TRERAL ORDINANCE HO. 1=63

AMINED.

TRERAL ORDINANCE HO. 1=63

Pursi

wnt Lo the authority vested Pn the Kay MiT1s ladlan Communtiy by

its Constiturton, and parcicatarly by Article VI, Lion | thereof, aud its

authority to provide for che health, safety, morate and welfare of the tribe,

the General Tribal Council of the Bay Mills Indian Community hereby establishes

a public body known as the Michi:

Bay Mills Tndfan Com

nnity Housing

Authority (hereinafter ceferred to as the Authority), and enacts this ordinance

which shall establish the purposes, powers and duties of the Authority,

Tn any sult, action or proceeding involving the validity or enforcement

of or relating to uny of its contracts, the Authority shall be conclusively

deemed to have become established and authorized to transact bustnesa and

exercise Irs powers upon proof of the adoption of this ordinance. A copy of

the ordinance daly certified by the Secretary of the Council shall he admissible

in evidence tn any suit, action o

proceeding.

ARTTCLE U)

DECLARATION OF HEED

ft ts hereby doelarcd:

1. That there exises on the Way Mills Taillan Community Reservation

nltary, unsate, and overcrowled dwelling accommodations; that there is a

shortage of decent, safe and santtary dyelling accommodations available ac cents

or prices which persons of low income cay afford; and that such shortage forces

euch persons Eo occupy insanitary, unsafe and overcrowded dwelling accommoat tons;

+ That these conditions cause an inerease tn and spread of dieeaae and

erfme and constitute a menace to health, safety, morals and velfare; and that

these conditions necessitate excessive ani disproportionate expenditures of

public Funds for crime

prevention and punishment, public health and safevy

protection, Fire and avetlent prevention, and other public services and

Facilities;

See footnotes ar end of document

3. That the shortage of decent, safe and aauftary dvellings for persons

of low income cannot be relieved ihrough che operacion af private enterprise;

4, That the providing of decent, safe, and sanitary dwelling accommadattona

for persons of low income are public uses and purposes for whieh money may be

Spent and private property acquired and ave governmental functiona of Tribal

concern;

5. That resldential construction activity and a supply of acceptable

housing are important factors to general economic act!vity, and that the under=

takings authorized by this ordinance to add the production of better housing and

more deatrable neighborhood and community development at lower costa wil] make

possible a more stable and larger volume of residential construction and housing

supply which will assist materially in achieving Full employment; and

6. That fhe necessity tn the public interest for the praviaiona herein-

after enacted Is hereby declared as a matter of legislative determination.

ARTICLE LT

PURPOSES

The Authoriry shall be organized and operated for the purpase of:

1. Remedying unsafe ii insanitary housing condittons that are injurious

fu the publse health, safety and morale:

2. Alleviacing the acute shortsge of decent, safe and sanitary dwellings

for persona of low income; and

3. Providing employment opportunities through the constru

don, teconstruction, Improvement, extension, alteration or repair and operation of Low

Income duellinga.

ARTICLE 111

ne

TNTTTONS:

The Folloulng terms, uherever uaed or referred co in rhhe ordinance, shall

have the following respective meanings, unless a different meaning clearly appears

from the context:

"Area of Operation" meis all areas within the jurisdtenfon of the Tribe.

“Board” means the Board of Commissioners of the Authorivy.

“Counc LI" mea

the General Tribal Council.

“federal government ine bud

the Oniced States of America, the Peparrment

of Housing and Urban sie a or any other agency ov {nstramentality,

corporate or otherwise of rhe (mited States of America,

“Hlomebuyec" means a person(s) vho has executed a lease-purchass agreement

with the Authority, and who has nor yet achteved homeownership.

“Housing project" or "project means any work or undertaking co pravide ov

asalet in providing (by any suftable method, including but nae limited to:

rental; sale of individual uates in single or weleifamtly seruceures under

conventional condomintmm, or cooperative sales contracts or lease-purchas

agroementa; loans; or subsidizing of rentals or charges) decen

cy safe and

sanitary dveliings, apartments, or other Living accommodations for persons of

low Income, Such work or wmdercaking may Include budldtags, land, leancholda,

equipment, fa

Le

> and other real or personal property for necessary,

convenient, or desirable appurtenances, for streets, sewers, water aervloe,

wiilittes, parks, 5

Le preparation or landscaping, and for adainforrative,

communtey, health, recreational, velfare, or other purposes. The term “housing

project" or "project" also may be applied fa the planning of the bufldings and

Improvements, the dequisition of property or any Interear therein, che

demolition of existing structures, the construction, reconstruction, rehabllttarton, altercion ar repalr of the improvementa or other property and all

other vork in connection therewith, and the term shali dnelude all other real

anil personal property and ali tangible or intangible aaseta held or used in

connection with the housing project.

“Obligations” means any wotes, bonda, Interim certificates, debentures,

or other forms of obligation issued by the Authority pursuant ¢o this’ ordinance.

