Chapter 10.05 Port Gamble S’Klallam Housing Authority

That there exists on the Port Gamble S’Klallam Reservation unsanitary, unsafe, and overcrowded housing; that there is a shortage of decent, safe and sanitary housing on and near the Port Gamble S’Klallam Reservation; and that there is a shortage of affordable housing in other areas where members of the Tribe reside; and that such shortages force persons to occupy unsanitary, unsafe and overcrowded housing and to leave the Reservation;

That these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the Reservation and to members of the Tribe residing near the Reservation; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention, prosecution and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;

That the shortage of decent, safe and sanitary housing cannot be relieved through the operation of private enterprise alone;

That the providing of decent, safe and sanitary housing and other housing assistance and related services are public uses and purposes for which money may be spent and private property acquired and are governmental functions of Tribal concern;

That residential construction activity and a supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this chapter to aid the production of better housing and more desirable neighborhoods 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.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.04 Purposes.

The Authority shall be organized and operated for the purposes of:

Provide housing, housing assistance and related services to the fullest extent possible without limitation except as set forth in this chapter and other applicable law, and irrespective of the source of financial assistance or funding for such activities;

Remedying on and near the Reservation unsafe and unsanitary housing conditions that are injurious to the public health, safety, welfare and morals;

Alleviating the acute shortage of decent, safe and sanitary housing;

Providing housing, housing assistance and related services on and near the Port Gamble S’Klallam Reservation and in other areas where members of the Tribe reside; and

Providing employment and other economic development opportunities on and near the Reservation through the construction, reconstruction, improvement, extension, alteration or repair and operation of housing and related infrastructures and facilities and through the provision of housing assistance, housing opportunities and related services.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.05 Definitions.

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

“Board”

means the Board of Commissioners of the Authority.

“Board Member” or “Commissioner”

means any member of the Board of Commissioners.

“Council”

means the Port Gamble S’Klallam Tribal Council.

“Federal Government”

includes the United States of America and any department, agency or instrumentality of the United States of America, corporate or otherwise.

“Homebuyer”

means a person(s) who has executed a lease-purchase agreement, a lease with an option to purchase or a contract to purchase a home with the Authority and who has not yet achieved homeownership and includes a person(s) who has executed a turnkey or Mutual Help and Occupancy Agreement with the Authority or a person(s) who has executed a leasehold mortgage or other mortgage or security instrument for the purchase or improvement of a home.

“Housing Project” or “Project”

means any work or undertaking to provide or assist in providing decent, safe and sanitary housing Such work or undertaking may include a building or 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 building or 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.

“Obligations”

means any notes, bonds, interim certificates, debentures, or other forms of obligations issued by the Authority pursuant to this chapter.

“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.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.06 Board of Commissioners.

The affairs of the Authority shall be managed by a Board of Commissioners composed of six (6) persons. One member shall serve as the Chair and shall only vote in case of a tie and while serving as a hearing panel member.

The Board members shall be appointed, and may be reappointed, by the Council following a recommendation by the Board of Commissioners. 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.

No person shall be barred from serving on the Board because he or she is a tenant or homebuyer 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 homebuyers, even though such matters affect him or her as well. However, no such Commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his or her capacity as a tenant or homebuyer), or to be counted or treated as a member of the Board, concerning any matter involving his or her individual rights, obligations or status as a tenant or homebuyer.

The term of office shall be three (3) years and staggered.

If a vacancy occurs on the Board in a position for which there is an unexpired term remaining, the Council shall appoint a Commissioner to complete the unexpired term following a recommendation from the Board of Commissioners.

Any Commissioner may resign at any time by delivering a written resignation to the Secretary of the Council. Such resignation shall be effective on the date stated in the resignation, or effective immediately, if no date is given.

The Council shall name one of the Commissioners as Chair of the Board. The Board shall elect from among its members a Vice-Chair a Secretary, and a Treasurer; and any member may hold two of these positions. In the absence of the Chair, the Vice-Chair shall preside; and in the absence of both the Chair and Vice-Chair, the Secretary shall preside.

§ 10.05.11 Litigation and Sovereign Immunity.

A member of the Board may be removed by the Council for (1) serious inefficiency, (2) neglect of duty, (3) misconduct in office or (4) missing three or more regularly scheduled meetings in a calendar year, but only after a hearing before the Council and only after the member has been given a written notice of the specific charges against him or 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 or her behalf. The Tribal Council may allow the member to remain on the Board when the proposed removal was based on too many absences, if the member had a serious health care issue that caused the absences. In the event of removal of any Board member, a record of proceedings, together with the charges and findings thereon, shall be filed with the Secretary of the Council.

(i)

The Commissioners shall receive reasonable compensation for their services and shall be entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties. The compensation shall be commensurate with time the board members invest.

