PRP.7.3.010 Housing Authority

The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Housing Authority to carry out the intent of this ordinance as further defined herein:

(a) The Tribal Governing Board shall appoint a Board of Commissioners who will be responsible for effectuating the Housing Authority Code and the duties as defined in this Chapter. The Board of Commissioners shall act independently of the Tribal Governing Board.

(b) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(c) There shall be an Executive Director for the Housing Authority with the duties and responsibilities as detailed in the Executive Director job description and detailed in this Chapter. The Executive Director shall report to and take direction from the Board of Commissioners, its offers and the Tribal Governing Board in that order. In the event of a conflict of instruction, the Executive Director may present the issue to the full Tribal Governing Board.

(d) The Tribal Governing Board may pursuant to Section TCT.1.3.020 grant a limited waiver of sovereign immunity of the Housing Authority thereby allowing the Housing Authority to be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and thereby authorizes the Housing Authority the option to agree to such a duly issued Tribal Governing Board Resolution to a limited waiver of immunity from suit which it may not otherwise have; but the Tribe expressly does not waive its immunity from suit and shall not be liable for the debts or obligations of the Housing Authority.

(e) The Housing Authority shall have perpetual succession in its corporate name.

(f) The Housing Authority, acting through its Board of Commissioners, shall have the following powers which it may exercise consistent with the purposes for which it has been established:

(1) To adopt and use a corporate seal.

(2) To enter into agreements, contracts and understandings with any governmental agency, Federal, state, tribal, or local (including the Tribal Governing Board) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance.

(3) 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 comply with requirements 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.

(4) To obligate itself, in any contract with the Federal government for annual contributions to the Housing Authority, to convey to the Federal government possession of or title to 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 Housing Authority is subject; and such contract may further provide that in the 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 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 re-convey to the Housing Authority as than constituted.

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

(6) 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 PRP.7.3.030 of this ordinance.

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

(8) 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.

(9) 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.

(10) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperation or condominium unit); 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 selection of tenants or homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make sure further rules and regulations as may be deemed necessary and desirable to effectuate the powers granted by this ordinance.

(11) To finance the purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development (HUD).

(12) 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.

(13) To establish income limits, as required by HUD, for admission that insures that dwelling accommodations in low income housing projects shall only be made available to eligible persons of low income.

(14) To develop projects and policies for the purpose of serving non-low income persons that are deemed ineligible for admission in low income housing projects.

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

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

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

(g) It is the purpose and intent of this ordinance to authorize the Housing Authority to secure the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Housing Authority.

(h) No ordinance or other enactment of the Tribe with respect to the acquisition, operation or disposition of Tribal property shall be applicable to the Housing Authority in its operations pursuant to this ordinance.

(i) The Tribal Governing Board does not by the adoption of this ordinance consent to any authorization not accountable to the Tribal Governing Board.