"Obligee” inclides any holder of an obligation, agent or trustee for any

holder oF an obligation ov lessor demfaing te the Authority property used in

conection with a project, or any assignee or assignees of auch leceo

Interest or any part thereof, and che Federal government when Lt {a a party to

any contract with the Authority {n respect co a housing project.

"Persons of bow income! i

nis pe

sons or Tamilles who cannot afford ty

p

Yyounough fo cause private cnterpeise tn thet locality to bet ih an adequate

supply of decent, sole, and sontrary dweliings for thelr use,

ARTICLE TV

AOARD OF CONNTSS TONERS

1. (a)? (1) The Affairs of the Authority shall be managed by a Board

amlasioners composed of five (5) persons.

2) The Koard members

ahall be appointed, nnd may be reappolnted, by the

Coun|

1. A certificate of the Secretary of the Council as to the appolurment or

reappointment of any commissioner shall be conclusive evidence of the due and

proper appointment of the commisstoner.

(4) A commissioner may be # member or non-member of the Tribe, and may he

a member or non-member of the Tribal Counedl.

(4) Mo person shall be barred from serving on the Hoard because he is a

tenant or homebuyer in a housing project of che Authority; and such commisstoner

shall be entitled co fully participace dn all meetings concerning marters that

affece all of the tenants er homebuyers, even though such macters aff.

ct him as

well. Hovever, a6 such commissioner shall be entitled or permitted to partledpate

Jn or be present at any meeting (except In bis capacity aa a tenant or homebuyer),

or to be counted or treated as 4 meaber of the foard, concerning any

ater

Involving hls individual rights, obligatlons ov atatua as a tenant or homebuyer,

(h)3 Vhe cerm of of five shalt be Four yearea and staggered. When the Board

is Fi

st established, one member's term shall be designated te expire in one

year, another to expire in twa years, a third co expice in three years, aud the

last two In four years. Thereafrer, all appotntmente shall be for four years,

except thar in the case of a prior vacancy, an appotntment shall be only for the

length of the unexpicod cerm. Bach member of the Board shall hold offtee unttl

his successor ha

s been appointed and has qualifted.

«© footnotes at end of document

{e)% The Sonne! shull name one of the Commssianers as Chatyman ot the

Board. The floard shat t clect trom among (os members a ViewGhatrman, ae peererary,

and a Treasurer; aut toy member may hold two of ehese position

[a the ahbsenwsy

of the Chalrman, the Vice-Chairman shat! preside; and fn the absenge af bath the

Chairman and the View-Chairman, the Secrecary shall preside.

(W)? A member 0

the Board may be removed by the appoint tag pover for

serious inefficiency or neglect of duty or for misconduct in office, but only

aftersa hearing before the appotnting power and only after the member has been

iven a written notice of the specifle charges against bim at’ least 10 days

prior to the hearing, At any such hearing, che member shall have the opportunicy

to be heard in person or by next Friend and to present witnesses in hls |

alt.

Tn the event of removal of any Hoard menber, a record of the proceedings, together

with the charges anil findings thereon, shall be Filed with the appointing power

and a copy thereof sent to the appropriace offtee of the Departwent of Housing

and Urban Development.

(e) The Commissioners shall not receive compensation For thelr services bar

shall he entitled to coupensalion for expenses, facluding travel expenses,

Incurred fn the Wise

avge of Chete durtes.

(f)® AQ majority of the full Board (1.e., notwithstanding the existence of

any vacancles) shall constitute a quorum for che transaction of business, but oo

Hoard action shall be raken by a vore of lesa then a majority of such full toard.

(g) ‘The Secretary shall keep complete and accurate records of all meeting

and actions taken by the Roard.

(h) The Treasurer shall keep full an) accurate Flnanclal records, mike

periodic reparts to the Board, and submit a complete annual vepart, in vritcen

form, to the Connefl as required by Article VIT, Section 1, of this ordinance,

2. Meetings of the Board shall be held at regular intervals as provided in

(he by-lavs. Fimergency weetings may be held upon 24 hours actual novice and

Iusiness transacted, provided that not less than a majority of the fil Board

coneurs 4a the proposed aerion,

at and oF document

ARTICLE,

bowers

Leo Whe AUPbOr Ey Shu have perpennal sucees

fLon iy its corporate name.

The ¢

wien hervhy ives its irrevacable consent to allowt

y the

Authority fo sue aul he std Ta its corporace name, upon-any contract, clatm or

obligation arising out of its activittes under this ordinance and hereby 3

ithorizes

the Authority to agree hy contrace to waive

any Immunity from sult witch te mipghr

etherulse haves but the Trihé shall not be Mable for the debes or oblipattons of

the Authority.

$. The Authority shall have the Follawiug powers which ¢ may exercise

consis

ent with the wirposes for which tt Is establishe

(a) Ta adopt and use a corporate seal.

