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Mille Lacs Band Statutes Annotated

TITLE 12 - HOUSING

Chapter
Section
1. Housing Authority
1
2. Native American Veteran Direct Loan Program
101

 

CHAPTER 1

HOUSING AUTHORITY

Section
1. Declaration of need.
2. Purposes.
3. Definitions.
4. Board of Commissioners.
5. Officers.
6. Removal of Board members.
7. Compensation.
8. Quorum.
9. Record of Board meetings and actions.
10. Financial records and reports.
11. Meetings.
12. Perpetual succession.
13. Suits.
14. Powers.
15. Federal aid or cooperation.
16. Applicability of other laws.
17. Obligations generally.
18. Personal liability for obligations.
19. Tribal liability for obligations.
20. Tax exemption for obligations.
21. Issuance and sale of obligations.
22. Conclusive presumption of validity.
23. Powers relating to obligations.
24. Reports.
25. Disclosure of interests.
26. Federal requirements.
27. Fidelity bonds.
28. For-profit projects.
29. Property exempt from taxes.
30. Exemption from levy and sale.
31. Cooperation in connection with projects.
32. Approval by Secretary of Interior.
33. Reservation of right of amendment.

Historical and Statutory Notes

The Preamble of Band Statute 1034-MLC-17 provides:

"Be it enacted pursuant to the authority vested in the Minnesota Chippewa Tribe by its Constitution, and particularly by Article VI, Section 1(d) thereof, and its authority to provide for the health, safety, morals and welfare of the Tribe, the Mille Lacs Reservation Business Committee of the Mille Lacs Band of Chippewa Indians hereby establishes a public body known as the Mille Lacs Reservation Housing Authority (hereinafter referred to as the Authority), and enacts this Ordinance which shall establish the purposes, powers and duties of the 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 Mille Lacs Band of Chippewa Indians shall be admissible in evidence in any suit, action or proceeding."

Band Statute 1034-MLC-17 provides

"Section 10. Rescinding of Previous Statutes. By adoption of this Statute, all prior statutes of the Mille Lacs Reservation Business Committee relating to the Mille Lacs Reservation Housing Authority are hereby repealed as of the date of the enactment of this Statute. The appointment of all new commissioners under any prior statute is hereby revoked and rescinded and new commissioners shall be appointed pursuant to the provisions of this Statute. The new commissioners shall recommend to the Council a housing manager and such other employees as are required for the Housing Authority and as provided for in this Statute."


§ 1. Declaration of need

(a) It is hereby declared that there exists on the Mille Lacs Reservation unsanitary, unsafe and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.

(b) It is hereby declared that these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention and other public services and facilities.

(c) It is hereby declared that the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprise.

(d) It is hereby declared 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.

(e) It is hereby declared 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.

(f) It is hereby declared that the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 1.


§ 2. Purposes

The Authority shall be organized and operated for the purposes of: remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals; alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; and providing employment opportunities through construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 2.


§ 3. 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:

(a) Area of Operation-means all areas within the jurisdiction of the Tribe.

(b) Board-means the Board of Commissioners of the Authority.

(c) Council-means the Mille Lacs Reservation Business Committee.

(d) Federal Government-includes the United States of America, the Department of Housing and Urban Development or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(e) Homebuyer-means a person who has executed a lease-purchase agreement with the Authority, and who has not yet achieved home ownership.

(f) Housing 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 multi-family structures under conventional condominium or cooperative sales contracts or lease-purchase agreements, loans, or subsidizing of rental 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" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.

(g) Obligations-means any notes, bonds, interim certificates, debentures or other forms of obligations issued by the Authority pursuant to this Statute.

(h) 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.

(i) 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 3.


§ 4. Board of Commissioners

This section establishes the rules and management of the Board of Commissioners as follows:

(a) The Authority is hereby organized and constituted as a subdivision of the Housing Division of the Mille Lacs Reservation Business Committee.

