Resolution No. 017-96

WHEREAS, the Grand Ronde Tribal Council, pursuant to to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary of the Interior, Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon; and,

WHEREAS, the Council has determined that there is a shortage of decent housing in the Tribe's service area at prices and rents affordable to many Tribal members, and that this shortage cannot by alleviated through the private sector; and,

WHEREAS, the Council has determined that a Tribal Housing Authority an best address Tribal housing needs; and,

WHEREAS, the Council has determined that time is of the essence in establishing the Authority due to the potential imminent time frame for funding availability and declares this an emergency situation.

NOW THEREFORE BE IT RESOLVED, that the Tribal Housing Ordinance, which establishes the Grand Ronde Tribal Housing Authority for the purpose of developing and implementing tribal housing programs, is hereby adopted and shall become effective seven (7) days from the date of adoption.

CERTIFICATION: the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum present as required by the Grand Ronde Constitution, held on March 27, 1996, by a vote of 5 yes, 0 no and 0 abstentions.

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Mark Mercier, Tribal Chairman

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Ed Pearsall, Secretary

(a) Authority and Purpose. Pursuant to the authority granted under Article III, Section 1 of the Grand Ronde Constitution, the Council hereby establishes the Grand Ronde Tribal Housing Authority for the purpose of developing and implementing tribal housing programs.

(b) Background. Decent, affordable housing is critical to the well-being of tribal families. The Council has determined that there is a shortage of decent homes in the Service Area at prices and rents affordable to many tribal members, and that this shortage cannot be alleviated through the private sector. The Council, therefore, enacts this Ordinance chartering the Grand Ronde Tribal Housing Authority, which shall be responsible for helping needy tribal families obtain decent housing.

(c) Definitions.

(1) "Authority" means the Grand Ronde Tribal Housing Authority.

(2) "Board" means the Authority's Board of Commissioners.

(2) "Council" means the Grand Ronde Tribal Council.

(3) "Federal Government" includes the United States of America, the Department of Housing and Urban Development, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

(4) "Homebuyer" means a person(s) who has executed a lease-purchase or purchase agreement for a home, but who has not yet achieved homeownership.

(5) "Housing Plan" or "Plan" means the plan, including housing goals, objectives, and strategies, developed by the Board in connection with the Council.

(6) "Housing Project" or "Project" means any work or under-taking to provide or assist in providing (by any suitable method, including, but not limited to, rental, sale of individual units in single or multifamily structures under conventional, condominium, or cooperative sales contracts or lease-purchase agreements, loans or subsidizing of rentals or charges) decent, safe, and sanitary dwellings, apartments, and other living accommodations. Such work or undertakings may include buildings, lands, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances for streets, sewers, water services, utilities, parks, site preparation, or landscaping, and for administrative, community, health, recreational, welfare, or other purposes. The term "Housing Project" or "Project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all tangible or intangible assets held or used in connection with the housing pro]ect.

(7) "Obligations" means any notes, bonds, interim certification, debentures, or other forms of obligation issued by the Authority pursuant to this Ordinance.

(8) "Obligee" includes any holder of an Obligation, agent or trustee for any holder of an Obligation, or lessor demising to the Authority property used in connection with a Project, or any assignee or assignees of such lessor's interest, or any part thereof, or the Federal Government when it is a party to any contract with the Authority in respect to a Housing Project.

(9) "Service Area" means Benton, Clackamas, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill counties in the State of Oregon.

(d) Housing Plan.

(1) Within sixty (60) days of the adoption of this Ordinance, the Board shall present a Housing Plan to Council. Within thirty (30) days thereafter, the Council shall revise and amend the Plan and approve a final version thereof. The Plan shall guide the Authority in developing and implementing Projects, and the Authority shall use its best efforts to implement the Plan.

(2) From time to time, but at least once a year, the Authority shall report to Council on its efforts in furtherance of the goals and objectives set forth in the Plan.

(3) Not later than the third anniversary of the adoption of this Ordinance, and every third year thereafter, the Board shall recommend to Council such revisions to this Ordinance and the Plan as it deems appropriate.

(e) Geographic Priority. The Authority shall give priority to Projects within the Service Area. At the Board's discretion, the Authority may participate in Projects outside the Service Area that are consistent with the Housing Plan, subject to the availability of funds.

(f) Categorical Preferences. To the extent not inconsistent with "Federal preferences," as defined at 24 C.F.R §950.303 et seq., low-income Tribal members shall be the preferred participants in the Authority's Projects. The Authority shall implement such other lesser preferences as may be set forth in the Housing Plan.