(b) Yo enter inte agreements, cantracts snd understandings with aay

fovernmental agency, Federal, state oy Jocal (including the Council) or with any

Person, partnership, corporation or tadtan tribes and to agre

to any condér tons

attached co Pederal financial assistance,

(c) To agree, notwithstanding anything co the contrary contatned in this

ordinance or I any other provision of lav, to any conditions attached to Foderal

financial agsistanee relacing to the determination of prevalling anlartes or

way,

of payment af not Tess than pe

matling

artes or wages ar compliance with

bor standards, im the development or ope:

tion of projects; a

an

Authority

may Include In any contract Jee in connection with a project stipulations requiring

that the contractor and any subcontractors comply with requireménts as to mintmun

salartes or wages and maximum hows oF labor, and comply with any condittons

which the Federal government may have act

ched to Its Financial ald co (hh

project.

(d) Te obli,

fe itself, in any contract with the Federal government far

anual conte tbutlons to the Authority, to conver to the Federal government

possession of or t{f]e to the project co whieh such contrace relatea, upon the

oceurrence of a subs

ntial default (as defined Tn su

h contract) with respect to

the covenants or conditions to whlch the Authority is subjec

3 and such contract

may further provide that in case of such conveyane,

> the Federal government may

complete, operate, minay

se, lease, convey ov otherwise deal with the project and

funds in accordance with the Ferm: of such contract: Provided, That the

voneract requires

that, ai svonoas practicable after che Federal powernment

is watisfled that ail defautos wich

york te The project have been cubed

and that the projet will the

realtor be nperated In accordance with the ters

ot the contract, the Pudural government 3

pall reconvey to the Author fey th

project aa then conscicuted.

(e) To lease property from the tribe and o

rhere for auch perfode ax are

authorized by lav, and to hold and manage or to sublease the same.

(f) To borrow or Lend money, to

sue temporary or long term evidence oi

indebredne:

s and to repay the same, Obligationa shall be lasned-and repaid [a

accordance with the provislons of Arcicle VT of this ordinance.

(g) Yo pledge the as!

ets and receipts af the Authority as security fav

debre; and to acqu

st, Leas

1 ex

hange, ¢ransfer or assign personal

property 6¢ thterest therein,

(hy To pur lund or interests dn land or rake the same by gifuy ro

lease land or inperests in land to the extent pravided by law.

(To undertake aj

rry out studies and analyses of housing needs, ¢6

prepare housing plans, Lo execute the same, to operate pr

fecrs and to provide

for the conseruciton, reconstruction, Improvement, extension, alreratton or

repatr af any project or any part thereof.

(i) With respect co any duellings, accoumodattons, lands, b

ildings or

factlities embraced within any project (Including (ndividual cooperative or

condomintiman units

)y to lease Wr rent, aell, enter Into lense-purchase agceements

pt leases with option to purchuses (0 establish and revise rents ©

required

monthly payments; to make rules and regulations concerning the selection of

tenants or homebuyers, dnelading the establishment of priorities, and concerning

rhe oe

pancy, rental, care

nd management of housing antes; and to make such

further rules and regulations as the Board may deem n

esary and desirable co

effectuate the powers granted by this ordinance.

(kh) To finance parehase oF a home ny an eligible homebuyer (n aceardance

with regulations and requirements of the Deparcmene af Housing and Urban

Development.

(1) Yo terminate any lease or rental agreement or lease-purchase

agreement when the tenant or homebuyer tus violated the terms of euch agreement,

or failed to meet any of its obligations thereunder, or when such termination 1a

othervise authorized under the provistons of such agreement; and co bring accion

for eviction agatnat such tenant or homebuyer.

(m) To establish income Ties for admission chat insure chat dwell ing

Accommodationa in a housing project shall be made available only. to persons of

tow Lneome.

(©) To purchase Insurance from any stock or mutual company for any

property or against any risk or hazards.

() Te invest such funds

As are nok required for immediate d

(p) To establish and mahivain such bank accounts aa may be necessary or

conventent.

(4) To employ an executive director, tachnfeal and ialntenanee personnel

and such other officers and employees, permanent or temporary, am the Aurhor tty

may require; and to delegate to such offleers and employees

uch pavers or dutten

as the Hoard shall deen proper.

(r) Yo cake such Further actions as are oc

wonly engaged in by publie

bodies of this character as the Roard may deem neceasary and deatrable va effectuare

the purposes of the Aurhoricy.

|

(s) To Join or cooperate with any other public housing agency or agencies

operating under the laws or ordinancen of a State or another tribe in the

exe

se, either jolntly or othervise, of any or all of the powers of rhe

Authority and such other public houstag agency or agencfes for the purpose of

Financing (including but not limited to the issuance of notes or other obligatlonn

and giving security therefor), planting, undertaking, owning, constructing,

operating, of contracting wlth respect to a honalng project or projects of the

Authority ar sueh other publle housing agency or agencien, For auch purpose,

the Authority may by re

Intinn prescribe and authorize any echer publ be

housing agency or agencies, so jofolug of cooperating with rhe Authority, tu

act on the Authority's behili with respect te any or al] powers, as the

Authorley's agent or otherw

, in the name of the At

horkty or In che name

ot auch agency or agencies.

(t) To adope such bylaws as the hoard deems necessary and appropriate.