(b) The affairs of the Authority shall be managed by a Board of Commissioners composed of seven persons. The Board members shall be appointed, and may be reappointed, by the Mille Lacs Reservation Business Committee. A certificate of the Secretary of the Mille Lacs Reservation Business Committee to the appointment or reappointment of any commissioner shall be conclusive evidence of the due and property appointment of the commissioner.

(c) A commissioner may be a member or non-member of the tribe, and may be a member or nonmember of the Mille Lacs Reservation Business Committee.

(d) No person shall be barred from serving on the Board because he 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 as well. However, no such commissioner 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 Board, concerning any matter involving his individual rights, obligations or status as a tenant or homebuyer.

(e)(1) The Chief Executive shall select two individuals and the Band Assembly shall confirm one of the two to the Housing Authority. The Commissioner shall serve until June 30, 1988. Henceforth, he may be appointed to a four year term commencing on June 30, 1988.

(2) The Speaker of the Assembly shall select two individuals and the Chief Executive shall nominate one of the two to the Band Assembly for confirmation to the Housing Authority. The Commissioner shall serve until June 30, 1986. Henceforth, he may be appointed to a four year term commencing on June 30, 1986.

(3) The District I Representative shall select two individuals and the Chief Executive shall nominate one of the two to the Band Assembly for confirmation to the Housing Authority. The Commissioner shall serve until June 30, 1988. Henceforth, he may be appointed to a four year term commencing on June 30, 1988.

(4) The District II Representative shall select two individuals and the Chief Executive shall nominate one of the two to the Band Assembly for confirmation to the Housing Authority. The Commissioner shall serve until June 30, 1986. Henceforth, he may be appointed to a four year term commencing on June 30, 1986.

(5) The District III Representative shall select two individuals and the Chief Executive shall nominate one of the two to the Band Assembly for confirmation to the Housing Authority. The Commissioner shall serve until June 30, 1986. Henceforth, he may be appointed to a four year term commencing June 30, 1986.

(6) The remaining Commissioners shall serve their term which expires June 30, 1987. Henceforth, they may be appointed to a four year term commencing June 30, 1987. Each member of the Board shall hold office until his successor has been and has qualified.

(7) The nomination process established in this subsection shall apply to all future nominees in this position.

Historical and Statutory Notes

Source: Band Statute 103-MLC-17, § 4.
Band Statute 1034-MLC-17, § 13 provides:
"All terms of office for the Commissioners shall commence on April 22, 1985."


§ 5. Officers

The Housing Authority shall name one of the Commissioners as Chairman of the Board and the Housing Board shall select amongst the Commissioners a Vice-Chairman, Secretary and Treasurer; and any member may hold two of the positions. In absence of the Chairman, the Vice-Chairman shall preside and in absence of the Chairman and Vice-Chairman, the Secretary shall preside.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.03.


§ 6. Removal of Board members

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 days prior to the hearing. At any such hearing, the member shall have the opportunity to be heard in person or by council and to present witnesses in his behalf. In the event of removal of any Board member, a record of the proceedings 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.04.

Cross References

Recall of appointed officers, see 4 MLBSA § 15.


§ 7. Compensation

The Commissioner shall not receive compensation for the services but shall be entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.05.


§ 8. Quorum
.

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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.06.


§ 9. Record of Board meetings and actions

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

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.07.


§ 10. Financial records and reports

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 12 MLBSA § 24.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.08.


§ 11. Meetings

Meetings of the Board shall be held at regular intervals as provided in the by-laws. 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 4.09.


§ 12. Perpetual succession

The authority shall have perpetual succession in its corporate name.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 5.


§ 13. Suits

The council hereby gives its irrevocable consent to allowing the Authority to sue in its corporate name, upon any contract, claim or obligation arising out of its activities under this chapter and hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; but the Minnesota Chippewa Tribe or the Mille Lacs Band of Chippewa Indians shall not be liable for the debts or obligations of the Authority.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 5.01.


