CHAPTER
90: HOUSING AUTHORITY ORDINANCE
CONTENTS:
Subchapter
I: Preamble
Subchapter II: Definitions
Subchapter III: Housing Authority Commission
Subchapter IV: Powers and Obligations
Subchapter V: General Provisions
HISTORY
NOTE:
Current
Ordinance:
Adopted
as Tribal Ordinance No. 1 in 1975 following the approval of the Tribal
Constitution.
Reenacted
in Tribal Code format as part of the Tribal Code on July 5, 1995, Resolution
No. 95-89, effective immediately.
Amendments:
Tribal
Resolution No. 2002-04, adopted January 15, 2002, amended various sections.
Tribal
Resolution No. 2-22-78D, adopted February 28, 1978, expanded the number
of commissioners from 5 to 7.
Tribal
Resolution No. 8-11-92B, adopted August 11, 1992, amended Articles II
and VI. This amendment was formally approved by HUD under 24 CFR 905.126(b)
by memorandum on October 22, 1992.
Prior
Ordinances:
The Housing
Authority was first established by the Original Band of the Sault Ste.
Marie Chippewa Indians and Their Heirs, Inc., a state nonprofit corporation
that was the predecessor of the Tribe, in Resolution No. 72-101. It
was reenacted in substantially its current form by the Original Bands
in Resolution No. 9-23-74-2, September 23, 1994.
SUBCHAPTER
I: PREAMBLE
90.101 Short Title.
This Ordinance
shall be known as the Sault Ste. Marie Tribe of Chippewa Indians Housing
Authority Ordinance, Tribal Code, Chapter 90.
90.102 Declaration of Need.
It is
here by declared:
(1)
that there exists within the Tribes seven county service area,
unsanitary, unsafe and overcrowded dwelling accommodations available
at rents or prices which persons of low income can afford; and that
such shortage forces such persons to 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, moral 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 for persons
of low income cannot be relieved through the operation of private
enterprise;
(4)
that the providing of decent, safe and sanitary dwelling accommodations
for persons of low income 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 lower costs will make possible a more stable and larger volume
of residential construction and housing supply which will assist materially
in achieving full employment;
(6)
that the necessity in the public interest for the provisions hereinafter
enacted is hereby declared as a matter of legislative determination;
(7)
that Tribal families are in need of home buyer assistance.
90.103 Purposes.
The Authority
shall be organized and operated for the purposes of:
(1)
remedying unsafe and unsanitary housing conditions that are injurious
to the public health, safety and morals;
(2)
alleviating the acute shortage of decent, safe and sanitary dwellings
for persons of low income;
(3)
providing employment opportunities through the construction, reconstruction,
improvement, extension, alteration or repair and operation of low
income dwellings;
(4)
providing real or personal property necessary, convenient or desirable
for administrative, community, health, recreational and welfare purposes;
(5)
improving the quality of life in all Tribal communities;
(6)
engaging in activities that are directly or indirectly related to
housing, including, but not limited to: mortgage and servicing; housing
development and management; development and management of such housing-related
services as laundromats, cleaning services, inspections, etc;
(7)
participating in entities formed to accomplish any of the above-described
purposes including acting as a general partner of a limited partnership;
and
(8)
to act as a recipient and receive block grant funds authorized under
PL 104-330 and administer such funds in accordance with the provisions
of the Act, as authorized by the Board.
SUBCHAPTER II: DEFINITIONS
90.201 General Provisions.
For the
purpose of this Ordinance, certain terms are defined in the Subchapter.
When not inconsistent with the context, words used in the present tense
include the future, words in the singular number include the plural
number, words in the plural number include the singular number, and
words in the masculine gender include the feminine gender. The word
"shall" is always mandatory and not merely directory.
90.202 Act.
Act
means the Native American Housing and Self-Determination Act.
90.203 Board.
Board
means the governing body of the Tribe.
90.204 Commission.
Commission
means the Housing Authority Commission.
90.205 Federal Government.
"Federal
Government" includes the United States of America, the Department
of Housing and Urban Development, or any other agency o instrumentality,
corporate or otherwise of the United States of America.
90.206 Homebuyer.
"Homebuyer"
means a person(s) who has executed a lease-purchase agreement with the
Authority, and who has yet achieved homeownership.
90.207 Homeowner.
Homeowner
means a person(s) who has title to their home.
90.208 Authority.
Authority
shall mean the Housing Authority.
90.209 Housing Project or Project.
"Housing
Project" or "project" means any work or undertaking to
provide or assist in providing decent, safe and sanitary dwellings,
apartments, or other living accommodations for persons of low income
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), or to provide facilities
for administrative, community, health, recreational and welfare purposes.
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. 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 project.
90.210 Indian Housing Plan.
Indian
Housing Plan means the Commission approved and Board ratified
comprehensive housing plan required under the Native American Housing
and Self Determination Act of 1996.