(g) Board of Commissioners. The affairs of the Authority shall be managed by a Board of Commissioners and such officers as the Board shall appoint, in accordance with this Ordinance and the Authority's Bylaws. The terms of the Commissioners, the conditions for their removal, and the filling of vacancies on the Board shall be set forth in the Bylaws, provided that:

(1) The number of Commissioners shall not be less than five (5) and not more than seven (7)

(2) To the extent practicable, Board candidates must have a demonstrated interest in housing programs or experience in one or more of the following areas: affordable housing development, residential building construction, real estate, property management, and housing finance.

(3) The Council shall appoint the Authority's Commissioners.

(4) A Commissioner may be a member or non-member of the Tribe, however, a majority of the Board shall be Tribal members.

(5) A Commissioner may be a member or non-member of the Council.

(6) No person shall be barred from serving on the Board because he is a tenant or Homebuyer in a Housing Project of the Authority. Such Commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants or Homebuyers, even though such matters affect him as well. However, no such Commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a tenant or Homebuyer) , or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations, or status as a tenant or Homebuyer.

(7) Commissioners shall serve for terms of three (3) years, which shall be staggered in such a manner that the terms of one-third of the Commissioners (or as close to one- third as shall be possible given the number of Commissioners) shall expire in each year. Upon the expiration of a Commissioner's term, he or she may be reappointed to serve subsequent terms. The Board shall provide the method of staggering the terms of the Commissioners in the Authority's Bylaws.

(8) The Board shall elect from among its members a Chairman of the Board. If the Chairman is absent at a Board meeting, the Board may elect from one of the Commissioners present an acting Chairman for that meeting.

(9) Commissioners may be removed by a majority vote of the Council for neglect of duty or misconduct in office, but only after a hearing at a regularly scheduled Council meeting.

(10) Commissioners shall discharge the duties of the position in good faith, in a manner the Commissioner reasonably believes to be in the best interest of the Authority, and with the care an ordinary prudent person in a like position would exercise under similar circumstances.

(11) Commissioners,including the Chairman or any acting Chairman, shall not receive compensation for their services, but shall be entitled to reimbursement for expenses according to such policy as the Board may adopt.

(12) The Authority's Bylaws shall set forth rules of procedure to be followed by the Board in managing the Authority.

(h) Powers. The Authority shall have the following powers.

(1) To develop and implement Housing Projects consistent with the Housing Plan and this Ordinance.

(2) To develop and promulgate rules and regulations for Housing Projects, governing, among other areas, applicant selection, occupancy conditions, payments/collections, inspections, maintenance, resident relations, and grievances.

(3) To sue and be sued in its corporate name upon any contract, claim, or obligation arising out of its activities under this Ordinance and by contract to waive any immunity from suit. However, nothing in this Ordinance shall be interpreted or implied as a waiver of the Tribe's or the Council's sovereign immunity, and the Tribe shall not be liable for the debts or obligations of the Authority unless specifically authorized by Council.

(4) To adopt and use a corporate seal.

(5) To enter into agreements, contracts, and understandings with any governmental agency, Federal, tribal, state, or local (including the Council) or with any person, partnership, or corporation, and to agree to any conditions attached to Federal assistance.

(6) To agree, notwithstanding anything to the contrary contained in this Ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination or prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards in the development or operation of Projects, and the Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractor comply with requirements as to maximum hours of labor and comply with any conditions which the Federal Government may have attached to its financial aid to the Project.

(7) To obligate itself, in any contract with the Federal Government for annual contributions to the Authority, to convey to the Federal Government possession of or the Authority's interest in the Project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject. Such contract may complete, operate, manage, lease, convey or otherwise deal with the Project and funds in accordance with the terms of such contract. Provided, that the contract requires that as soon as practicable after the Federal Government is satisfied that all defaults with respect to the Project have been cured and that the Project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the Authority the Project as then constituted.

(8) To lease property from the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.

(9) To borrow or lend money, to issue temporary or long term evidence of indebtedness and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Section (i) of this Ordinance.

(10) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.

(11) Subject to prior approval of Council, to purchase, lease, or take by gift land or an interest in land.

(12) To undertake and carry out studies and analyses of housing needs, to operate Projects and to provide for the construction, reconstruction, improvement, alteration or repair or any Project or any part thereof.

(13) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any Project (including individual cooperative or condominium units) to lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or require monthly payments; to make rules and regulations concerning the selection of tenants or Homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make such further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this Ordinance.

(14) To finance home purchases by eligible Homebuyers.

(15) To terminate any lease or rental agreement or lease-purchase purchase agreement when the tenant or Homebuyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termina Lion is otherwise authorized under the provisions of such agreement, and to bring an action for eviction against such tenant or Homebuyer.

(16) To purchase insurance from any stock or mutual company for any property or against any risks or hazards.

(17) To prudently invest such funds as are not required for immediate disbursement.

(18) To establish and maintain such bank accounts as may be necessary or convenient.

(19) To employ an Executive Director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority may require, and to delegate to such officers and employees such powers or duties as the Board shall deem proper.