§ 14. Powers

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

(a) To adopt and use a corporate seal;

(b) 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.

(c) To agree, notwithstanding anything to the contrary contained in this chapter or 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 subcontractor 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.

(d) 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.

(e) 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.

(f) 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 12 MLBSA § 17.

(g) 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.

(h) To purchase land or interests in land or take the same by gifts; to lease land or interests in land to the extent provided by law.

(i) 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.

(j) With respect to any dwellings, accommodations, lands, buildings or facilities embraced with any project (including individual cooperative or condominium units); to lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments; to make rules and regulations concerning the selection of tenants or homebuyers, including the establishment or priorities, and concerning the occupancy, rental, care and 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 chapter.

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

(1) 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.

(m) 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.

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

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

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

(q) To employ a housing manager, 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 Board shall deem proper.

(r) To join or cooperate with any other public housing agency or agencies operating under the laws or ordinance 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, 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.

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

(t) 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 5.02.

Cross References

Procurement, see 7 MLBSA § 1 et seq.
Water and sewage payments, Housing Authority tenants, see 13 MLBSA § 402.
Water and sewer service lines, responsibility, see 13 MLBSA §§ 208, 304.


§ 15. Federal aid or cooperation

It is the purpose and intent of this chapter 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 5.03.


§ 16. Applicability of other laws

No Ordinance or other enactment of the Council or Tribe with respect to the acquisition, operation or disposition of Council or Tribe shall be applicable to the Authority in its operations pursuant to this chapter.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 5.04.


§ 17. Obligations, generally

(a) 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.

(b) 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.

(c) Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Authority.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.


§ 18. Personal liability for obligations

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

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.01.


§ 19. Tribal liability for obligations

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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.02.


§ 20. Tax exemption for obligations

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 Council or Tribe. The tax exemption provision 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 obligation, a contract between (a) the Authority and the Council or Tribe, and (b) the holders of obligations and each of them, including all transferees of the obligations from time to time.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.03.

Cross References

Personal income tax, see 22 MLBSA § 701.


§ 21. Issuance and sale of obligations

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 Board 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 not less than par.

(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 signature shall, nevertheless be valid and sufficient for all purposes, the same as if the commissioners had remained in office until delivery.

(e) Obligations of the Authority shall be fully negotiable.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, §§ 6.04, 6.05.


§ 22. Conclusive presumption of validity

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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.05.


§ 23. Powers relating to obligations

In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Authority, subject to the limitations of this chapter, 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 covenant 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 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) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof.

(e) Covenant as 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 or the proceeds thereof.

(g) Provide for the replacement of 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, reserves or other purposes, and covenant as to the use and disposition for 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 of any covenant conditions 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.

(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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 6.06.


§ 24. Reports

(a) The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council 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.

(b) The Authority shall submit to the Council an annual administrative budget, an annual operating budget, and an annual operating plan.

(c) The Authority shall also submit to the Council any proposals prior to their submission to the Federal Government.

(d) The Authority shall also submit to the Council copies of minutes of meetings, paid bills, contracts and notices and information received from the Federal Government.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, §§ 7, 11.


§ 25. Disclosure of interests

(a) 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.

(b) If any commissioner, officer or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquire any such interest prior to appointment or employment as a commissioner, officer or employee, the commissioner, officer or employee, in any event, shall immediately disclose his interest in writing to the Authority, and such disclosure shall be 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.

(c) Any such violation of the foregoing provisions of this section shall constitute misconduct in office.

(d) 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 12 MLBSA § 4(d).

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 7.01.


§ 26. Federal 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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17. § 7.02.


§ 27. Fidelity bonds

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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 7.03.


§ 28. For-profit projects

The Authority shall not construct or operate any project for profit.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 7.04.


§ 29. Property exempt from taxes

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 Council or Tribe.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 7.05.

Cross References

Taxation, see 22 MLBSA § 1 et seq.


