(a)

Under a variety of programs created and administered by various federal and state agencies, local government is authorized, and in some cases required, to hold public hearings in order to make certain determinations necessary for the operation of the program. These public hearings shall be conducted by the city council in the following manner and under the specified procedures, unless the applicable federal and state agency, or the applicable program, has a requirement which preempts this article. In the event of a partial preemption, this article shall control to the maximum extent possible. An example of such hearings shall specifically include, but are not limited to United States Internal Revenue Service low income housing tax credit programs, as administered by the state housing finance agency, under OK Admin. Code Rule 330: 35-3-1 et seq.

(b)

This article is intended to provide a procedural method for holding hearings so that the city may comment to the state housing agency regarding whether a proposed project seeking an allocation of tax credits under the low income tax credit program administered by the state housing finance agency promotes the city's best interests which include, but are not necessarily limited to, support of housing linked to economic development activity, mixed income housing, housing which addresses the special needs of the elderly, disabled and homeless; and rehabilitation of existing housing. Further, this article is intended to work in conjunction with the current, applicable housing and zoning codes as well as the city's comprehensive plan.

(Code 1983, § 12-701; Ord. No. 355-7-96, 7-25-1996)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Allocation means a tax credit awarded by OHFA (Oklahoma Housing Finance Agency) to developers or owners of developments which are selected by OHFA pursuant to OHFA's low income housing tax credit program rules.

Applicant means an individual, a nonprofit organization or a profit-motivated individual, partnership, limited partnership, limited liability company or corporation, joint venture, or other legal entity and its successors in interest that submits an application to OHFA for an allocation pursuant to OHFA's low income housing tax credit program rules.

Application means an application in the form prescribed by OHFA's low income housing tax credit program rules including all agreements, certificates, affidavits, exhibits or similar instruments and other supporting materials which is included in the OHFA notice.

Contact person means the person designated and authorized by the applicant and developer to receive, on behalf of the applicant and developer, all communications, correspondence and notices required by, or authorized by, OHFA's low income housing tax credit program rules.

Developer means the person or entity with the responsibility of ensuring the effective construction or rehabilitation of the development, which may also be the applicant or the owner of the development.

Development means the residential rental property for which an application for an allocation is submitted to OHFA.

OHFA means the Oklahoma Housing Finance Agency.

OHFA notice means the notification by OHFA that an applicant has made application for an allocation. To be considered an OHFA notice, the notice must be sent by certified mail, return receipt requested, to the mayor within five business days of OHFA's receipt of the application, and not less than 55 days prior to the consideration of the application by the city council; and, the notice must contain at least:

(1)

Name and legal description or street address of the development;

(2)

Name and address of the contact person;

(3)

Whether the development is new construction or substantial rehabilitation;

(4)

The total number of units (and their characteristics (i.e. one-bedroom, two-bedroom, single room occupancy, etc.));

(5)

When appropriate, the date the application for a specified development may be considered by the council;

(6)

One copy of the application; and

Owner means the legal owner of record of the development.

(Code 1983, § 12-702; Ord. No. 355-7-96, 7-25-1996)

(a)

Upon the receipt by the city council, mayor or city manager of notice of a proposal which requires or authorizes the city to comment on or evaluate the appropriateness of a proposal, or determine the existence of a need for a project, the city council shall proceed to make a determination on the desirability, appropriateness and need for the specific proposal or project under the following procedures. The resulting findings shall be reduced to written comments and filed with the appropriate agency in a timely manner, within the time specified by applicable rules and regulations.

(b)

Upon receipt of notice from a state or federal agency of an application and the need for a public hearing under subsection (a) of this section, the city clerk shall give notice to any private person or entity determined to be the contact person for the applicant in the federal or state program, giving specific notice of the date, time and place of the proposed hearing by the city council to consider the project or development. The notice shall be in writing and mailed by certified mail at a time calculated to provide the applicant or its contact person at least ten days' notice of the hearing. In addition, the city clerk shall provide the applicant or its contact person by telephone or facsimile method the information or copy of the notice and other information contained in the notice given by certified mail. The notice will be deemed reasonable if it is received by the contact person at least ten days prior to the date of the hearing regardless of the method of the notice given.

