SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 6
HOUSING AUTHORITY
Pursuant to the authority vested in the Sisseton-Wahpeton Sioux Tribe, by its Constitution, and particularly by Article VII, Sections (a) , (b) , (g) k and (h) thereof, and its authority to provide for the health, safety, morals, and welfare of the Tribe, the Tribal Council of the Sisseton-Wahpeton Sioux Tribe, hereby establishes a public body known as the Sisseton-Wahpeton Housing Authority (hereinafter referred to as the Authority), and enacts this ordinance which shall establish the purposes, powers, duties and authority. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any of its contracts, the Authority 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 Secretary of the Council shall be admissible in evidence in any suit, action, or proceeding.
06-01-01 CREATION OF HOUSING AUTHORITY
The Sisseton-Wahpeton Sioux Tribe Housing Authority was established by Resolution
No. 67-1 of the Tribal Council.
06-02-01 CREATION OF BOARD OF COMMISSIONERS
The Sisseton-Wahpeton Sioux Tribe Housing Authority Board of Commissioners was
established by Resolution No. 67-1 of the Tribal Council. The Resolution provides
for the number, selection, removal, qualifications, and term of office of members
of the Board.
06-03-01 DUTIES OF THE HOARD OF COMMISSIONERS
The duties of the Board of Commissioners are stated in Resolution No. 68-2 of
the Tribal
Council. In addition to the duties stated in the aforementioned Resolution,
the Board shall hold a hearing or otherwise seek to resolve all landlord-tenant
disputes over repair bills in an amount less than three hundred dollars ($300.00)
and shall determine whether the Authority should proceed in Court against any
tenant who owes the Authority more than three hundred dollars ($300.00) for
repairs to a dwelling.
06-03-02 The Board shall have no jurisdiction to seek a resolution of any matter which may constitute a ground for eviction under Chapter 07-02-03. The Executive Director of the Housing Authority shall seek to resolve without Court action, all matters which may constitute grounds for eviction under the aforementioned Chapter and Section, subject to the provisions of this Section regarding repairs. If the Executive Director cannot satisfactorily resolve such a matter with a tenant, the Executive Director may commence an eviction proceeding before the Housing Division of the Tribal court under Chapter 7.
06-03-03 At the trial, the Court shall require the Executive Director to present in evidence a written statement or sworn testimony documenting the efforts made by the Housing Authority to resolve the matter in litigation without Court action..
06-04-01 DECLARATION OF NEEDIt is hereby declared:
1. That there exists on the Sisseton-Wahpeton Reservation, unsanitary, unsafe,
and overcrowded dwelling accommodations; that there is a shortage of safe or
sanitary dwelling accommodations available at rent or prices which persons of
low income can afford; and that such shortage forces such person to occupy unsanitary,
unsafe, and overcrowded dwelling places;
2. That these conditions cause an increase in, and spread disease and crime
and constitute a menace to the 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 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; and
6. That the necessity in the public interest for the provisions hereinafter
enacted is hereby declared as a matter of legislative determination.
06-05-01 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; and
3. Providing employment opportunities through the construction, reconstruction,
improvement, extension,. alteration, or repair, and operation of low income
dwellings.
06-06-01 DEFINITIONS
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.
06-06-01 Area of Operation - means all areas within the jurisdiction of the Tribe.
06-06-02 Board - means the Board of Commissioners of the Authority.
06-06-03 Council - means the Sisseton-Wahpeton Sioux Tribal Council.
06-06-04 Federal Government - includes the United States of America,
the Department of
Housing and Urban Development (HUD), or any other agency or instrumentality,
corporate or otherwise, of the United States of America.
06-06-05 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, apartment, or other living accommodations for persons of low income. 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 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; or improvements of 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.
06-06-06 Obligation - means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this Ordinance.
06-06-07 Obligee - means 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..
06-06-08 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.
06-07-01 HOARD OF COMMISSIONERS
The Affairs of the Authority shall be managed by a Board of Commissioners composed
of five (5) persons;
1. The Board members shall be appointed, and may be reappointed by the Council.
A certificate of the Secretary 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.
2. A Commissioner may be a member or a nonmember of the Tribe, and may be a
member or nonmember of the Tribal Council.
3. No person shall be barred from serving on the Board because he is a tenant
or home buyer in a housing project of the Authority; and such commissioner shall
be entitled to fully participate in all meetings concerning matters that affect
all of the tenants or home buyers, even though such matter affects him as well.
