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Little River Band of Ottawa Indians, Ordinances and Regulations

Amended: June 6, 2001


Chapter 700 - Programs


HOUSING COMMISSION ORDINANCE
Ordinance # 96-700-01

(Recodified and amended: January 1, 1999)



Section 1. Creation of Tribal Housing Commission.

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians' Tribal Council by its Constitution and particularly by Article IV, Section 7(a) and ft defining the Powers of the Tribal Council and its authority to provide for the health, safety, morals, and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby establishes a public body known as the Little River Band of Ottawa Indians Housing Commission (hereinafter referred to as "the Commission"), and enacts this ordinance which shall establish the purposes, powers, and duties of the Commission.

1.02. Ordinance as Proof of Authority. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of the ordinance duly certified by the Recorder/Secretary of the Council shall be admissible in evidence in any suit, action, or proceeding.


Section 2. Declaration of Need and Purpose.

2.01. Declaration of Need. It is hereby declared:

  1. That there exist in the Little River Band of Ottawa Indian's Service Area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, and Wexford Counties in the State of Michigan, unsanitary, unsafe, and overcrowded dwelling accommodations; that there is a shortage of decent, safe, and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; that there is insufficient dwelling accommodations to meet the needs of the Little River Band Tribal members desirous of residing within the Tribal Service Area; and that such shortage forces such persons to leave the area or occupy unsanitary, unsafe and overcrowded dwelling accommodations;
  2. That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals, and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;
  3. That the shortage of decent, safe and sanitary dwellings cannot be relieved through the operation of private enterprises;
  4. That the provision of decent, safe and sanitary dwelling accommodations are public uses and purposes, for which money may be spent and private property acquired and are governmental functions of Tribal concern;
  5. That residential construction activity and a supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this ordinance to aid the production of better housing and more desirable neighborhood and community development at affordable costs will make possible a more stable and larger volume of residential construction and housing supply.

2.02. Purposes. The Commission shall be organized and operated for the purposes of:
  1. Assisting and promoting affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on the Tribe's Reservation, Service Area and other areas for occupancy by Indian families;
  2. Assuring better access to private mortgage markets for the Tribe and its members and to promote self-sufficiency for the Tribe and its members;
  3. Coordinating Tribal activities to provide housing services to the Tribe and its members with Federal, State, and local activities to further economic and community development for the Tribe and its members;
  4. Coordinating with other Tribal agencies to plan for and integrate infrastructure resources for the Tribe with housing development;
  5. Promoting the development of private capital markets on the Tribe's Reservation and to allow such markets to operate and grow to the benefit of the Tribal community;
  6. Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals; and
  7. Alleviating the acute shortage of decent, safe and sanitary dwellings within the Tribe's Service Area.

Section 3. Definitions.

3.01. The following terms, wherever used or referred to in this Ordinance, shall have the following respective meanings, unless a different meaning clearly appears from the context:

  1. 'Affordable Housing Activities"means activities to develop or support affordable housing for rental or homeownership, or to provide housing services with respect to affordable housing, through activities that include the following:
    1. The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include real property acquisition, site improvement, development of utilities and utility services, conversion, demolition, financing, administration and planning and other related services;
    2. The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership assistance, establishment and support of resident organizations and resident management agencies, energy auditing, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to participate in other housing activities authorized under Federal housing laws and this charter;
    3. The provision of housing management services for affordable housing, including preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and the management of affordable housing projects;
    4. The coordination, planning and provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime.

      The term affordable housing activities includes permanent housing for homeless persons, persons with disabilities, transitional housing, and single room occupancy housing.
  2. "Area of Operation" means the primary area within which the Commission is authorized to provide assistance for affordable housing, and the term "Area of Operation" is synonymous with the term "Service Area" and "Indian Area", conventionally used by HUD and by many Tribes.
  3. "Commission " means the Little River Band of Ottawa Indians Housing Commission, and the term "Commission" is synonymous with the term "Authority" and "Tribally Designated Housing Entity", conventionally used by HUD and by many Tribes.
  4. "Constitution " means the Constitution of the Little River Band of Ottawa Indians, ratified by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10, 1998.
  5. "Council " means the Little River Band of Ottawa Indians Tribal Council, which is invested with the legislative powers of the Tribe pursuant to Article IV of the Constitution.
  6. "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
  7. "Homebuyer"means a person(s) who has executed a lease-purchase agreement with the Commission, and not yet achieved homeownership.
  8. "Housing project" or 'project" means any work or undertaking 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, or other living accommodations. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, 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 other real and personal property and all tangible or intangible assets held or used in connection with the housing project.
  9. "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligations issued by the Commission pursuant to this ordinance.
  10. "Obligee" includes any holder of an obligation, agent or trustee for any holder of an obligation, or lessor demising to the Commission property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal government when it is a party to any contract with the Commission in respect to any housing project.
  11. "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.