(j)

Three members of the Board shall constitute a quorum for the transaction of business, notwithstanding the existence of any vacancies.

(k)

The Secretary shall keep complete and accurate records of all meetings and actions taken by the Board.

(l)

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 10.05.22 of this chapter. The Treasurer shall be bonded in such amount as is prescribed by the Council or by any agreement to which the Authority is a party.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section; Res. 07 A 027, 3/30/2007 changed the Board members’ terms from three to four years, provided for staggered terms, provided for removal for missing meetings, and requires a recommendation by the Board before the Council appoints a member or fills a vacancy.)

§ 10.05.07 Voting Authority.

The Board shall have authority to exercise, by majority vote of those present and voting, any powers delegated to the Authority by this chapter, except as provided in section 10.05.19 for the adoption of resolutions for the issuance or sale of obligations.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.08 Meetings.

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

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.09 Intent.

It is the intent of this chapter to empower the Authority to provide housing, housing assistance and related services to the full extent possible without limitation except as set forth in this chapter and other applicable law, and irrespective of the source of financial assistance or funding for such activities.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.10 Area of Operation.

The area of operation of the Authority shall include all lands within the exterior boundaries of the Port Gamble S’Klallam Reservation, all other lands within the jurisdiction of the Port Gamble S’Klallam Tribe, and any areas in which members of the Port Gamble S’Klallam Tribe may reside.

(Res. 05 A 065, 7/12/2005, adopted and codified this section.)

The Council hereby gives its consent, irrevocable except by amendment to this chapter, to allowing the Authority in its corporate name, to sue in courts of appropriate jurisdiction and to be sued in the Port Gamble S’Klallam Tribal Court upon any contract, claim or obligation arising out of its activities under this chapter when the Authority has agreed, by express written contract, to waive the immunity from suit it possesses as a delegate agency of the Port Gamble S’Klallam Tribe; provided that, the Port Gamble S’Klallam Tribe together with all its agencies and branches, excepting the Authority, shall not be liable for the contracted debts or obligations of the Authority; provided further, nothing in this section is intended to be nor shall the same be construed to be a waiver of the sovereign immunity of the Authority as a delegate agency of Tribe; provided further, that any waiver by the Authority of the sovereign immunity which the Authority possesses as a delegate agency of the Tribe must be explicit and set forth in a written contract to which the Authority is a party and must comply with all federal and tribal requirements for the waiver of sovereign immunity.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.12 Other Powers.

The Authority shall have the following powers which it may exercise consistent with the purposes for which it is established:

To develop housing, including the acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of housing, which may include real property acquisition, site improvement, development of utilities and utility services and other infrastructure, conversion, demolition, financing, administration and planning, and other related activities.

To provide assistance to existing housing including operating assistance and modernization.

To provide housing-related services, such as housing counseling in connection with rental, homebuyer or homeownership assistance, establishment and support of resident organizations and resident management corporations, energy auditing, activities related to the provision of self-sufficiency, education programs and other services related to assisting tenants, homebuyers and homeowners, contractors, and other entities.

To provide housing management services, including but not limited to preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and management of housing projects.

To assist the Port Gamble S’Klallam Tribe to provide safety, security, and law enforcement measures and activities appropriate to protect tenants, homebuyer and homeowners from crime.

To conduct and engage in housing activities under model programs that are designed to carry out the purposes of the Native American Housing Assistance and Self-Determination Act of 1996.

To provide other housing assistance and support services, including but not limited to voucher assistance, the establishment and operation of assisted living facilities and the provision of transient, emergency and other short-term housing.

§ 10.05.13 Purpose and Intent-Financing.

To enter into agreements, contracts and understandings with any governmental agency, federal, tribal, state or local (including the Council) or any agency or entity of the Tribe or the tribally designated housing entities of any other Indian tribe) or with any person, partnership, corporation, association or; organization, whether profit or nonprofit; and to agree to any conditions attached to any such financial assistance.

(i)

To the extent not preempted by legally valid tribal law, to agree to any legally valid 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 administration of projects, to 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 legally valid conditions which the federal government may have attached its financial aid to the project.

(j)

To lease property from the Tribe and others for such other periods as are authorized by law, and to hold and manage or to sublease or assign the same or to mortgage or give any other security interest in the same.

(k)

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 set forth in this chapter.

(l)

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.

(m)

To purchase land or interests in land or take the same by gift; and to lease land or interests in land to the extent provided by law.

(n)

To undertake and carry out studies and analyses of housing needs on or near the Reservation, to prepare housing needs 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.