However, no such commissioner shall be entitled to or permitted to participate
in, or be present at any meeting (except in his capacity as a tenant or home
buyer) or be counted or treated as a member of the Board, concerning any matter
involving his individual rights, obligations or status as a tenant or home buyer.
06-07-02 The term of office shall be four (4) years and staggered. When the Board is first established, one member's term shall be designated to expire in one (1) year, another to expire in two (2) years, a third to expire in three (3) years, and the last two shall expire in four (4) years. Thereafter, all appointments shall be for four (4) years, except that in the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Board shall hold office until his successor has been appointed and qualified.
06-07-03 The Council shall name one of the Commissioners as Chairman of the Board. The Board shall elect from among its members a Vice-Chairman, Secretary, and Treasurer. Any member may hold two of these positions. Any member may hold two of these positions. In the absence of the Chairman, the Vice-Chairman, shall preside; and in the absence of both the Chairman and Vice-Chairman, the Secretary shall preside.
06-07-04 A member of the Board may be removed by the appointing power for serious inefficiency or neglect of duty or for misconduct in office, but only after a hearing before the appointing power; 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 member shall have the opportunity to be heard in person or by counsel, and to present witnesses in his own behalf. In the event of removal of any Board member, a record of the proceeding, together with the charges and findings thereon, shall be filed with the appointing power, and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.
06-07-05 The Commissioners 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.
06-07-06 A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board action shall be taken by a vote of less than a majority of such full Board.
06-07-07 The Secretary shall keep complete and accurate records of all meetings and actions taken by the Board.
06-07-08 The Treasurer shall keep full and accurate financial records, make periodic reports to the Board, and submit a complete annual report, in written form; to the Council as required by
Section 06-11-01 of this Ordinance.
06-07-09 Meetings of the Board shall be held at regular intervals as provided in the By-laws. Emergency meetings may be held upon twenty-four (24) hours actual notice, and business transacted, provided that not less than a majority of the full Board concurs with the proposed action.
06-08-01 POWERS
The Authority shall have perpetual succession in its corporate name.
06-08-02 The Council hereby gives its irrevocable consent to allow 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.
06-08-3 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 Council) 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 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;
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 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 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 terms of such contract; provided, that the contract requires
that, as soon as practicable after the Federal Government is satisfied that
all defaults with respect to the project have been cured, and that the project
will thereafter be operated in accordance with the terms of the contract, the
Federal Government shall reconvey to the Authority, the project as then constituted;
5. 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;
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
Sections 06-09-01 of this ordinance;
7. 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;
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 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 election of tenants or home buyers,
including the establishment of priorities; and concerning the occupancy, rental,
care 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;
11. To finance purchase of a home by an eligible home buyer in accordance with
regulations and requirements of the Department of Housing and Urban Development;
12. To terminate any lease or rental agreement or lease purchase agreement when
the tenant or home buyer has violated the terms of such agreement, or failed
to meets 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 home buyer;
13. 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;
14. To purchase insurance from any stock or mutual company for any property
or against any risk or hazards;
15. To invest such funds as are not required for immediate disbursement;
16. To establish and maintain such bank accounts as may be necessary or convenient;
17. To employ an executive director, technical and maintenance personnel and
such other officers and employees, permanent and temporary, as the Authority
may require; and to delegate to such officers and employees such powers and
duties as the Board shall deem proper;
18. To take such further actions as are commonly engaged in by public bodies
of this character as the Board may deem necessary and desirable to effectuate
the purposes of this Authority:
19. 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, 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 other wise, in the name of
the Authority or in the name of such agency or agencies.
20. To adopt such bylaws as the Board deems necessary and appropriate.
06-08-04 It is the purpose and intent of this ordinance to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any project by the Authority.
06-08-05 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.
06-09-01 OBLIGATIONS
The Authority may issue obligations from time to time in its discretion for
any of its purposes and may also issue refunding obligations for the purpose
of paying or retiring obligations previously issued by :it. The Authority -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 the
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
Authority.
06-09-02 Neither the commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.
06-09-03 The notes or other obligations of the Authority shall not be a debt of the Tribe and the obligations shall so state on their face.
06-09-04 Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this Ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this Ordinance, and without necessity of being restated in the obligations, a contract between, 1) the Authority and the Tribe, and 2) the holders of obligations and each of the, including all transfers of the obligations from time to time.