§. Te is the purpose and intent of this ordinance o 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, ©

astruet fon,

nalntenance or operation of any project by the Authority, ?

5, No ordinance or other enactment of the Tribe with respert to the

acquisition, operation, or disposition of Tribal property shall he applteable to

the Authority (n its operations pursuant co this ordinance.

ARTICLE VI

OBLIGATIONS

1. The Authoriry may issue abligarions from tIme to time In ifs discretion

for any ol ica purposes and may also Issue refunding obligations For che purpaue

of paying or retiring obligations previously {asued by tt, The Authority may

jnque such types of obligarions as tr may determine, Including ob] igattong on

which the principal and interest are payable: (a) exclustvely from rhe {eons

and revenves of the project Financed vith the proceeds of such obltpactons, or

with such income and revenues together with a grant from the Federat government

in ald of such projec

; (b) exelusively from the Sacome and revenues ol certain

designated projects whether or not thay were financed In vhole or In pare wlth

the proceeds of such obligations; or (c) From tra revenues generally. Any of

such obligations may be additionally seenced by a pledge of any revenues of any

project or other property of the Authority.

2. Neither the commisstoners of the Authority nor any person executing

the obligations shalt be Liable personally on the obl{gactons by reason of

issuance thereo!.

3. The wores and other oblig

tions of the Authority shal) not be a debe

of the tribe and the obitgattons shall so scare an thelr face.

4. Obligations of tu Authority are declared to be lesued for an essential

publ fe and goverumental purpos

and Lo be public tnstrumental(ties and, coether

with faterest thereon and incon

therefrom, shall be exempt Crow caxes (mpased

by che trtbs

+ The fax vxempeton provistons of this ordtnance shall be considered

pa

tof the security for the repayment of obligations and shall consciture, by

virtue of th

s ordinance and without necessity of being restared In the obtl

a contract between (a) the Authority and the Tribe, and (b) the holders of

obligations and each of them including all cransferees of the obligations from

Etme to cime.

5. Obligations shall be issued and sold in the Following manner:

(a) Obligatlons of the Authority shall be authorized by a resolution

adopted by the vote of a majority of the full floard and may be Issued in one

or more serles.

(b) The obligations shall bear such dates, mature at such times, bear

Interest at such rates, be In such denominationa, be in such form, either

coupon or registered, carry such conversion or registration privilegea, have

such rank or prloricy, be executed in such manner, be payable in such medtum

of payment and at such places, and be subject to such terma of redemprlon, wlth

or without premtum, as such resolucion may provide,

(c) The obl {gations aly be sold at public or private aale at nat less

chan par.

(1) Vn cane any of the commissioners of the Authority whose signatures

appear on any obligations cease to be commissioners hefore the delivery of auch

obligations, the signatures shall, nevertheless, be valfd and sufficient for

all purposes, the same as if the commissioners had remained in office unt ll

delivery.

6. Obligations of the Authority shall be folly negotiable. In any sult,

action or proceeding involving the validity or enforceability of any obligation

of the Authority or the security therefor, any such obligations reciting in

substance that 1 has been i

sued by the Authority to ald tn Financing a

Project pursuant to Chis ardinanes shall be conclusively deemed to have been

Issued for such purpas

and the project for which such obligation was tasued

sball be conclusively deemed tu have been planned, located and carried out in

accordance with the purposes and pravisions of thts ordinance,

7. Jn connection with the tssuance af obligations or incurring of

obi tyarlons under leaiun and fo secure the payment of auch oblipattonu, the

Authority, subject to the Mmitattons in this erdinance, may;

(a) Pledge all or any part of tts groas or net rents, Fees or revenues to

which [ts right then exists or may thereafter come {nto extatence.

(b) Provide for the powers and duties of obligeea and limtt thelr

Mabilicies

and provide the terms and conditions on which such obligees way

enforce any covenant or rights securing of relating to the obligations.

(ce) Covenant against pledging all or any part of its renta, fees and

revenues or against mortgaging any or all of its real or personal property to

which {ts title or right then exists or may thereafter come into existence or

Permitting or suffering any 1fen on such revenues or property.

(4) Covenant with respect to limitations on ita right to sell, Jease or

otherwise dispose of any project or any part thereof.

(©) Covenant as to vhat other or additional debra or obligations may he

Sncurred by ft.

(f) Covenant as ro the obligations to be faaued and as to the taguance

of such obligations in escrow or otherwise, and as to the use and dispoalttons of

the proceeds thereof.

(sg) Provide for the replacement of Jost, destroyed or mutilated obligactona.

(4) Covenant againse extending the ime for the payment of {ts obligations

or Interest thereon,

(1) Redeem the obligations and covenant for their redemptton ani provide

the verms and condicions thereof.

(J) Covenant concerning the rents and Fees ta he charged in the operation

of a project or projects, the amount to he raised each year or other pertod of

time by rents, fees and other revenues, and as to the use and disposition to be

nade thereof.