(o)

With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project or otherwise (including but not limited to single family residences, multi-family dwellings, apartments and individual cooperative or condominium units, whether for single individuals or families); to lease or rent, sell, including sales subject to a leasehold mortgage or other security interest, enter into lease-purchase agreements or leases with option to purchase or contracts to purchase; to establish and revise rents or required monthly payments; to adopt policies and procedures concerning the occupancy, rental, care and management of housing units; and to adopt policies concerning the selection of tenants or homebuyers, including the establishment of priorities or homebuyers; and to adopt such further policies and procedures as the Board may deem necessary and desirable to effectuate the powers granted by this chapter.

(p)

To finance, subsidize and otherwise assist purchase of a home by an eligible homebuyer through such financing mechanisms as lease-purchase agreements, leases with option to purchase, contracts to purchase and leasehold mortgages or other mortgages or security interests; through loans, including revolving loans, whether secured or unsecured; through direct assistance including down payment assistance, subsidies, write downs; and through other means including loan guarantees and loan insurance; and to assist an eligible homebuyer or homeowner with home repairs and improvements, modernization, rehabilitation and remodeling through such means.

(q)

To terminate any lease or rental agreement, or any lease-purchase agreement, lease with option to purchase or contract for purchase of a home, 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 an action for foreclosure of a leasehold mortgage or other mortgage or security interest when a homebuyer has failed to meet any of the homebuyer’s obligations thereunder or when such termination is otherwise authorized under the provisions of the leasehold mortgage or other mortgage or security interest.

(r)

To conduct hearings concerning grievances of residents of the Authority and applicants for housing, contractor disputes and such other matters as the Board deems responsible and appropriate, and to issue subpoenas and administer oaths in connection with the same.

(s)

To bring an action for eviction against any tenant or homebuyer whose rental or lease agreement or lease-purchase agreement or lease with option to purchase or contract for purchase has been terminated and against any homebuyer whose leasehold mortgage or other mortgage or security interest has been foreclosed.

(t)

To administer and manage properties other than properties owned by or in which the Authority has an interest.

(u)

To purchase insurance from any stock or mutual company, or to participate in any plan of self-insurance, including a nonprofit insurance entity in which the Authority or the Tribe may have an ownership interest, for any property or against any risk or hazards.

(v)

To agree to indemnify any officer, employee or agent, acting as such, and to agree or obligate the Authority to advance or reimburse expenses of any officer, employee or agent of the Authority, acting as such, who has been made a party to any legal proceeding.

(w)

To invest such funds as are not required for immediate disbursement in any form of investment or obligation that is consistent with the purposes of this chapter, including but not limited to equity investments, interest-bearing loans or advances, non-interest bearing loans or advances, interest subsidies, leveraging of private investments, and investment securities.

(x)

To reinvest the proceeds of the housing activities of the Authority in additional and further housing activities.

(y)

Subject to other applicable law, to set aside such cash reserves, if any, that the Board in its sole discretion may deem appropriate.

(z)

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

(aa)

To accept gifts and charitable contributions on behalf of the Authority and to use the same for purposes consistent with this chapter.

(bb)

To apply for grants and funding and to leverage the same with its own or other funds or funding.

(cc)

To apply for stipends and fellowships on its own behalf and on behalf of tenants and homebuyers and on behalf of its officers and employees.

(dd)

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 and/or duties as the Board shall deem proper; provided, that the Council, or its designee, shall have authority to designate the executive director of the Authority and to evaluate and take disciplinary action including termination the employment of the executive director of the Authority.

(ee)

To provide for such employee benefit programs as the Board in its sole discretion may deem appropriate.

(ff)

To enter into contracts for professional services to be performed on behalf of the Authority, including but not limited to accounting, appraisal, architectural, engineering and legal services.

(gg)

To adopt such bylaws as the Board deems necessary and appropriate.

(hh)

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 purposes 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 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.

(ii)

To enter into local cooperation agreements with the governing body of any locality within which any housing to be assisted by the Authority is or will be situated for the provision of governmental services and other purposes.

(jj)

To initiate and take any and all action that may be necessary or desirable to participate in the Low Income Housing Tax Credit program provided for in section 42 of the U.S. Internal Revenue Code, or the corresponding section of any future tax code.

(kk)

To cooperate with and assist in the establishment of nonprofit organizations and local chapters of nonprofit organizations which are entitled to exemption from federal income tax under section 501(c)(3) of the U.S. Internal Revenue Code, or the corresponding section of any future tax code, and to make grants or contributions to such organizations limited to and including only those purposes included under section 501(c)(3) of the U.S. Internal Revenue Code, or the corresponding section of any future federal tax code, and as are consistent with and in furtherance of the purposes of this chapter.

(ll)

To establish a separate fund(s) and to organize and operate such fund(s) exclusively for the purposes included under section 501(c)(3) of the U.S. Internal Revenue Code, or the corresponding section of any future federal tax code, and as are consistent with and in furtherance of the purposes of this chapter, and with respect to such fund(s) to receive gifts and charitable contributions.