§ 30. Exemption from levy and sale

All property including funds acquired or held by the Authority pursuant to this Statute 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 or the right of the Federal Government to pursue any remedies conferred upon it pursuant to this chapter or the right of the Authority to bring eviction actions in accordance with 12 MLBSA § 14(1).

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 7.06.


§ 31. Cooperation in connection with projects

For the purpose of aiding and cooperation in the planning, undertaking, construction or operation of projects, the Council hereby agrees that:

(a) It will not levy or impose any real or personal taxes or special assessments upon the Authority or any project of the Authority.

(b) 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 Council or Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.

(c) Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Council or 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 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.

(d) It will do any and all things, within its lawful power, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of projects.

(e) The Council hereby declares that the powers of the Council shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations including action through the appropriate courts.

(f) The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or homebuyer or any other actions or suits relating to contracts or other claims arising out of this chapter or the activities of the Mille Lacs Reservation Housing Authority. The Council hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations.

(g)(1) The provisions of this section shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed or modified without the consent of the Department of Housing and Urban Development, so long as:

(A) the project is owned by a public body or governmental agency and is used for low income housing purposes,

(B) any contract between the Authority and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such project, remain in force and effect, or

(C) any obligations issued in connection with such project or monies due to the Department of Housing and Urban Development in connection with such project remains unpaid, whichever period ends the latest.

(2) If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing, including the Federal Government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 8.

Cross References

Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 111.


§ 32. Approval by Secretary of Interior

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.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 9.


§ 33. Reservation of right of amendment

The Band Assembly hereby fully reserves the right to alter, amend or repeal the several provisions of this chapter, and all rights and privileges granted or extended hereunder shall be subject to such right.

Historical and Statutory Notes

Source: Band Statute 1034-MLC-17, § 12.

 

CHAPTER 2

NATIVE AMERICAN VETERAN

DIRECT LOAN PROGRAM

Section
101. Findings and determinations.
102. Application of chapter.
103. Purpose to provide additional remedies.
104. Public policy of band.
105. Definitions.
106. Priority.
107. Recording system.
108. Filing.
109. Log.
110. Public inspection and copying.
111. Leasehold mortgage foreclosure proceedings.
112. Service of process and procedures.
113. Cure of default.
114. Entry of judgment.
115. Unlawful detainer.
116. Procedures for service of notice.
117. Complaint and summons.
118. Service of summons and complaint.
119. Writ of Restitution.
120. Judgment.
121. Continuance in cases involving secretary.
122. Enforcement.

Historical and Statutory Notes

The Preamble of Ordinance 34-94 provides:

"The purpose of this act is to promote the general welfare of the Band by allowing for or increase in available housing. This act is intended to aid Mille Lacs Band Veterans in processing financing for the construction or purchase of single family residences on Trust lands within the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe Indians.

Ordinance 34-94, §§ 15 to 17 provide:

"Section 15. Reservation of Right. The Band Assembly hereby fully reserves the right to alter, amend or repeal the provisions of the Chapter, and all rights and privileges granted or extended thereunder shall be subject to such right.

"Section 16. Sovereign Immunity. Nothing contained herein shall be construed as a waiver of sovereign immunity by the Mille Lacs Band of Ojibwe.

"Section 17. Severability. The Solicitor General or exterior legal counsel and the Court of Central Jurisdiction whichever is applicable, shall liberally construe the provisions of this Act so as to provide for the full force and effect of the purposes therein stated.

"Section 17.01. If any provisions of the Band Statute, or the application thereof, to any person, business corporation or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Band Statute which can be given effect without the invalid, the invalidity shall not affect other provisions or applications of this Band Statute which can be given effect without the invalid provisions or application and to this end, the provisions of this Band Statute are declared severable."

Cross References

Real estate mortgages, see 24 MLBSA § 401 et seq.


§ 101. Findings and determinations

(a) The Band Assembly hereby finds and determines that there is a history of inadequate housing for Band members and that adequate housing and related services are vital to the health and well being of all members of the Band.