(eo) Create or authorize thu ereatton of spectal Funds for monles hetd

for construct lon or nperating coats, debt

services, reserves or ather purposes,

and covenant as to the use and disposition of the montes held in sit Funds.

QQ) Preserihe the procedure, if any, hy which rhe cerma of any contract

with holders of obligations may be amended or abrogated, the propart tan of

outatand tng obtt

ations the holdera of which must consent thereto, and tie

manner In whitch

uch consent may be given.

(m) Covenant as to the use, malntenance and replacement of its real or

Personal property, the Jasuranee to be cartted thereon and the use and disposition

of Insurance monies.

(mn) Covenant as to the rights, liabilities, powers and duties arising upon

the breach by it of any convenant, condition or obligation,

(0) Covenant and presertbe as to events of default and terms and

ndfttons upon which any of all of (te obligations become or may be declared

due before maturity, and as to the terma and conditions upon whieh such declaration

and Les consequence

» may be waived.

(p) Vest in any obligees or any proportion of them che right to enforce

(he payment of the obliyatfons or any covenants securing or relating ra the

obl fgations.

(q) Fxereise all or any part ov combination of the powers granted in this

peution,

(r) Make covenants other than and dn addition to the cavenante expressly

authortzed in this section, of like or different character.

(8) Hake any covenants and do any acte and things necessary or conventent

or desirable in order to secure [es obligations, or, in the abaolute digcretion

of the Authority, tending to make the obligations more marketable although che

covenants, ac

or Ehings are not enumerated in chie section,

ARTICLE VOT

“MISCELLANEOUS

1. The Authority shall submit au annual report, signed by the Cha

Finan

af che Board, to (he Council showing (a) a summary of the year's ac

fvitles, (hb)

the Finanefal condition of the Authority, (¢) the condition of the properties,

(1) the number of units and vacancies, (e) any significant problems and accomp] {sh=

menta, (Ff) plane for the future, and (g) ouch other Information as the Authority

or the Council deem pertinent.

+ During his tenure and for one year thereafter, no commissioner, officer

or employee of the Authority, or any member of any governing body of rhe ‘trib

or any other public off {cial who exercises any responsibilities or functions vith

regard to the project, shall voluntarily acquire any Interest direct or Indirect,

in any project or in any property included oy planned to be dneluded in any project,

or In any contract or proposed contract relating to any project, unless prior to

such acquisition, he discloses lis interest in urfiting to the Authority and such

disclosure 1g entered wpon the minures of the Authority, and the commissioner,

officer or employee shall not participate tn any action by the Antharity relating

fo the property or contract in which he has any auch Intereat. Tf any conmleatoner,

officer or employee of the Authartty Involuntarily acquires any auch Interest, ox

voluntarily or involuntarily acquired any such intereat prior to appointment or

employment as a commissioner, officer or employee, the commlasioner, offtcer or

employee, in any such event, shall immediately disclose hie interest tn writ ing

to the Authority, and such disclosure shall be entered upon the minutes of rhe

Authority, and che commisstoner, officer or employee ohall not participate In

any action fy the Authority relating to the property or contrace in which he haa

any such interest. Any violation of the foregoing proviafone of chia section

shall constitute misconduct in off

ce. This section shall not be appli

able to

the acquisition of any interest in obligations of the Authority dusued in

connection with uny project, or fo the execution of agreemente by banking

Inatitutions for che deposit or handling of funds tn comectton with a project or

to act as trustee under any trv

t Iindenture,.or ro utility services the rates for

which are Fixed or controlled by a governmental agency, or to memberahip on the

Board as provided in Article 1V, Seceton 1(a) (4).

4. Bach project develope or operaced under a contract providing For Federal

Financlal asatat

ance shall he developed and operated In compliance vith al re~

quirements af such vontrace and applicable Pederal legislation, and with all

regulaciona and requirements prescribed From time to time by the Federal government

in connection with such a

istance.

4. Whe Authority

al abt:

In or provide for the obtaining of adequate

Fidelity bond coverage of Irs officers, agents, or employees hand\ Lng cash or

authorized to sign checks or certify vouchers.

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

6. ‘The property of the Authority ia declared co be publde properry used for

ntial public and govern

nal purposea and such property and the Author Ley

are exempt from all taxes and special assessments of the Tribe.

ALL property including Funds acquired oy held by the Authority pursuant

to this ordinance shall be exempt fram Levy and sale by virtue of an execution,

nd no execution or other judfetal process shall feaue againet the same nor shall

any judgment against the Auchority be a charge or lien upon such property.

However, rhe provisions of this section shall noe apply to or mit the right of

obligees to purane any remedies for the enforcement of any pledge or len given

by the Authority on Its rents, fees or revenues or the right of the Federal

fovernment th puraue any remedies conferred upon {t purauant to the proviston of

this ordinance or the right of the Authority to pring eviction actions 1

accordance with Article V, Section 3(1).

ARTICLE VITT

COOPERATION TH CONNECTION WTTH PROJECTS

1. For the purpose of atding and cooperating in the planning, undertaking:

construction or operation of projects, the Tribe hereby agrees that:

(a) Tt will not levy or impose any real ar personal property taxes or

special assessments pon the Authority or any project of the Authority.