(mm)

To draft and propose legislation, tribal or otherwise, to participate in federal rule making and comment on proposed federal regulations, to participate in lobbying activities consistent with the purposes of this chapter, and to testify orally and in writing before any Congressional or other governmental committee.

(nn)

To join the Authority with any other tribally designated housing entities and Indian tribes in one or more housing associations.

(oo)

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 the Authority.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

One purpose and intent of this chapter is to authorize the Authority to do any and all things necessary or desirable in furtherance of the stated purposes of this chapter and to secure public or private financing or the financial aid or cooperation of the federal, tribal or state government in the undertaking, construction, maintenance or operation of any project by the Authority.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.14 Applicability.

No law 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 purposes and development of housing operations pursuant to this chapter unless the Council shall specifically so state.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.15 Issuance of 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:

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;

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

§ 10.05.19 Issuance and Sale of Obligations.

From its revenues generally. Any of such obligations may be additionally secured by a pledge of any revenues of any project, projects or other property of the Authority.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.16 Liability.

Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.17 Debts.

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.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.18 Status of Obligations.

Obligations of the Authority are declared to be issued for 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 chapter shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this chapter and without necessity of being restated in the obligations, a contract between (a) the Authority and the Tribe, and (b) the holders of the obligations and each of them, including all transferees of the obligations from time to time.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

Obligations shall be issued and sold in the following manner:

Obligations of the Authority shall be authorized by a resolution adopted by the vote of an absolute majority (at least three affirmative votes) of the full Board and may be issued in one or more series.

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 payments, at such places and be subject to such terms of redemption, with or without premium, as such resolution may provide.

The obligations may be sold at public or private sale at not less than par.

§ 10.05.20 Negotiability of Obligations.

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 Commissioner had remained in office until delivery.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

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 chapter 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 chapter.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.21 Power of Authority Over Obligations.

In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such bonds or obligations, the Authority, subject to the limitations in this chapter, may:

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.

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.

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.

Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof.

Covenant as to what other or additional debts or obligations may be incurred by it.

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.

Provide for the replacement of lost, destroyed or mutilated obligations.

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, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.

(l)

Prescribe the procedures, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given.

(m)

Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies.

(n)

Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.

(o)

Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(p)

Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations.

(q)

Exercise all or any part or combination of the powers granted in this section.

(r)

Make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character subject to the limitations contained in this section and not inconsistent with this chapter.

(s)

Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in absolute discretion of the Authority, tending to make the obligations more marketable even when said covenants, acts or things are not enumerated in this chapter.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.22 Annual Reports.

The Authority or designated person shall submit a detailed annual report, signed by the Chair of the Board, to the Council showing:

A summary of the year’s activities,

The financial condition of the Authority,

The condition of the properties,

The number of units and vacancies,

Any significant problems and accomplishments,

Plans for the future, and

§ 10.05.23 Interests - Acquisitions and Disclosures Conflict of Interest.

Such other information as the Authority or the Council shall deem pertinent.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section; Res. 07 A 027, 3/30/2007, changed the word Chairman to Chair.)

No person who participates in the decision-making process or who gains inside information with regard to NAHASDA assisted activities may obtain a personal or financial interest or benefit from such activities, except for the use of NAHASDA funds to pay salaries or other related administrative costs. Such persons include anyone with an interest in any contract, subcontract or agreement or proceeds there under, either for themselves or others with whom they have business or immediate family ties. Immediate family ties are determined by the Indian tribe or the TDHE in its operating policies.

The conflict of interest provision does not apply in instances where a person who might otherwise be included under the conflict provision is low-income and is selected for assistance in accordance with the recipient’s written policies for eligibility, admission and occupancy of families for housing assistance with IHBG funds, provided that there is no conflict of interest under applicable tribal or state law. The recipient must make a public disclosure of the nature of assistance to be provided and the specific basis for the selection of the person. The recipient shall provide the appropriate area ONAP with a copy of the disclosure before the assistance is provided to the person.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.24 Bond Coverage.

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.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.25 Property Taxes and Assessments - Exempt.

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.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.26 Levy and Sales - Exemption of Properties.

All property including funds acquired or held by the Authority pursuant to this chapter 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 of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues.

(Port Gamble S’Klallam Housing Ordinance of 1977. Res. 05 A 065, 7/12/2005, amended and codified this section.)

§ 10.05.27 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:

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 on the Reservation.

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 administration 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.

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.

The Tribal government hereby declares that the powers of the Tribal Government, including the powers of the Port Gamble S’Klallam Tribal Court and the Port Gamble S’Klallam Tribal Police under the direction of the Tribal Court, shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract or leasehold mortgage violations.