90.211 Obligations.
"Obligations"
means any notes, bonds, interim certificates, debentures or other forms
of obligation issued by the Authority pursuant to this Ordinance.
90.212 Obligee.
"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, and the Federal government when it is
a party to any contract with the Authority in respect to a housing project.
90.213 Ordinance.
Ordinance
means Tribal Code, Chapter 90, Housing Authority Ordinance.
90.214 Persons of Low Income.
"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 and have
family income less than eighty percent (80%) of the national median
income.
90.215 Tenant.
Tenant
means one who pays rent for the use and occupation of anothers
land or building under a lease or similar arrangement.
90.216 Tribal Court
Tribal
Court means the Sault Ste. Marie Chippewa Tribal Court.
90.217 Tribal Land
Tribal
Land means:
(1)
The Sault Ste. Marie Tribe of Chippewa Indians Reservation and any
other lands designated for the Tribe as a reservation lands by the
Secretary of the Interior; or
(2)
land over which the Tribe exercises governmental power that is held
in trust by the United States for the benefit of the Tribe or a member
of the Tribe, or that is owned by the Tribe in fee and is located
in a independent Indian community as that term is used
in 18 U.S.C. §1151(b).
90.218 Tribe
Tribe
means the Sault Ste. Marie Tribe of Chippewa Indians.
SUBCHAPTER III: HOUSING AUTHORITY COMMISSION
90.301 Commission; Creation.
The affairs
of the Authority shall be managed by a Commission composed of seven
persons.
90.302 Membership on the Commissioners.
(1)
The Commission members shall be appointed, and may be reappointed,
by the Board. A certificate of the Secretary of the Board as to the
appointment or reappointment of any commissioner shall be conclusive
evidence of the due and proper appointment of the Commission member.
(2)
A Commission member shall be a Tribal member.
(3)
No person shall be barred from serving on the Commission because he
is a Tenant or Homebuyer in a housing project of the Commission; and
such Commission member shall be entitled to fully participate in all
meetings concerning matters that affect all of the Tenants or Home
buyers, even though such matters affect him as well. However, no such
Commission member 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 Commission,
concerning any matter involving his individual rights, Obligations
or status as a Tenant or Homebuyer.
90.303 Membership Terms.
The term
of office shall be four years and staggered. In the case of an appointment
to fill a vacancy, the appointment shall only be for the length of the
unexpired term. Each member of the Commission shall hold office until
his successor has been appointed and has qualified.
90.304 Officers of the Commission.
(1)
The Commission shall submit to the Board its recommendation for Chairperson.
The Board shall name one of the Commission members as Chairperson
of the Commission, taking into consideration the Commission member
recommended for the Chairpersonship by the Commission. The Commission
shall elect from among its members a Vice-Chairperson, 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 Vice- Chairperson,
the Secretary shall preside.
(2)
The Secretary shall keep complete and accurate records of all meetings
and actions taken by the Commission.
(3)
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 Board as required by §90.501 of this
Ordinance.
90.305 Removal.
(1)
A member of the Commission may be removed by the Board for serious
inefficiency or neglect of duty or for misconduct in office, but only
after a hearing before the Board and only after the member has been
given a written notice of the specific charges against him at least
ten (10) days prior to the hearing. At any such hearing, the Commission
member shall have opportunity to be heard in person or by counsel
and to present witnesses in his behalf. In the event of removal of
any Commission member, a record of the proceedings, together with
the charges and findings thereto shall be filed with the Board.
90.306 Compensation.
The Commission
Member shall not receive compensation for their services but shall be
entitled to compensation for expenses, including travel expenses, incurred
in the discharge of their duties.
90.307 Meetings.
(1)
Meetings of the Commission shall be held at regular intervals as provided
in the by-laws of the Authority. 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. Special meetings may be scheduled to accommodate a canceled
regular meeting.
(2)
Telephonic and video conference meetings shall be allowed under the
following conditions:
(a)
all Commission members participating can be heard and can participate
in the discussion;
(b)
notice is given in the same manner as for a regular meeting; and
(c)
a quorum of Commission members participates in the telephone meeting.
(3)
A majority of the full Commission (notwithstanding the existence of
any vacancies) shall constitute a quorum for the transaction of business,
but no Commission action shall be taken by a vote of less than a majority
of such full Commission.
SUBCHAPTER IV: POWERS AND OBLIGATIONS
90.401 Perpetual Succession to Name.
The Authority
shall have perpetual succession in its corporate name.
90.402 Ability to Sue and Be Sued.
The Commission
hereby gives its irrevocable consent to allowing the Authority 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 Authority 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 Authority.
90.403 Powers.
The Authority
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 enter into agreements, contracts, and understandings with any governmental
agency, Federal, state, or local (including the Board) or with any
person, partnership, corporation of 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 the requirements as to minimum
salaries and 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 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.
(5)
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 this section of this
Ordinance.
(6)
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.