(bh) Te vill furntsh or

ause to be furnished to the Authority and the

occupanta of projects all services and factitles of the same character and th the

same extent as the Tribe furnishes from time to time without cost or charge

a

other dyellings and inhabitants.

V4

O Tosetar Tt my favhettyin se, fe will grant such deviations fro

any present or tabure bei bding or be

ing codes pf the tribe as are reasonable

and nec

ary lo promate economy wad efftetency in the development and operation

ob any project, and at the same time satoy

rd hwalth and safety, and wa

y buck

changes tn any zoning of the site and surrounding terrleory of any project os are

reasonuble and vce

airy for the development and protection of such projece, and

(he surrounding teericary.

(a) th wit dea any a

niece:

all things, withtn tes lawful powers wey

or eanvent

ot ta aid and o

operate in the planning, undertaking, construct fon or

operation of project

(@) The T

thal Government hereby declares that the powers of the Tribal

Gove

nent shall be vigorously utilized to enforce eviction of a cenant or home-

uyer for nonpayment or other contract violations Including actfon through che

appropriate courts,

(fF)? The Bay Milfs Traian Commmity Teihal Court shall have jurisdieeton to

hear and decermine an accion for eviction of a tenant or homebuyer. the tribal

Government hereby declares that the powers of the Tribal Court shall be vigorously

utilized to enforee eviction of a tenant or homebuyer for nonpayment or other

contract violations.

The provisions of this Article shall remain In eff

any project, and said provisions shall not be abrogated, changed, or mod/fled

without the coi

sent of the Department of Housing and Urban Development, so long

(a) the project is owned by a public body or governmental agency and ts used

for low Income housing purposes, (b) any contract between the Authority and che

Department of Houstng and Urban Development For loans or annual contrtbutlons, or

both, Jn connection with such project, remains in Force and effect, or (ce) any

obligations Issued in connection with such project or any monies due co the

Department of Housing and Urban Development In connection with such project remain

unpaid, whichever perfod ends the Jatest. Tf at any time title to, ar passeasion

of, any project is held hy any public body or governmental agency authorized by

law to engage in the development or operation of Jow income housing, Including

the Federal government, rhe provisions of this section shall inure to the benefit

of and be enforced by such publ le hody or governmental agency.

See footnotes at end of document

ARTICLE TX

APPROVAL BY SECRETARY OF (HE TNTERTOR

With respeet ta any Financ ty)

tance Contract betueen the Authority and

the Federal gavernment, the Authority shall obtaln che approval of the Sec

erary

of the Tntertor or his d

sipnee.

MOOrNant

1. Article T way be mod{Fled as deemed appropriate.

2. Article IV, section 1(a), paragraphs (1), (2) and (3) may he moditted,

For example, the number of board menbers may be more or leea than‘ ftve; the

appointments may be made by the elected head of the tribal government, rather than

the Council; the TA may be made a department or division of the trthal government;

membership on the Board may he Timfted co those vha are members of the tribe, or

to those who are members of the Council, or to those who are nonmembers oF thi:

fonncil, or to a certain number of any category.

4. Artlele TV, section 1(h) may be modified to conform to changes ta

Article TV, sectlon 1a), and as to the length of the term of memberahtp.

4. Artlele TY, section 1(¢) may he modified aa to the manner of appointment

oF the Chatrinan. Far example, tt may provide for appotatment by the hoard

members or by the elected head of the erihal government. ‘This paragraph may also

be modtfted as co the manner of appotntment of the other offtetala.

5+ Artlele TV, Searion 1d) may be modified, hue adequate safequards againet

arbitrary removal shall be tneluded,

6. Article IV, Svetion 1(f) may be modified 4 deemed appropriate, where

the full Board consists af more than 5 members.

2. Article VITL,

tion L(f) may he modtfled to insert the nane of the

appropriate court, or te may he deleted vhere (t 1s demonstrated to lI) that the

Jurisdiction for evictions is|vested in other than eribal courts (e.g., State

courts or Courts of Indian Offenses).

i wok

z \ 4

oe TR ~ 1 HUD-901)1

eye i (11-68)

3

b

CERTIFICATE OF RECORDING OFFICER

1, Armella B. Parker » the duly appointed, qualified

and acting secretary of Bay Mills Indian Community

» do hereby certify that the attached extract from the

minutes of the General Tribal Council meeting of the Bay Mills Indian Community ,

3 »heldon June 1, 1976. ,

{8 a true and correct copy of the original minutes of auch meeting on file and of

record in 80 far as they relate to the matters eet forth tn the attached extract, ’

and T do further certiry that each Resolution appearing in such extract 1¢ a true

and correct copy of a Resolution adopted at sich meeting and on file

‘ 7 TESTIMONY, WHEREOF,

and of record,

I have hereunto set my band and the seal of sata

this uso dayor June 1976.