(b) The Band Assembly hereby finds and determines that our Armed Service veterans made great sacrifices for our country, their communities and their families and are a valuable resources to the Band and that our veterans should have adequate housing and related services made available to them.

Historical and Statutory Notes

Source: Ordinance 34-94, § 1.


§ 102. Application of chapter

This chapter prescribes procedures for the recording, priority and foreclosure of leasehold mortgages given to secure loans made by the United States Department of Veterans Affairs under the Native American Veterans Direct Loan Program under Title 38 U.S.C. 3761 et seq.

Historical and Statutory Notes

Source: Ordinance 34-94, § 1.02.


§ 103. Purpose to provide additional remedies

The purpose of this chapter is to provide remedies for the Veterans Affairs Loan Program and nothing herein contained shall alter the ultimate financial liability of the owner of tenant for repairs or maintenance of any building located on lands under the jurisdiction of the Band.

Historical and Statutory Notes

Source: Ordinance 34-94, § 19.


§ 104. Public policy of band

Any provisions, whether oral or written, of any lease or other agreement whereby any provisions of this chapter are waived by a tenant is contrary to public policy and void.

Historical and Statutory Notes

Source: Ordinance 34-94, § 18.


§ 105. Definitions

(a) "Band" shall refer to the Non-Removable Mille Lacs Band of the Mille Lacs Indian Reservation as defined in the Minnesota Chippewa Tribal Constitution and the statutes of the Non-Removable Mille Lacs Band.

(b) "Lease" shall mean the lease of trust property for which a Leasehold Mortgage, as defined in this section, has or will be given.

(c) "Leasehold Mortgage" shall mean the mortgage of a lease of trust property given to secure a loan made under the VA Native American Direct Loan Program and 38 U.S.C. 3761 et seq.

(d) "Leasehold Mortgage Foreclosure Proceeding" shall mean a proceeding in the Court of Central Jurisdiction:

(1) To foreclose the interest of the Mortgagor(s), and each person or entity claiming through the Mortgagor(s), in a Lease for which a Mortgage has been given under the VA Native American Direct Loan Program and 38 U.S.C. 3761 et seq.; and

(2) To assign such Lease to the Secretary or the Secretary's assignee.

(e) "Lessor" shall mean the beneficial or equitable owner of trust or other-wise restricted property under a Lease for which a Mortgage, as defined in this section, has been given, or the heir(s), successor(s), executor(s), administrator(s), or assign(s) of such Lessor.

(f) "Mortgagee" shall mean the mortgagee under any Leasehold Mortgage as defined in this section or the successor(s) interest of any such mortgagee, including the Secretary as defined in this section, or the Secretary's assignee under any such mortgage.

(g) "Mortgagor" shall mean any Mille Lacs Band member who has executed a Leasehold Mortgage as defined in this section, or any member heir(s), successor(s), executor(s), administrator(s) or assign(s) of the Mille Lacs Band or any member.

(h) "Nuisance" shall mean the maintenance on real property of a condition which:

(1) Unreasonably threatens the health or safety of the public or neighboring land users; or

(2) Unreasonably and substantially interferes with the ability of neighboring property users to enjoy the reasonable use and occupancy of their property.

(i) "Recording Clerk" shall mean the person designated by the Mille Lacs Band to perform the recording functions required by this chapter or any deputy or designee of such person.

(j) "Secretary" shall mean the Secretary of the United States Department of Veterans Affairs (VA) or designee.

(k) "Subordinate Lienholder" shall mean the holder of any lien, including a subsequent mortgage, perfected subsequent to the recording of a Leasehold Mortgage under this chapter (except the Mille Lacs Band with respect to a claim for a tribal leasehold tax).

(l) "Tenant" shall mean any person who occupies real property under a lease, rental agreement or other agreement with a lessor as defined in this section.

(m) "Tribal Court" shall mean the Court of Central Jurisdiction as established by the laws of Mille Lacs Band of Ojibwe to exercise the powers and functions of a court of law.