(c)

Notice to the applicant or the applicant's contact person shall further contain a statement of or reference to appropriate legal authorities for the procedures under which the hearing will be held, including a copy of this article, together with a concise and plain statement of all issues which are anticipated to be considered at the hearing. Such statement or reference shall specifically include all issues or assertions to be made by the city and any issues known by the city which are anticipated to be raised by others.

(d)

The city clerk shall cause to be published at least one time in a newspaper of general circulation within the city a notice of the date, time and place of the public hearing for consideration of the proposed project or development, together with a statement of the purpose of the hearing and the location of the proposed development. Provided further that the hearing is for consideration of approval, or disapproval of the proposed project and the name of the city's contact person. The publication shall occur at least ten days prior to the date of the public hearing.

(Code 1983, § 12-703; Ord. No. 355-7-96, 7-25-1996)

The public hearing shall be electronically recorded in accordance with the requirements of the Oklahoma Open Meetings Act and made available in accordance with the requirements of the Oklahoma Open Records Act. In addition, should the applicant, a protestant, or another participant require transcription, the cost of such transcription shall be paid by the requesting party.

(Code 1983, § 12-704; Ord. No. 355-7-96, 7-25-1996)

Copies of the documentary materials proposed to be used by the applicant or by the city shall be exchanged between the applicant and city at least two business days prior to the hearing. In the event additional documentary material is offered by the applicant or the city at this hearing, or other relevant information or issue raised at the hearing which could not be immediately resolved by the city or the applicant or its contact person, the city council may grant a recess or otherwise continue the hearing to a date certain in order to allow a response if the continuance will not delay the time in which the city has to submit its recommendations to the appropriate federal or state agency, or both.

(Code 1983, § 12-705; Ord. No. 355-7-96, 7-25-1996)

At the conclusion of the presentation of evidence and arguments, the city council may debate the matter and shall thereafter announce its recommendation to OHFA as determined by a majority vote of council's total membership. Such recommendation regarding the proposal shall consider the following:

(1)

Whether the proposal meets the adopted municipal code, and applicable policies of the city;

(2)

Whether the maximum request for low income housing tax credits exceeds $300,000.00 per development or ten percent of the total allocation for the state, whichever is lower;

(3)

Whether the proposal meets identified needs, priorities, policies and objectives found in the city's comprehensive plan;

(4)

Whether the market study accompanying the application contains gross errors or omissions;

(5)

Whether the applicant or developer has shown evidence of a commitment to use the tax credits, if allocated, through a syndication commitment, financing commitment or other similar agreement;

(6)

Whether the applicant or developer has shown evidence of neighborhood and community involvement and participation in the planning of the project;

(7)

Whether the applicant or developer has shown evidence of site control and appropriate zoning;

(8)

Whether the applicant or developer has shown evidence of site plan approval if required; and

(9)

Whether the applicant or developer has shown evidence of the availability of adequate public facilities/services for the development.

(Code 1983, § 12-706; Ord. No. 355-7-96, 7-25-1996)

Applicant and developer may appeal the determination of the city council to the district court of the county.

(Code 1983, § 12-707; Ord. No. 355-7-96, 7-25-1996)

The recommendations shall be reduced to writing, which shall thereafter be formally submitted for adoption and approval by the council and, upon adoption and approval, shall be transmitted by certified mail, return receipt requested, to the applicant, to the developer, if the developer is someone other than the applicant, and to the OHFA by not later than the last day of the comment period on the application as set by the OHFA. A copy of this section shall be attached to the document containing the recommendations.

(Code 1983, § 12-708; Ord. No. 355-7-96, 7-25-1996)