Section 4. Board of Commissioners.

4.01. The affairs of the Commission shall be managed by a Board of Commissioners composed of five persons.

4.02. Appointment of Commissioners. The Commission members shall be appointed, and maybe re-appointed, by the Council from the list of persons nominated by the Tribal Ogema. A certificate of the Recorder of the Council as to the appointment or reappointment of any commissioner shall be conclusive evidence of the due and proper appointment of the commissioner.

4.03. Qualifications for Appointment. Any Tribal member or other person 18 years of age or older may be nominated for appointment to the Commission. A commissioner may be a member or non-member of the Tribe, and may be a member or non-member of the Tribal Council, provided that no more than two (2) of the five (5) commissioners may be non-tribal members.

4.04. Appointment of Project Beneficiaries. No person shall be barred from serving on the Commission because s/he is a tenant or Homebuyer in a housing project of the Commission, and 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/her as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his/her capacity as a tenant or Homebuyer), or to be counted or treated as a member of the Commission, concerning any matter involving his/her individual rights, obligations or status as a tenant or Homebuyer.

4.05. Term of Office.

  1. Initial Appointments. The term of office for commissioners shall be four years and staggered, provided that when the Commission is first established, one member's term shall be designated to expire in one year, another to expire in two years, a third to expire in three years, and the last two in four years. Thereafter, all appointments shall be for four years, except that in the case of a prior vacancy. Each member of the Commission shall hold office until his successor has been appointed and has qualified.
  2. Vacancies. In the case of any vacancy resulting from the death, resignation or removal of a Commissioner, the Tribal Ogema shall nominate one or more persons for appointment by the Tribal Council to fill the vacant position within 30 days after such vacancy occurs. The term of office for any person appointed to fill a vacancy shall be only for the length of the unexpired term he/she is filling.

4.06. Appointment of Commission Officers. The Council shall designate one of the Commissioners appointed to serve as Chairperson of the Commission. The Commission shall elect from among its members a ViceChairperson, a Secretary, and a Treasurer, and any member may hold two of these positions. In the absence of the Chairperson, the Vice-Chairperson shall preside, and in the absence of both the Chairperson and ViceChairperson, the Secretary shall preside. If the Chairperson should die, resign or be removed from office during his/her term of office, the Council shall designate another Commissioner to serve as Chairperson for the balance of his/her term.

4.07. Removal of Commissioner. A member of the Commission may be removed by the appointing power for serious inefficiency, neglect of duty, or for misconduct in office, but only after a hearing before the Tribal Council and duly after the member has been given a written notice of the specific charges against him/her at least 10 days prior to the hearing. At any such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his/her behalf. In event of removal of any Commission member, a record of the proceedings, together with the charges and findings thereon, shall be maintained by the Tribal Council.

4.08. The Commissioners shall not receive compensation through the Commission for their services but shall be entitled to a stipend for attendance at each meeting of the Commission. Subject to approval of such expenses in the Commission's budget, Commissioners may receive reimbursement for actual expenses, including travel expenses, incurred in the discharge of their duties.

4.09. Quorum to Conduct Business. A quorum of the Commission shall constitute three members of the Commission.

4.10. Duties of Secretary. The Secretary shall keep complete and accurate records of all meetings and actions taken by the Commission. These records shall be retained at the offices of the Housing Commission.

4.11. Duties of Treasurer. The Treasurer shall keep full and accurate financial records, make periodic reports to the Commission, and submit a complete annual report, in written form to the Council as required by Section 8.01 of this ordinance.

4.12. Meetings of the Commission. Meetings of the Commission shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon 24 hours actual notice and business transacted, provided that not less than a majority of the full Commission concurs in the proposed action.