(20) To join or cooperate with any other public or Indian housing agency or agencies operating under the laws or Ordinances of a State or another Tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purpose of financing (including but not limited to the issuance of notes or other obligations and giving security therefore), planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority's behalf with respect to any or all powers, as the Authority's agent or otherwise, in the name of the Authority or in the name of such agency or agencies.

(21) To adopt and amend Bylaws consistent with this Ordinance and the laws of the Tribe.

(22) To do any and all things necessary or desirable to secure the cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any Project by the Authority.

(23) To exercise such further incidental powers, not inconsistent with this Ordinance, as may be necessary to conduct the Authority's business.

(24) To define "low-income tribal members" and other categories of tribal members eligible for housing assistance, according to criteria developed by the Authority.

(25) Recommend to Council individuals to fill vacancies on the Board resulting from the death, resignation, firing, or expiration of a Commissioner's term on the Board.

(i) Obligations.

(1) The Authority may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it.

(2) Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

(3) Unless specifically authorized by the Council, the notes and other obligations of the Authority shall not be debts of the Tribe.

(4) Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this Ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this Ordinance and without necessity of being restated in the obligations, a contract between (a) the Authority and the Tribe and (b) the holders of obligations and each of them, including all transfers of the obligations from time to time.

(5) Obligations of the Authority shall be authorized by a resolution adopted by a majority of the full Board, which resolution shall state the terms and conditions of the obligation and whether it is to be sold at public or private sale.

(j) Annual Report. The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council showing:

(1) a summary of the year's activities;

(2) the financial condition of the Authority;

(3) the condition of properties owned or leased by the Authority;

(4) the number of units and vacancies;

(5) any significant problems and accomplishments;

(6) future plans for the Authority or Projects; and

(7) such other information as the Authority or the Council shall deem pertinent;

(k) Conflict of Interests. During his tenure and for one year thereafter, no Commissioner, officer, or employee of the Authority, or any member of any governing body of the Tribe or any other public official who exercises any responsibilities of functions with regard to a Housing Authority Project, shall voluntarily acquire any interest, direct or indirect, in the Project or in any property included or planned to be included in the Project, or in any contract or proposed contract relating to the Project, unless prior to such acquisition, he discloses his interest in writing to the Authority and such disclosure is entered in the minutes of the Authority, and the Commissioner, officer, or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. If any Commissioner, officer, or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a Commissioner, officer, or employee, the Commissioner, officer, or employee, in any such event, shall immediately disclose his interest in writing to the Authority, and such disclosure shall be entered in the minutes of the Authority, and the Commissioner, officer, and employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Authority issued in connection with any Project or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a Project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in Section (g).

(l) Relation to Other Ordinances. No Ordinance or other enactment of the Tribe with respect to the acquisition, operation, or disposition of Tribal property, other than the Tribe's Environmental Protection Ordinance, shall be applicable to the Authority in its operations pursuant to this Ordinance.

(m) Indemnification. The Authority is authorized to provide indemnification of Commissioners, officers, employees, and agents of the Authority through Bylaw, vote of disinterested Commissioners, or agreement.

(n) Miscellaneous.

(1) Bonding. The Authority shall obtain or provide for the obtaining of adequate fidelity bonds for persons handling cash or authorized to sign checks or certify vouchers.

(2) Coordination with Tribal Administration. The Authority's Executive Director shall participate in the Tribe's planning process, advising the Tribe's Executive Officer of the foreseeable impacts Projects may have on tribal programs.

(3) Judicial Liens/Execution. All property, including funds acquired or held by the Authority pursuant to this Ordinance, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees, or revenues, or the right of the Federal Government to pursue any remedies conferred upon it pursuant to the provisions of this Ordinance or the rights of the Authority to bring eviction actions in accordance with Section (h), Paragraph (15)

(4) Nonimpairment. Any amendment of the provisions of this Ordinance shall not impair any contract between the Authority and the Department of Housing and Urban Development in effect at the time of said amendment. Any such amendment shall be void with respect to said contract, which shall be interpreted under the pre-amendment Ordinance.

(5) Profits. The Authority shall operate on a not-for-profit basis.

(6) Taxation. The property of the Authority is declared to be public property used for essential public and governmental purposes and such property and the Authority are exempt from all taxes and special assessments of the Tribe.

(7) Tribal Court Jurisdiction. The Tribal Court of the Confederated Tribes of the Grand Ronde Community of Oregon shall have jurisdiction to hear all matters arising under this Ordinance or to which the Authority is a party, including any action by the Authority for eviction of a tenant or Homebuyer.

I certify this to be a true copy of the Confederated Tribes of the Grand Ronde Community or Oregon Tribal Housing Ordinance.

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Ed Pearsall, Tribal Council Secretary