 things they did against the majority.

28. One citizen got it right! • He said past actions generally dictate future actions. • If that is the case were in deep trouble. • I hope he is wrong.

29. Folks the smoke has been released again! • Call and order them to do their job! • They do know! • Are you prepared to pay for their failure! • They told you all sorts of lies about me for years, are you going to still believe them? • I suggest you believe the people who are fighting for you.

30. If the City does not file the lawsuit against Freeport Mac Moran by November 1, 2009, the City stands to lose millions of dollars in compensation for the damage the polluters have inflicted on City property and City employees.

31. Why?

32. Tort Reform…After November 1, 2009, Tort Reform will limit the City’s ability to have a Kay County Jury order the polluters to pay for all damages the pollution has caused.

33. All the City has to do to prevent this result, is simply file suit. File suit and these limitations will not exist.

34. Fail to file suit and the only people that gain are the polluters.

35. They will be provided more and better ways to escape being held legally responsible for their actions, including, being held accountable to pay for the consequences of their actions.

36. If this occurs the polluters that caused the damage to our property and hurt our citizens won’t pay for the cleanup or necessary medical care. You will.

37. If the City waits, it only provides aid and comfort to polluters.

38. Aid and comfort to those who the City finally admitted are responsible for the pollution. Right in the nick of time? “We only have weeks to file”. Or, our property is in jeopardy as is our health and safety.

39. Ask the City to hold the polluters responsible by filing suit TODAY. If not for yourself, for your children and their children’s children.

40. This is Freeport 1st quarter for shareholders, this is what we will loose out on. Net income applicable to common stock for first-quarter 2008 totaled $1.1 billion,$2.64 per share, compared with $476 million, $2.02 per share, for first-quarter 2007.􀂃 Consolidated sales from mines for first-quarter 2008 totaled 911 million pounds ofcopper, 280 thousand ounces of gold and 20 million pounds of molybdenum, compared with520 million pounds of copper, 956 thousand ounces of gold and 2 million pounds ofmolybdenum for first-quarter 2007. Pro forma first-quarter 2007 sales, including pre-acquisitionPhelps Dodge sales, totaled 1.0 billion pounds of copper, 977 thousand ouncesof gold and 19 million pounds of molybdenum.􀂃 Consolidated sales from mines are expected to approximate 4.2 billion pounds of copper,1.4 million ounces of gold and 75 million pounds of molybdenum for the year 2008,including 930 million pounds of copper, 225 thousand ounces of gold and 18 million poundsof molybdenum for second-quarter 2008.

41. 4.5 billion a year • That’s just for common stock. “Earnings” • This company has Trillions in net worth. • Kiss it goodbye • Help us call the City to the table. • NOW • This is one time you need to get off your can!

42. Get ready to write these #’s down. • We are right about this, as I was generally right about everything else broadcast. • Time has proven this. • We will leave this contaminated town if I am wrong. • And I ain’t leaving. • We have spent 500 thousand on this fight!

43. Cordell 363-4433Wirtz 363-3002Becthel 363-5828Carroll 363-4506Hudsonpillar 363-3133

44. Don Shandy 405-239-6040cell # 405-625-5700

45. Shandy was paid by the hour until two months ago, when the City Council entered into a contract with him on a percentage basis.He is to get 25% before any action is filed.33.3% is suit is filed before pretrial40% after pretrial45% if appeal is filed

46. Shandy was paid ½ million dollars by us. Now he can get a fast total settlement, that could leave us in the doghouse. His ½ million was paid to him by reimbursement from Phelps Dodge/Freeport.He is also the guy who said the lead was from pottery and china toys.

47. That will play good in a court action. I’d cash out now too, if I was you Shandy.

48. A copy of this presentation will be sent to the EPAODEQFBISecretary of EnvironmentNix Patterson and RoachGovernors Officealong with the link toblackwelluncovered.com

49. LAST • I HAVE CALLED DON SHANDY THREE TIMES OVER THE LAST WEEK, HE HAS NOT RETUREND ANY OF MY CALLS! • The Mayor said to call Don Shandy for any information about the contamination issue. • I have tried!!!!!!!