(Henle 2 Coho

of indian Alia

RECEIVED

» JUN Fe ‘978

HUD-90L2

(7-68)

S_OF MERTT

EXTRACT FROM THE MINUTES OF A pecial

MEETING OF THE General ribal Council

OF THE pay Mills Indian Community

HELD ON THE Ist. DAY OF dune acy gt

The members of the Bay Mills Indian Community

General Tribal Council met in Special

meeting at

Bay Mills Indian Community

ibal OFFI

es in the City of

Brimley + Michigan » at the place, hour,

d date duly established for the holding of sueh meeting,

The Chairman ealled the meeting to order and on roll call, the

‘owing snsvered present: ‘There was a quorum present with thirty members

present.

1 the following vere absent:

The Chairman declared a quorum present.

ee ae ee re

Hup-9018

(1-48)

The following resolution waa introduced by Chairman, Arthur L. LeBlanc

; read in full and considered:

See attached resolution.

Francis Parish moved that the foregoing resolution be

adopted as introduced and read, which motion was seconded by Elizabeth Parish

» and upon roll call the "Ayes" and "Nays! were as follows:

YE NAYS

30 0

The Chairman thereupon declared aaid motion carried and

said resolution adopted.

eee eee

‘There being no further buatnesa to come before the meeting upon motion duly mad;

and seconded, the meeting waa adjourned.

Paacrs, om srananiss

by Virtue ef enston, remuim aid special, open mecLings of the Bry Mills Indian

oumnily Gereral (ribil Counekl and Executive Counel 1. meek at

n hy, Hichipau, ni 7230 Pim. on preseribcd dates,

Ste Catherine's

hes fare, (ln oecordanee with Aruiele Ty, Seetion 5, of the Ray Mills Tndtan

County Constitution and Bylaws, the President of the Tm etttdve Council, by

vrillen notice posted more then ten days In advance, called a special open moek-

Ang oi the General ‘Tribal Council on April 2, 1953, to discuss ordinance

relative to public housing.

The following resolution vas duly passed:

AWSOLUTTON No. 5-63

WIMAS, The Bay MLLLs Indian Community ts in aire need of low-rent

housing, and,

WIKREAS, ‘She general. economy of the community and the immediate eont {gnons

aren is Indlentive of the fuct that the elimination of sb.

Standard housing now in existence in the commaity-will be socom

Piished only through the authorization of lov-reni housing for

‘the comminity, and,

Wnt

HAS, An analysis of all, related factors suggest thet the selt-help

housing; program vowll be the mont satisfactory upproneh 46 the

housing problon of the conminity, and,

WIMIEAS, In ander tit every effort may he extended to expedite action it

Shall be the lutent of this counet). that the eppointnient of the

Roard of Commissioners couprising the Nousing Authority for this

communtty shall have immediate effect and shall he available for

any limediate action consistent with their duties es Commlanloners

and vhich may he deemed advisable, necessary and expedient,

HOW THEREPORE Bt RESOLVED, hat Tribal Ordinanae Wo. 1-63 was and de

hereby adopted whieh charters a public coryoration which 1a and hereafter

wiLL be known ns the Bay Mills Todian Commnity fousing, Authorlty, This

Getion taken under the ‘riba Council's vested authority us set forth in

the Constitution af said community under Article Vi, Sub-seetions (a),

(£) and (¢) thereor,

Ordinance 1-63 yas duly adopted by the General, Tribal Couneil by a vote of ph

for, 0 against, and 3 not. voting; the folloving members being present:

Donald Parish Lehman Teeple .

Mrs. Avthur LeBlanc Mvs+ Donald Parish (Ruth) Mrs. Lehian

(Harvine)

Urs. Sareh Toeple £layton Parish =

Russell Mills ar Teeple

Vb, Ori bas

Pape by

AX. Ay

yo Aes Thtertin

With regpeck to any finaneial a

ance cont

& hetwecn the Authorivy

and the Mederal Government, the Authority shall obtain

approval of the

Seerets

ry of the TnierJor or his a

ignee,

1, the undersigned, as Secretary of the General, tribal Council of the nay

i115 Thddan Conmmnity, hereby certity thal the Gene al tribal Counell. is com

posed of OF voting members, and Unt 22 members constliite a quorum, und that,

#7 mombers vere present ut a speelal meetdiy, ented by the president of. the

recculive counedl. by written notdee pasted ten days in advanee, on Apri. 2,

1963, ub Sh. Catherine's Mall, Brimley, Michigan, at 7:30 Pim,

Ordininee Ho. 1-63 vas duly adopted by the General Tribal Council by a vote

OF et TOE OO agiinst, ahd 3 nok voting; the folloving menbers

being Presse Pape as

d_ Par! ie)

an Peeple

Mrs, Ta

P3. Donald Par.

hina People

Hurvinc)

jurah Weenle

Clayton Parish

Pagar ve

Mrs. Edmund ‘Teeple

(iuetoir'

A Peepile

Mrs. tro} Came:

¥: (Mariey

IN WECHKSS WHERTOP, T haye hereunto <

‘ William D. Cameron, Secretary

/ Bay Mil1s fudian Community

APLROVED: pe 9, 1953 Brimley, Mich.