(7)
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 and
approved by the Commission and ratified by the Board in the Indian
Housing Plan.
(8)
To undertake and carry out studies and analysis 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.
(9)
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 Home buyers, 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 Commission may deem necessary and desirable
to effectuate the powers granted by this Ordinance.
(10)
To finance purchase of a home by an eligible Homebuyer in accordance
with regulations and requirements of the Department of Housing and
Urban Development.
(11)
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.
(12)
To establish income limits for admission that insure that dwelling
accommodations in a housing project shall be made available only eligible
participants as defined by the Indian Housing Plan.
(13)
To purchase insurance from any stock or mutual company for any property
or against any risk or hazards.
(14)
To invest such funds as are not required for immediate disbursement.
(15)
To establish and maintain such bank accounts as may be necessary or
convenient.
(16)
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 Commission shall deem proper.
(17)
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 Authority and the Indian
Housing Plan.
(18)
To join or cooperate with any other public housing agency or agencies
operating under 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 purposes, the Authority
may be 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 powers,
as the Authority's agent or otherwise, in the name of the Authority
or in the name of such agency or agencies.
(19)
to adopt such bylaws as the Commission deems necessary and appropriate.
(20)
to do any and all things necessary or desirable to secure financial
aid or cooperation of the Federal government in the undertaking, construction,
maintenance or operation of any project by the Authority.
90.404 Exclusive Application to Authority.
No ordinance
or other enactment of the Tribe with respect to the acquisition, operation
or disposition of Tribal property shall be applicable to the Authority
in its operations pursuant to this Ordinance.
90.405 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 as it may determine,
including Obligations on which the principal and interest are payable:
(a)
exclusively from the income and revenues of the project financed
with the proceeds of such Obligations, or with such income and revenues
together with a grant from the Federal government in aid of such
project;
(b)
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
(c)
from its revenues generally. Any such Obligations may be additionally
secured by a pledge of any revenues of any project or other property
of the Authority.
(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) The
notes and other Obligations of the Authority shall not be a debt of
the Tribe and the Obligations shall so state on their face.
(4)
Obligations of the Authority are declared to be used 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 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 transferees
of the Obligations from time to time.
(5)
Obligations shall be issued and sold in the following manner:
(a)
Obligations of the Authority 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.
(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 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 such price
or prices as the resolution may provide.
(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.
(6)
Obligations of the Authority shall be fully negotiable. In any suit,
action or proceeding involving validity or enforceability of any Obligation
of the Authority or the security therefor, any such Obligation reciting
in substance that it has been issued by the Authority 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 purpose and provisions
of this Ordinance.
(7)
In connection with the issuance of Obligations or in curing the Obligations
under leases and to secure the payment of such Obligations, the Authority,
subject to the limitations in this Ordinance, may:
(a)
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.
(b)
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 convenient 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)
Convenient with respect to limitations on its right to sell, lease
or otherwise dispose of any project or any part thereof.
(e)
Covenants 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 or 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 service, reserve or other
purposes, and convenient 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 or 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 covenant securing or relating
to the Obligations.
(q)
Exercise all or 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.
(t)
Pledge, mortgage or grant a security interest in all or any part
of its assets.
SUBCHAPTER V: GENERAL PROVISIONS
90.501 Annual Report.
The Authority
shall submit an annual report, signed by the Chairperson of the Commission,
to the Board showing:
(1)
a summary of the year's activities;
(2)
the financial condition of the Authority;
(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 Authority or the Board deem pertinent.
90.502 Personal Interest
During
their tenure no Commission member, 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 or functions with regard
to the project shall have any interest 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,
they disclose said interest in writing to the Authority and said disclosure
is entered upon the minutes of the Authority, and the Commission member,
officer or employee shall not participate in any action by the Authority
relating to the property or contract in which they have any such interest.
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 Commission as provided in §90.302.
90.503 Compliance with Federal Contract Requirements.
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.
90.504 Bond.
The Authority
shall obtain or provide for the obtaining of adequate fidelity bond
coverage of its officers, agent or employees handling cash or authorized
to sign checks or certify vouchers.
90.505 Non-Profit Projects.
The Authority
shall not construct or operate any project for profit.
90.506 Public Property.
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.
90.507 Judgment Proof Property.
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 to 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 provision of this Ordinance or the right of
the Authority to bring eviction actions in accordance with Section 90.
90.508 Cooperation in Connection With.
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 assistance upon the Authority or any project of the Authority.
(2)
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.
(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 and protection of such project, and the surrounding
territory.
(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,
Homebuyer, or Homeowner for nonpayment or other contract violations
including action through the appropriate courts.
(6)
The Tribal Court shall have jurisdiction to hear and determine an
action for eviction of a Tenant, Homebuyer, or Homeowner. The Tribal
government hereby declares that the powers of the Tribal Court shall
be vigorously utilized to enforce eviction of a Tenant, Homebuyer,
or Homeowner for nonpayment or other contract violations.
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