Section 5. Powers

5.01. The Commission shall have perpetual succession in its corporate name.

5.02. Consent to Suit. The Tribal Council hereby gives its irrevocable consent to allowing the Commission to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and hereby authorizes the Commission to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribe shall not be liable for the debts or obligations of the Commission. Any consent to suit or waiver of immunity shall be in writing and evidenced by a duly adopted Resolution of the Commission. Consents to suit or waivers of immunity shall be specific in nature and shall designate the forum (courts) in which such consent applies, the party(ies) to whom such consent or waiver extends, contain a fixed limited time during which the consent or waiver shall be valid, and include appropriate limitations on recourse, and any contingent matters or conditions precedent to enforcement. Any consent to suit or waiver of immunity, which relates to, or provides as security, interests in Tribal lands, may also require the approval of the Secretary of the Interior in accordance with 25 U.S.C. Section 81. A copy of agreements or obligations containing a consent or waiver, together with the Resolution authorizing such consent or waiver shall be filed with the Tribal Council.

5.03. The Commission shall have the following powers, which it may exercise consistent with the purposes for which it is established:

  1. To adopt and use a corporate seal.
  2. To prepare and submit the Tribe's Indian Housing Plan(s) under the Native American Housing Assistance and Self Determination Act of 1996 (Pub. L.104-330;110 Stat. 4019) and any successor authority. Prior to submitting such Plan(s), or updates/amendments thereto, the Housing Commission shall obtain the concurrence of the Tribal Council.
  3. To enter into agreements, contracts and understandings with any governmental agency, Federal, state or local (including the Tribal Council) or with any person, partnership, corporation, or Indian tribe, and to agree to any conditions attached to Federal financial assistance.
  4. 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 compliance with labor standards, in the development or operation of projects. The Commission may include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors 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 any project.
  5. To obligate itself in any contract with the Federal government, to convey to the Federal government possession of or title to any 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 Commission 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 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 Commission the project as then constituted. ,
  6. 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.
  7. 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 6 of the ordinance.
  8. To pledge the assets and receipts of the Commission as security for debts, and to acquire, sell, lease, exchange; transfer or assign personal property or interests therein.
  9. 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, provided that any acquisitions proposed shall be completed in accordance with the Tribe's land acquisition procedures and policies and any proposed development or use of lands shall be consistent with the Tribe's land use/acquisition plan. Where any such plans or policies allocate administrative or executive responsibilities to the Tribal Ogema, such responsibilities may be carried out directly by the Chairperson of the Commission or his/her designee.
  10. To undertake and carry out studies and analyses of housing needs, to prepare housing needs, 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.
  11. 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 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 the Commission may deem necessary and desirable to effectuate the powers granted by this ordinance.
  12. To finance the purchase of a home by an eligible homebuyer in accordance with the regulations and requirements of the Department of Housing and Urban Development, and/or other public or private source(s) of funding.
  13. To terminate any lease, mortgage, rental/agreement, or lease-purchase agreement when the tenant, mortgagee, 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, mortgagee, or Homebuyer.
  14. To establish income limits for admission to Federally assisted housing that insure that dwelling accommodations in a Federally assisted housing project shall be made available only to persons of low income.
  15. To purchase insurance or participate in a risk management pool 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.
  18. To employ an executive director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Commission may require; and to delegate to such officers and employees such powers or duties as the Commission shall deem proper.
  19. To take such further actions as are commonly engaged in by public bodies of this character as the Commission may deem necessary and desirable to effectuate the purposes of the Commission.
  20. To adopt bylaws as the Commission deems necessary and appropriate.
  21. To develop and adopt policies and procedures for the management and operation of the Commission, provided that personnel policies and procedures adopted by the Commission are consistent with those adopted by the Tribe.

5.04. It is the purpose and intent of this ordinance to authorize the Commission to do any and all things necessary or desirable to secure public or private financing or the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Commission.


Section 6. Obligations.

6.01. The Commission 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. The Commission may issue such types of obligations as it may determine, including obligations on which the principal and interest are payable:

  1. Exclusively from the income and revenues of the project financed with proceeds of such obligations, or with such income and revenues together with a grant from the Federal government in aid of such project;
  2. Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or
  3. From its revenues generally.

Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Commission.

6.02. No Personal Liability for Obligations. Neither the commissioners of the Commission nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

6.03. No Tribal Liability for Obligations. The notes and other obligations of the Commission shall not be a debt of the Tribe and the obligations shall so state on their face.

6.04. Obligations of the Commission 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:

  1. The Commission and the Tribe, and
  2. The holders of obligations and each of them, including all transferees of the obligations from time to time.

6.05. Obligations shall be issued and sold in the following manner:
  1. Obligations of the Commission shall be authorized by a resolution adopted by the vote of a majority of the full Commission and may be issued in one or more series.
  2. 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 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.
  3. The obligations may be sold at public or private sale at not less than par.
  4. In case any of the commissioners of the Commission 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.

6.06. Obligations of the Commission shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Commission or the security therefor, any such obligation reciting in substance that it has been issued by the Commission to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this ordinance.

6.07. In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Commission, subject to the limitations in this ordinance, may:

  1. Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
  2. Provide for the powers and duties of 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.
  3. Covenant against pledging all or any part of its rents, fees and revenues 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.
  4. Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any project or any part thereof.
  5. Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to use and disposition of the proceeds thereof.
  6. Provide for the replacement of lost, destroyed or mutilated obligations.
  7. Covenant against extending the time for the payment of its obligations or interest thereon.
  8. Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.
  9. 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.
  10. Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.
  11. 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.
  12. 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.
  13. Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.
  14. 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.
  15. Vest in any obligees or any proportion of them the right to enforce the payment the obligations or any covenants, securing or relating to the obligations.
  16. Exercise all or any part or combination of the powers granted in this section.
  17. Make covenants other than and in addition to the covenants expressly authorized in this section, of the like or different character.
  18. 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 Commission, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.


Section 7. Miscellaneous Responsibilities.

7.01. Annual Report to Tribal Council. The Commission shall submit an annual report, signed by the
 Chairperson of the Commission, to the Council showing:

  1. A summary of the year's activities;
  2. The financial condition of the Commission;
  3. The condition of the properties;
  4. The number of units and vacancies;
  5. Any significant problems and accomplishments;
  6. Plans for the future; and
  7. Such other information as the Commission or the Council shall deem pertinent.

7.02. During his or her tenure and for one year thereafter, no commissioner, officer or employee of the Commission, or any member of any governing body of the Tribe, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project, unless prior to such acquisition, he or she discloses his or her potential interest in writing to the Commission, and such disclosure is entered upon the minutes of the Commission, and the commissioner, officer or employee shall not participate in any action by the Commission relating to the property or contract in which he or she has any such interest. If any commissioner, officer or employee of the Commission 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 Commission; and such disclosure shall be entered upon the minutes of the Commission relating to the property or contract in which he or she 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 Commission 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 Commission as provided in Section 6.01 (a) (4).

7.03. Each project developed or operated under a contract providing for Federal financial assistance shall be developed and operated in compliance with all requirements of such contract and applicable Federal legislation, and with all regulations and requirements prescribed from time to time by the Federal government in connection with such assistance.

7.04. The Commission's budget shall include an appropriation of funds to obtain or provide for the obtaining of adequate fidelity bond for persons handling cash, or authorized to sign checks or certify vouchers.

7.05. The Commission shall not construct or operate any project for profit.

7.06. The property of the Commission is declared to be public property used for essential public and governmental purposes and such property and the Commission are exempt from all taxes and special assessments of the Tribe and the Commission shall take steps to assure that Commission properties which are not located on trust lands are exempt from all taxes and special assessments of local governments.

7.07. All property including funds acquired or held by the Commission 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 judgement against the Commission 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 Commission 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 right of the Commission to bring eviction actions in accordance with Section 5.03(m).


Section 8. Cooperation in Connection With Projects.

8.01. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribe hereby agrees that:

  1. It will not levy or impose any real or personal property taxes or special assessments upon the Commission or any project of the Commission.
  2. It will furnish or cause to be furnished to the Commission and the owners/tenants of projects any services and facilities the Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.
  3. 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 of such project, and the surrounding territory. The Commission shall have the burden of establishing, to the satisfaction of the Tribe, that a requested deviation from building, housing or zoning codes is reasonable and necessary.
  4. 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.
  5. The Tribal Government hereby declares that the powers of the Tribal Government shall be vigorously utilized to enforce eviction of a tenant, mortgagee, or Homebuyer for nonpayment or other contract violations including action through the appropriate courts.
  6. The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or Homebuyer. The Tribal Government hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or Homebuyer for nonpayment or other contract violations.

