There is hereby created a committee to be known
as the "Local Development Act Review Committee" (hereinafter, the
"Review Committee"), which Committee is authorized to exercise, on
behalf of the City of El Reno, those powers and duties specified in
the Local Development Act.
The members of the Review Committee shall be
selected in the following manner for the period or term set forth
herein:
A. Governing body representative: The Mayor of the City
shall nominate a current member of the City Council of the City to
serve, with the approval of the City Council, as the representative
of the governing body of the City on the Review Committee. Such person
shall serve as a member of the Review Committee until he or she resigns,
dies or ceases to be a member of the El Reno City Council or until
such time as a new representative is nominated by the Mayor and approved
by the City Council.
B. Planning Commission representative: The Mayor of the
City shall nominate a current member of the Metropolitan Area Planning
Commission to serve, with the approval of the City Council, as the
representative of the Planning Commission on the Review Committee.
Such person shall serve as a member of the Review Committee until
he or she resigns, dies or ceases to be a member of the El Reno Metropolitan
Area Planning Commission, or until such time as a new representative
is nominated by the Mayor and approved by the City Council.
C. Taxing jurisdiction representatives: The Mayor of the City shall request that the governing bodies of each of the taxing jurisdictions listed in Subsection
A(3) of §
5-28 hereof nominate a person (who may or may not serve on the governing body of such taxing jurisdiction) to serve as that taxing jurisdiction's representative on the Review Committee. All persons so nominated are subject to approval by the City Council. If any person so nominated is not approved by the City Council, then the Mayor shall notify the governing body of the nominating taxing jurisdiction of the City Council's action and shall request that the governing body of the taxing jurisdiction nominate another person to serve as that taxing jurisdiction's representative on the Review Committee. Persons approved as representatives of any taxing jurisdiction shall serve for a term of one year from the date of their approval by the City Council; provided, however, that, notwithstanding the expiration of such person's term of office, such representative shall continue to serve until such time as a successor has been selected and qualified. Upon the expiration of any term of office or the occurrence of any vacancy in such position, the Mayor shall request that the governing body of the vacating member's taxing jurisdiction nominate a person to serve as a representative on the Review Committee. Such nomination shall be subject to approval by the City Council as set forth above.
D. Public representatives: At the first meeting following
formation of the Review Committee, the Review Committee shall select
three persons to represent the public-at-large from a list of seven
persons submitted by the Chairman of the Review Committee. The persons
so selected by the other members of the Review Committee shall serve
for a term of one year from the date of their approval by the Review
Committee; provided, however, that, notwithstanding the expiration
of such person's term of office, such representative shall continue
to serve until such time as a successor has been selected and qualified.
Upon the expiration of the term of office or the occurrence of any
vacancy, the Chairman of the Review Committee shall submit a list
of seven candidates to the Review Committee, at which time the Review
Committee shall select a replacement for each vacant position.
Meetings of the Review Committee shall be subject
to the Open Meeting Act, 25 O.S. § 301 et seq., as amended,
and the Open Records Act, 51 O.S. § 24A.1 et seq., as amended.
Any information relating to the marketing plans, financial statements,
trade secrets or any other proprietary information submitted to the
Committee by a person or entity seeking adoption and approval of a
proposed district, plan or project may be kept confidential to the
extent allowed by law. Executive sessions may be held to discuss such
information, if deemed necessary by the Committee, to the extent allowed
by law.
The representative of the El Reno City Council
shall serve as Chairman of the Review Committee and shall preside
at all meetings and perform such other duties as may be assigned by
the Review Committee. The Committee members shall select one or more
of their members to be Vice Chairman, who shall act in the place of
the Chairman during his or her absence or incapacity to act. The Committee
members shall also select a person to serve as Secretary of the Review
Committee, which person may or may not be a member of the Review Committee.
All members of the Review Committee shall be
entitled to fully participate in all meetings of the Review Committee
and to cast one vote on any matter coming before the Review Committee
for consideration; provided, however, that no representative of any
taxing jurisdiction shall be entitled to cast a vote with regard to
any finding or recommendation relating to a tax incentive or tax increment
district unless some portion of such district is located within the
boundaries of the represented taxing jurisdiction. All actions by
the Review Committee pursuant to the provisions of this article shall
be approved by the affirmative vote of a majority of the Committee
members entitled to vote under the provisions of this article.
The Review Committee shall act in an advisory
capacity to the City Council as authorized by the Local Development
Act. The Review Committee shall consider and make its findings and
recommendations to the City Council with respect to the conditions
establishing the eligibility of a proposed district and the appropriateness
of the approval of the proposed plan and project. The Review Committee
shall also recommend that the proposed district and plan be approved,
denied, or approved subject to conditions set forth by the Review
Committee. In making such a recommendation, the Review Committee shall
consider and determine whether the proposed plan or project will have
a financial impact on any taxing jurisdiction within the proposed
district and shall report its findings to the City Council.