CHAPTER 19 - - HOUSING
19.1 SECTION 1: GENERAL(a) To adopt and use a corporate seal.
(b) To enter into agreements. contracts and understandings with any governmental agency. Federal, state or local (including the Council or with any person, partnership. corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance.
(c) 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 of 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 subcontractors company with reguirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the Federal government may have attached to its financial aid to the project.
(d) 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 title to the project to which such contract relates upon the occurrence Of substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject ; and such contract may further provide that in case of such conveyance, the Federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the term 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 have been 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.
(e) 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.
(f) To borrow or lend money, to issue temporary or long term evidence of indebtedness and to repay the same. Obligation shall be issued and repaid in accordance with the provisions of Section 19.7 of this ordinance.
(g) 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.
(h) To purchase land or interests in land or take the same by gift; to lease land or interests in land to the extent provided by law.
(i) To undertake and carry out studies and analyses of housing needs, to prepare housing plans, to execute the same, to operate projects and to provide for the construction, reconstruction improvement, extension, alteration or repair of any project or any part thereof.
(j) 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 required monthly payments; to make rules and regulations 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.
(k) To finance purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development.
(l) To terminate any lease or rental agreement or lease-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 termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such tenant or homebuyer.
(m) To establish income limits for admission that insure that dwelling accommodations in a housing project shall be made available only to persons of low income.
(n) To purchase insurance from any stock or mutual company for any property or against any risk or hazards.
(o) To invest such funds as are not required for immediate disbursement.
(p) To establish and maintain such bank accounts as may be necessary or convenient.
(q) To employ an executive director, technical and maintenance personnel 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.
(r) To take such further actions as are commonly engaged in by public bodies of this character as the Board may dem necessary and desirable to effectuate the purposes of the Authority.
(s) To join or cooperate with any other public 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 therefor), planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies. For such purpose, the Authority may by resolution prescribe and authorize any 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 the name of the Authority or in the name of such agency or agencies.
(t) To adopt such bylaws as the board deems necessary and appropriate.
(a) Obligations of the Authority shall be authorized by a resolution adopted by the vote of a majority of the full Board and may be issued in one or more series.
(b) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed, in such a manner, be payable in such medium of payment and at such places, and be subject to such terms of redemption, with or without premium, as such resolution may provide.
(c) The obligations may be sold at public or private sale at not less than par.
(d) In case any of the commissioners of the Authority whose signatures appear on any obligations cease to be commissioners before the delivery of such obligations, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners had remained in office until delivery.
(a) Pledge all or any part of its gross or net rents, fees revenues to which its right then exits or may thereafter come into existence.
(b) Provide for the powers and duties of the obligees and limit their liabilities; and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations.
(c) Covenant against pledging all or any part of its rents, fees and revenues or against mortgaging any or all of its real or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property.
(d) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof.
(e) Covenant as to what other or additional debts or obligations may be incurred by it.
(f) Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.
(g) Provide for the replacement of lost, destroyed or mutilated obligations.
(h) Covenant against extending the time for the payment of its obligations or interest thereon.
(i) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.
(j) Covenant concerning the rents and fees to be charged in the operation of a project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.
(k) Create or authorize the creation of special funds for monies held for construction or operating costs, debt services, reserves or other purposes, and covenants as to the use and disposition of the monies held in such funds.
(l) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given.
(m) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies.
(n) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.
(o) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences, may be waived.
(p) Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations.
(q) Exercise all or any part or combination of the powers granted in this section.
(r) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.
(s) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.
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/her interest in writing to the Authority, and such disclosure shall be entered upon 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 s/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 19.5.4.
19.8.3(a) It will not levy or impose any real or personal property taxes or special assessments upon the Authority or any project of the Authority.
(b) It will furnish or cause to be furnished to the Authority and the occupants of projects all services and facilities of the same character and to the same extent as the Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.
(c) Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Tribe as are reasonable and necessary to promote economy and efficiency in the development and operation of any project, and at the same time safeguard health and safety, and make such changes in any zoning of the site and surrounding territory of any project as are reasonable and necessary for the development and protection of such project, and the surrounding tern tory.
(d) It will do any and all things, within its lawful powers, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of projects.
(e) The Tribal Government hereby declares that the powers of the Tribal Government shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations including action through the appropriate courts.
(f) The Local County Court shall have jurisdiction to hear and determine an action for eviction of a tenant or bomebuyer. The Tribal Government hereby declares that the power of the County Court shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations.
(a) If a month to month tenant or a week to week tenant damages the rented premises by negligence or improper use, the tenancy can be terminated if the landlord gives the tenant notice requiring tenant to remedy the breach or vacate the premises on or before a date at least 5 days after the giving of the notice and if the tenant fails to comply with such notice.
(b) If a month to month tenant or a week to week tenant commits any other breach pursuant to Section 19.10 the tenancy can be terminated if the landlord gives the tenant notice requiring tenant to remedy the breach or vacate the premises on or before a date at least 15 days after the giving of the notice if the tenant fails to comply with such notice.
(a) By giving a copy of the notice personally to the tenant.
(b) By leaving a copy with a competent person (at least 14 years of age) apparently in charge of the rented premises or occupying the premises or a part thereof, who is informed of the contents of the notice.
(c) By affixing a copy of the notice In a conspicuous place in the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenants last known address.