8.02. The provisions of this Section shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed or modified without the consent of the Department of Housing and Urban Development, so long as

  1. the federally assisted project is owned by a public body or governmental agency and is used for low income housing purposes,
  2. any contract between the Commission and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such project, remains in force and effect, or
  3. any obligations issued in connection with such project or any monies due to the Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing including the Federal government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency.

Section 9. Approval by Secretary of the Interior.

9.01. With respect to any financial assistance contract between the Commission and the Federal government, the Commission shall obtain the approval of the Secretary of the Interior or his designee.

Housing Commission Ordinance
 Ordinance 96-700-01
 Adopted - November 10,1996
 Amended - December 8,1996
 Recodified and Amended - January 10,1999
Updated: June 6, 2001(10:36am)

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TRIBAL ELDERS' ASSISTANCE PROGRAM
Ordinance # 00-100-03

Section 1. Purpose.

1.01. This Tribal Elders' Assistance Program has been developed to promote the general welfare of the Elder population by assisting Tribal Elders in addressing their need for sufficient health care, housing, utilities, transportation, safety, dignity and quality of life.

1.02. It is the intention of the Tribal Council to establish this Elders' Assistance Program to be consistent with the General Welfare Doctrine as recognized by the Internal Revenue Service (IRS) and that the assistance payments made under this program be exempt from federal income taxes. (P.L.R. 8840031)(July 11,1988); Bannon v C.I.R., 99 T.C. 59, 62 (1992).

1.03. The Tribal Council believes that the most effective means of addressing the wide range of needs Tribal Elders have is to provide general assistance payments to Tribal Elders, which are not restricted to specific purposes, and which allow Elders to make their own decisions regarding the allocation or use of assistance payments.

1.04. This Ordinance is intended to comply with the requirements of the Tribal Constitution, the Little River Band of Ottawa Indians Gaming Ordinance, Ordinance No. 97-400-01, as amended, and the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq. ("IGRA").


Section 2. Findings.

The Tribal Council of the Little River Band of Ottawa Indians finds:

2.01. Tribal Elders as a class experience higher rates of poverty, isolation, chronic disease, mental health and other socio-economic problems than the general population, including the general population of Tribal members. These findings are substantiated by the 1992-1996 Long Term Care Study conducted by the Institute of Gerontology at Wayne State University, which specifically assessed the socioeconomic conditions of the Tribal Elder population of the Little River Band of Ottawa Indians. (E. Chapleski et al.)

2.02. Consistent with the traditions and values of the Anishnabek, Tribal Elders hold positions of honor and respect in our society and the institution of programs that promote the health and general welfare of Tribal Elders should be a priority of Tribal Government.

2.03. Nearly half of all Tribal Elders within the Little River Band of Ottawa Indians are 70 years of age and older. It is widely recognized that with increasing age, the incidence of chronic disease, functional limitations and other social and economic need increases.

2.04. The current, single-purpose assistance programs available through the Tribe cannot adequately meet the diverse needs of Tribal Elders.

2.05. The Tribal government has a responsibility to address the critical, unmet needs of Tribal Elders without further delay and without imposing intrusive procedural and paperwork requirements on Tribal Elders.

2.06. Tribal Elders can best be served by an assistance program that gives Tribal Elders the right to determine their own priorities and the right to allocate assistance payments to those priorities.


Section 3. Definitions. For the purposes of this Ordinance:

3.01. "Elder Assistance Payment" means the payment(s) made to Qualified Tribal Elders who apply for assistance and meet the eligibility requirements established for the Elders' Assistance Program.

3.02. "Elders' Committee" means the standing advisory committee created for the purpose of coordinating established for the purpose of representing Tribal Elders.

3.03. "Qualified Tribal Elder" means any duly enrolled Tribal member of the Little River Band of Ottawa Indians who is, or will be, 55 years of age or older as of December 31 of the year in which the Elder Assistance Payments are distributed.


Section 4. Assistance Payments to Tribal Elders.