(n) "Unlawful Detainer Action" shall be a suit brought before the Court of Central Jurisdiction to terminate a tenant's interest in real property and/or to evict any person from occupancy of real property.

(o) "Waste" is spoil or destruction by a tenant of land, buildings, gardens, trees or other improvements which result in substantial injury to the lessor's interest in the property.

(p) "Writ of Restitution" is an order of the Tribal Court:

(1) Restoring an owner or lessor or the Secretary to possession of real property and,

(2) Evicting a tenant or other occupant therefrom.

Historical and Statutory Notes

Source: Ordinance 34-94, §§ 1.03 to 1.15.


§ 106. Priority

A Leasehold Mortgage recorded in accordance with the recording procedures set forth in this chapter shall have priority over any lien not perfected at the time of such recording and any subsequent lien or claim excepting a lien or claim arising from a tribal leasehold tax assessed after the recording of the mortgage. Nothing in this document shall prevent any person or entity from recording a Leasehold Mortgage in accordance with State law or from filing a Leasehold Mortgage with the Bureau of Indian Affairs.

Historical and Statutory Notes

Source: Ordinance 34-94, § 2.


§ 107. Recording system

The Band Recording Clerk shall maintain in the Department of Natural Resources Real Estate Division a system for the recording of leasehold Mortgages and such other documents as the Band may designate by law or resolution.

Historical and Statutory Notes

Source: Ordinance 34-94, § 3.


§ 108. Filing

(a) The Band Recording Clerk shall endorse upon any Leasehold Mortgage or other document received for recording:

(1) The date and time of receipt of the Leasehold Mortgage or other document; and

(2) The filing number, to be assigned by the Recording Clerk, which shall be a unique number for each Leasehold Mortgage or other document received; and

(3) The name of the Band Recording Clerk receiving the Leasehold Mortgage or document.

(b)(1) Upon completion of the above endorsements; the Tribal Recording Clerk shall make a true and correct copy of the Leasehold Mortgage or other document and shall certify the copy as follows:

MILLE LACS BAND OF OJIBWE

MILLE LACS RESERVATION:        ss.

I certify that this is a true and correct copy of a document received for recording this date.
Given under my hand and seal this ____________ day of ____________ .
(SEAL)

______________________
Signature

______________________
Title

(2) The Band Recording Clerk shall maintain the copy in the records of the recording system and shall return the original of the Leasehold Mortgage or other document to the person or entity that presented the same for recording.

Historical and Statutory Notes

Source: Ordinance 34-94, §§ 3.01 to 3.03.


§ 109. Log

The Band Recording Clerk shall also maintain a log of each Leasehold Mortgage or other document recorded in which there shall be entered:

(a) The name(s) of the Mortgagor(s) of each Leasehold Mortgage, identified as such;

(b) The name(s) of the Mortgagee(s) of each Leasehold Mortgage, identified as such;

(c) The name(s) of the grantor(s), grantee(s), or other designation of each party named in any other documents;

(d) The date and time of receipt;

(e) The filing number assigned by the Band Recording Clerk; and

(f) The name of the Band Recording Clerk receiving the Leasehold Mortgage or document.

Historical and Statutory Notes

Source: Ordinance 34-94, § 3.04.


§ 110. Public inspection and copying

The certified copies of the Leasehold Mortgages and other documents and the log maintained by the Tribal Recording Clerk shall be made available for public inspection and copying.

Historical and Statutory Notes

Source: Ordinance 34-94, § 3.05.