06-09-05 Obligations shall be issued and sold in the following manner
1. Obligations of the Authority shall be authorized by a resolution and adopted
by the vote of a majority of the full Board 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;
and
4. In any case where 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 remain: I in office until delivery.
06-09-06 Obligations of the Authority shall be fully negotiable. In any suit, action or proceeding involving the 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 purposes and provisions of this ordinance.
06-09-07 In connection with the issuance of obligations or incurring of obligations under leases and to secure payment of such obligations, the Authority, 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 rights then exist, or may thereafter come into existence;
2. Provide for the powers and duties of obligee and limit their liabilities
and provide the terms and conditions on which such obligee may enforce any covenant
or rights securing or relating to the obligations;
3. Covenant against pledging all or any part of its rents, fees, or 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;
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 what other or additional debts or obligations may be incurred
by it;
6. 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;
7. Provide for the replacement of lost, destroyed, or mutilated obligations;
8. Covenant against extending the time for the payment of its obligations or
interest thereon;
9. Redeem the obligations and covenant for their redemption and provide the
terms and conditions thereof;
10. 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;
11. Create or authorize the creation of special funds for movies held for construction
or operating costs, debt service, reserves or other purposes, and covenant as
to the use and disposition of the movies held in such funds;
12. 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 holder of which must consent thereto; and the manner in which
such consent may be given;
13. 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 movies;
14. Covenant as to the rights, liabilities, powers and duties arising upon the
breach by it of any covenant, condition or obligation;
15. 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;
16. Vest in any obligee or any proportion of them, the right to enforce the
payment of the obligations of any covenant securing or relating to the obligations;
17. Exercise all or any part or combination of the powers granted in this Section;
18. Make covenants other than, and in addition to, the covenants expressly authorized
in this Section, of like or different character;
19. 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 obligation more marketable, although the
covenants, acts or things are not enumerated in this Section;
20. The Housing Authority, prior to the development of any additional housing
units or major renovation plans, shall consult with the Tribal Planning Department
and the Tribal Planning Commission for their participation and input of a housing
development plan;
21. The Housing Authority Board shall routinely provide copies of all minutes
to the Tribal Council of the Sisseton-Wahpeton Sioux Tribe;
22. The Director of the Housing Authority shall attend all Staff Director meetings
of the Sisseton-Wahpeton Sioux Tribe, and shall be in attendance at Tribal General
Council meetings to present the annual report;
23. The Housing Authority Director shall provide appropriate District Councils
with a delinquent rent payment listing;
24. The Housing Authority Board shall, as soon as possible, make available to
the Tribal council, the criteria and policy developed; which permits the occupancy
of low rent housing units; and
25. The Director of the Housing Authority shall consult with the District Councils
in matters of occupancy selection, provided that such District Councils have
informed the Tribal Council of its intent to participate in the occupancy selection
process.
06-10-01 MISCELLANEOUS
The Authority shall submit an annual report 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 Council shall deem pertinent.
06-10-02 During his tenure and for one year thereafter, no Commissioner, officer, or employee of the Authority, or any member of any governing body of the Tribe, or any other public official who exercises any- responsibilities 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 discloses his interest in writing to the Authority, and such disclosure is 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 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 06-07-01.
06-10-03 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.
06-10-04 The Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers.
06-10-05 The Authority shall not construct or operate any project for
profit.
06-10-06 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.
06-10-07 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 judgement against the Authority be a charge - or lien upon such property. However, the provisions of this Section shall not apply to, or limit the right of obligee, to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues, or the right of the Federal Government to pursue any remedies conferred upon it pursuant to the provisions of this Ordinance or the right of the Authority to bring eviction actions in accordance with Section 06-08-03, subsection 1.
06-11-01 COOPERATION IN CONNECTION WITH PROJECTS
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 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 furnished 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 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 or home buyer for
nonpayment or other contract violations including action through the appropriate
Courts; and
6. The Tribal Courts-shall have jurisdiction to hear and determine an action
for eviction of a tenant or home buyer. The Tribal Government hereby declares
that the powers of the Tribal Courts shall be vigorously utilized to enforce
eviction of .a tenant or home buyer for nonpayment or other contract violations.
06-11-02 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, so long as:
1. The project is used for low income housing purposes;
2. Any contract between the Authority and 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 insure
to the benefit of and be enforced by such public or governmental agency.
With respect to any financial assistance contract between the Authority and the Federal
Government, the Authority shall obtain the approval of the Secretary of the Interior, or his designee.
06-13-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for
any reason be adjudicated by any Court of competent jurisdiction, to be invalid
or unconstitutional, such judgement shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy
in which the judgement shall have been rendered.