4.01. Elders Assistance Fund. In order to promote the governmental purpose of providing for the health, welfare, and safety of Tribal Elders, the Tribal Council hereby establishes an Elders Assistance Fund to make general welfare assistance payments to Tribal Elders.

4.02. Schedule of Qualified Tribal Elders. Before October 1 of each year, the Tribal Registrar shall prepare and certify a schedule containing the name, address and age of each qualified Tribal Elder. The schedule of Tribal Elders shall be updated annually.

4.03. Every qualified Tribal Elder whose name appears on the schedule of Tribal Elders shall be eligible to receive Elder Assistance Payments authorized for the next Fiscal Year, provided he/she submits an application for assistance on the form prepared for that purpose.

4.04. The Elder's Committee, with the assistance of the Tribe's Family Services Department, shall develop appropriate procedures, including a simplified application form, to implement this Elders' Assistance Program. In promulgating those procedures, the Elders' Committee shall not have the authority to adopt any procedures which conflict with any express terms or limitations contained in this Ordinance.

4.05. Subject to the availability of general revenue funds, every Tribal Elder submitting a completed application for an Elder Assistance Payment shall receive an assistance payment according to a schedule to be proposed by the Tribal Ogema and approved by the Tribal Council.

4.06. Appropriation for Elders Assistance Fund to be Included in Tribal Budget. The Tribal Ogema shall, in consultation with the Tribal Controller, determine the amount of general revenue funds, which amount may be allocated to the Elder Assistance Program and the level of assistance payments proposed for Elders in each age classification. The Tribal Ogema shall request an appropriation of general revenue funds sufficient to fund the Elder Assistance Program proposed as part of the Tribal Budget.

4.07. The schedule of payments proposed by the Tribal Ogema for Tribal Elders shall include graduated assistance payments, which provide larger assistance payments for Tribal Elders in older age classes or for groups of Elders with greater, demonstrated unmet needs.

4.08. Tribal Elders may elect to receive their Elder Assistance Payment in a lump sum, quarterly payments or monthly payments in accordance with the procedures developed by the Elders' Committee.


Section 4a. Elder Assistance Program for Fiscal Year 2000.

4.01 a. Elder Assistance Payments for Fiscal Year 2000. For purposes of the initial assistance payments to be made in Fiscal Year 2000, the following schedule of payments shall be utilized:

  1. The sum of $2,000.00 shall be paid to each qualified Tribal Elder who is living and will have attained the age of 55 years of age, but will be less than 70 years of age as of December 31, 2000.
  2. The sum of $3,000.00 shall be paid to each qualified Tribal Elder who is living and will have attained the age of 70 years of age or older as of December 31, 2000.

4.02a. Elder Assistance Payments shall be made in a lump sum check mailed to the last known address of each qualified Tribal Elder on or before December 15, 2000.

4.03a. Applications must be postmarked on or before December 15, 2000 to be eligible to receive an Elder Assistance Payment for Fiscal Year 2000. Provided that, the Tribal Council, at the request of the Tribal Ogema, may create, by resolution, exceptions to this deadline date in the interest of providing needed assistance to qualified Tribal Elder's where the application was received after the deadline date, but prior to December 31, 2000.


Section 5. Review of Elder Assistance Program.

5.01. Prior to December 1, 2001, the Tribe's Family Services and Health Departments shall survey Tribal Elders to analyze the impact and effectiveness of the Elder Assistance Program. That analysis shall include information assessing the number of Tribal Elders served, the purposes for which Elder Assistance Payments are used, and the level and type(s) of continuing unmet needs amongst Tribal Elders in various age classes to provide recommendations to the Tribal Council to improve the effectiveness of the Program.


Section 6. Severability.

6.01. If any section, or any part thereof, of this Ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by the Department of the Interior, the remainder of the section or part of this Ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.


Section 7. No Waiver of Sovereign Immunity.

7.01. Nothing in this Ordinance shall provide or be interpreted to provide a waiver of sovereign immunity from suit of the Tribe or any of its governmental officers and/or agents.


Section 8. Effective Date.

8.01. This Ordinance shall take immediate effect after the date of its enactment.

 Tribal Elder's Assistance Program
 Ordinance # 00-100-03
 Adopted - November 11, 2000
Updated: June 6, 2001 (10:36am)

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