§ 111. Leasehold mortgage foreclosure proceedings

Upon the default of the Mortgagor(s) under a Leasehold Mortgage, the Secretary may commence a Leasehold Mortgage foreclosure proceeding in the Tribal Court by filing:

(a) A verified complaint:

(1) Naming the Mortgagee(s) and each person or entity claiming through the Mortgage(s) subsequent to the recording of the Leasehold Mortgage, including each Subordinate Lienholder (except the Band with respect to a claim for a tribal leasehold tax), as a defendant;

(2) Describing the property;

(3) Stating the facts concerning the execution of the Lease and the Leasehold Mortgage; the facts concerning the recording of the Leasehold Mortgage; the facts concerning the alleged default(s) of the Mortgagor(s); and such other facts as may be necessary to constitute a cause of action;

(4) Having appended as exhibits true and correct copies of each promissory note, Lease, Leasehold Mortgage, or assignment thereof relating to the property; and

(5) Including an allegation that all relevant requirements and conditions prescribed in (i) title 38 U.S.C. § 376 1 et seq., (ii) the regulations promulgated thereunder by the Secretary, and (iii) the provisions of the Lease, have, been complied with by the Secretary.

(b) A summons, issued as in other cases, requiring the Mortgagor(s) and each other defendant to appear for a trial upon the complaint on a date and time specified in the summons.

Historical and Statutory Notes

Source: Ordinance 34-94, § 4.


§ 112. Service of process and procedures

The laws of the Band governing service of process and all other matters relating to the conduct of Court of Central Jurisdiction proceedings shall apply to any Leasehold Mortgage Foreclosure Proceeding pursuant to this chapter.

Historical and Statutory Notes

Source: Ordinance 34-94, § 5.

Cross References

Procedure, judicial proceedings, see 24 MLBSA § 2001 et seq.
Real estate mortgages, see 21 MLBSA § 401 et seq.


§ 113. Cure of default

Prior to the entry of a judgment of foreclosure, any Mortgagor or any Subordinate Lienholder may cure the default(s) under the Leasehold Mortgage. Any Subordinate Lienholder who has cured a default shall thereafter have included in its lien the amount of payments made by such Subordinate Lienholder to cure the default(s), plus interest on such amounts at the rate stated in the note for the Leasehold Mortgage.

Historical and Statutory Notes

Source: Ordinance 34-94, § 6.


§ 114. Entry of judgment

If the alleged default(s) have not been cured, and if the Court should find for the Secretary, the Court of Central Jurisdiction shall enter judgment:

(a) Foreclosing the interest in the Lease of the Mortgagor(s) and each other defendant named in the complaint upon whom proper and timely service has been made, including each such Subordinate Lienholder; and

(b) Assigning such Lease to the Secretary or the Secretary's assignee.

Historical and Statutory Notes

Source: Ordinance 34-94, § 7.


§ 115. Unlawful detainer

(a) The provisions of this section shall apply to all persons and property subject to the governing authority of the Mille Lacs Band as established by the Laws of the Non-Removable Mille Lacs Band.

(b) A tenant or other occupier of land shall be guilty of unlawful detainer if such person shall continue in occupancy of real property under any of the following situations:

(1) Without the requirement of any notice:

(A) After the expiration of the term of the lease or other agreement; or

(B) If such person has entered onto or remains on the real property of another without the permission of the owner and without having any substantial claim of a lease or title of the property; or

(C) After the Mille Lacs Housing Authority has terminated such person's tenancy pursuant to procedures providing such person a hearing before the Housing Authority involved; or

(D) After the interest of such person in a lease has been foreclosed in a leasehold mortgage foreclosure proceeding in the Tribal Court.

(2) After having received 30 days' notice, the tenant or occupier shall remain in possession of the property contrary to the terms of the notice as follows:

(A) When such person has received notice:

(i) That he or she is in default in the payment of rent; and

(ii) Requiring him or her, to either pay the rent or surrender possession of the occupied property; and such person has remained in possession after receipt of such notice without either surrendering possession of the property or paying the rent; or

(B) When the lease of the property is for an indefinite time, with rent to be paid monthly or by some other period, and the lessor has given notice of termination of the tenancy at least 30 days prior to the end of such month or period; or

(C) When such person shall continue to fail to keep or perform any condition or covenant of the lease or agreement under which the property is held after he has been given notice to surrender the property; or

(D) When such person continues to commit or to permit waste upon or maintain a nuisance upon the occupied property after having been given notice, to either cease such waste or maintenance of nuisance or to surrender the property.

