(A) Prior to the adoption of a resolution by the City Council recommending the approval or disapproval of an application in accordance with § 39.69 of this chapter, the City Council shall hold a public hearing to consider the application, which shall be conducted in accordance with due process requirements as follows:
(1) Notice of the date, time and place of the public hearing shall be given to the contact person in accordance with the following:
(a) Notice shall be given by certified mail, return receipt requested and shall be deposited in the U.S. mail within seven business days after receipt of the notice described in § 330:36-5-3.1(c) of the OHFA Regulations and more than 14 days prior to the date of the public hearing; and
(b) The notice shall contain a statement of the legal authorities and jurisdiction under which the proceedings before the City Council are to be held; and
(c) The notice shall contain a statement of any statutes or rules involved, including a copy of any ordinance, including this subchapter, establishing the procedure to be followed by the City Council at the public hearing; and
(d) A concise and plain statement of any and all issues and matters asserted or to be considered at the proceeding, whether to be presented or asserted by the City Council or by others.
(2) At least ten days prior to the date of the public hearing, notice of the date, time and place of the public hearing shall be published at least one time in a newspaper of general circulation within Rogers County, Oklahoma. The notice shall include a statement that the purpose of the public hearing is for consideration of a recommendation to OHFA with regard to approval or disapproval of the proposed development for eventual allocation as authorized by § 42 of the Internal Revenue Code of 1986.
(3) At the public hearing the applicant and the developer may appear in and be represented by counsel and must be afforded an opportunity to present evidence, testimony of witnesses, argument and documentary evidence in support of the development, to respond to any opposing evidence, and to cross-examine witnesses. Other persons, including Council members and city employees, agents and contractors, may appear, either in person or represented by counsel, to present evidence, testimony, argument and documentary evidence in support or in opposition to the development with respect to which the application is submitted. In order to expedite the public hearing, the City Council may impose reasonable time restraints on the persons appearing at the public hearing.
(4) The public hearing shall be electronically recorded or, if requested by the City Council pursuant to resolution, or by the applicant or the developer, transcribed by a licensed court reporter. The cost of transcription shall be paid by the party requesting it.
(5) Copies of all documentary evidence received by, and to be considered by, the City Council must be made available to the applicant at least two full working days prior to the public hearing.
(B) Upon completion of the public hearing, the City Council shall deliberate and consider the testimony, evidence and arguments presented at the public hearing in order to determine whether or not to recommend to OHFA approval or disapproval of the application. The recommendation to OHFA with regard to approval or disapproval of the application shall be made by the resolution of the City Council, duly adopted, and if the determination shall be to recommend disapproval of the application the resolution shall contain specific findings of fact, conclusions of law and the determinations by the City Council respecting the development based solely on the evaluation criteria set forth in § 39.67 of this chapter.
(Ord. 96-22, passed 7-15-96)