Historical and Statutory Notes

Source: Ordinance 34-94, § 8.

Cross References

Forcible entry and unlawful detainer, see 21 MLBSA § 301 et seq.
Personal jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 113.


§ 116. Procedures for service of notice

(a) Notices required or authorized in 12 MLBSA § 115 shall be given in writing by either:

(1) Delivering a copy personally to the tenant or occupier or to any adult members of his or her family residing on the premises; or

(2) Posting said notice in a conspicuous place near the entrance to said premises, and by sending an additional copy to the tenant or occupier by certified mail, return receipt requested, properly addressed, postage prepaid.

(b) Proof of service by either of the above methods may be made by affidavit of any adult person stating that he or she has complied fully with the requirements of either of these two methods of service.

Historical and Statutory Notes

Source: Ordinance 34-94, § 9.


§ 117. Complaint and summons

The owner of real property or lessor or Secretary shall commence an action for unlawful detainer by filing with the Court, in writing, the following documents:

(a) A complaint, signed by the owner, lessor, the Secretary, an agent, or attorney, stating:

(1) The facts on which he or she seeks to recover,

(2) Describing the property so that it can be identified with reasonable certainty; and

(3) Any claims for damages or compensation due from the persons to be evicted;

(b) A summons, issued as in other cases, requiring the defendants to appear for trial upon the complaint on a date and time specified in the summons. The trial date specified in the summons shall not be less than 20 nor more than 30 days from the date of service of the summons and complaint. The summons must notify the defendants that judgment will be taken against them in accordance with the terms of the complaint unless they file with the court an answer and appear for trial at the time, date and place specified in the summons.

Historical and Statutory Notes

Source: Ordinance 34-94, § 10.


§ 118. Service of summons and complaint

A copy of the summons and complaint shall be served upon the defendants in the manner provided by the Mille Lacs Band Statute for service of process in civil matters.

Historical and Statutory Notes

Source: Ordinance 34-94, § 11.


§ 119. Writ of Restitution

The Court of Central Jurisdiction shall enter a Writ of Restitution if:

(a) Notice of suit and trial is given by service of summons and complaint in accordance with the procedures provided in this document; and

(b) The Court of Central Jurisdiction shall find that the occupier of the real property is guilty of an act of unlawful detainer.

Historical and Statutory Notes

Source: Ordinance 34-94, § 12.


§ 120. Judgment

(a) Upon issuance of a Writ of Restitution the Court of Central Jurisdiction shall have the authority to enter against the defendants a judgment for the following:

(1) back rent,

(2) unpaid utilities,

(3) charges due the Band, Indian Housing Authority, or land owner under any lease or occupancy agreement (not including a leasehold mortgage); and

(4) damages caused by the defendants to the property other than ordinary wear and tear.

(b) The Court of Central Jurisdiction shall have the authority to award to the prevailing party his costs and reasonable attorney's fees in bringing suit.

Historical and Statutory Notes

Source: Ordinance 34-94, § 12.021.


§ 121. Continuance in cases involving secretary

Except by agreement of all parties, there shall be no continuances in the cases involving the Secretary which will interfere with the requirement that the Writ of Restitution in a case involving the Secretary be enforced not later than 60 days from the date of service of the summons and complaint.

Historical and Statutory Notes

Source: Ordinance 34-94, § 13.


§ 122. Enforcement

Upon issuance of a Writ of Restitution by the Court of Central Jurisdiction law enforcement officers shall enforce the Writ of Restitution by evicting the defendants and their property from the premises which are unlawfully occupied. In all cases involving the Secretary, the Writ of Restitution shall be enforced not later than 60 days after the date of service of the summons and complaint.

Historical and Statutory Notes

Source: Ordinance 34-94, § 14.

Amendments received through: August 29, 2003

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