‘!

fel

Nile,

Great Takes fy

Ashlund, Wis.

By virtue of the authority granted in 14 TAM 3.1, Order 551, Sec, 3340(a)

and (b), I hereby approve the foregoing Tribal Ordinance Ho. 1, an

amended September 7, 1963.

fob t Caco at

September 13, 1963 Acting Area Director

CODE COMPLIANCE ORDINANCE NO RI-1

RESERVATION BAY MILLS ADOPTED APRIL 22, 1968

100. Purpose and Policy:

1. Purpose: The purpose of this ordinance is to provide

fair and efficient means of enforcing the various zoning,

building, electrical, plumbing and related codes, including the

Community Improvement Ordinance, which has been or may be

hereafter adopted for the reservation.

2. Compliance Policy: It shall be the duty of the persons

charged with the administration of the ordinance to attempt at

all times to attain compliance with the various codes through

education, explanation, and persuasion. Every effort will be

made to have people understand that fair code enforcement is for

the benefit of themselves and their neighbors. Compulsion and

penalties for non-compliance shall be used only when all efforts

of persuasion have failed.

101. Application:

This ordinance shall control the administration of the

zoning code (Ordinance RI-6); electrical code (Ordinance RI-3);

the plumbing code (Ordinance RI-4); the building code (Ordinance

RI-2); the community improvement ordinance (Ordinance RI-5) and

such other codes as may be added from time to time.

102. Code Supervisor:

1. Position Created: There is hereby created the position

of code supervisor. The position shall be filled in accordance

with the administrative and operating procedures of the tribal

governing body. The position may be held on a part-time basis.

2. Qualifications: The person selected as code supervisor

shall be knowledgeable in the field of building construction. He

shall possess or be able to acquire a basic knowledge of

sanitation. He shall be the type of person who is able to work

effectively with people, and to explain the value of codes and

code compliance.

3. Responsibilities:

a. The code supervisor shall be the person primarily

responsible for the administration and enforcement

of all codes subject to this ordinance.

b. He shall keep informed about the new construction

and alterations of the reservation.

Cc. He shall maintain records concerning code

compliance adequate to meet the annual reporting

requirements of the Department of Housing and

Urban Development.

d. He shall provide technical assistance to persons

planning or constructing any building or facility

to which the various codes subject to this

ordinance apply.

103. Assistant Code Supervisors:

The tribal governing body is hereby authorized to deputize

as Assistant Code Supervisors such other persons as it may

determine necessary. Selected persons in various districts may

be given supervisory jurisdiction for their village or district;

all such person working under the supervision of the code

supervisor.

104. Permits:

1. When Required: A permit shall be required in the

following cases:

a. Prior to the construction or major alteration of

any dwelling unit located in a community

improvement area, as defined in Section 501.2 of

Ordinance RI-5, or in an area designated in

Section 601.2 of the Zoning Code (Ordinance RI-6).

b. Prior to the installation or major alteration of

electrical service, as defined in the Electrical

Code.

lems Prior to the installation or major alteration of

any water or sewer facility, as defined in the

Plumbing Code.

d. Prior to the construction of any non-dwelling

unit, other than a barn, farm shed or related farm

structure.

2. Application: In every case in which a permit is

required, the owner shall apply to the code supervisor for the

necessary permit or permits.

3. Contents: Every application for a permit shall state

the type of structure or facility to be built or altered, the

approximate cost, the location, the method of construction or

alteration, and the name of the proposed contractor, if any. The

code supervisor may require the applicant to submit such plans,

drawings and specifications as are necessary for him to determine

whether the application should be approved.

4. Approval: If the application shall show to the

satisfaction of the code supervisor that the proposed alteration

or construction will be in accordance with all outstanding codes

and ordinances, he shall approve the application and issue the

necessary permit.

5. Modification and Appeal: If the application is denied,

the applicant may modify the application as necessary to secure

approval; or he may file an action against the tribal governing

body to require the code supervisor to issue a permit. If, after

a hearing, it is found that the application is in conformity to

all outstanding codes and ordinances, the code supervisor shall

issue a permit.

105. Rental Units:

1. The owner of every building on the reservation which is

leased or sub-leased for the purpose of human habitation, where

the monthly rental exceeds $20 per month, shall within twelve

months from the date of this ordinance:

a. Provide such building with water and sewage

facilities and electrical service equivalent to

that required in community improvement areas, and

b. Repair and recondition such building as necessary

to provide a safe, sound structure, resistant to

weather, and meeting insofar as possible, the

standards of the building code applicable to

community improvement areas.

2. Every building on the reservation which is leased or

sub-leased for the purpose of human habitation where the monthly

rental is $20 or less, shall be repaired and reconditioned as

necessary to provide a safe, sound structure, resistant to the

weather.

3. If the owner of any building shall fail to comply with

this section within the time specified, and the building is

located on tribal land the building shall automatically be

forfeited and become the property of the reservation. If the

building is located on individually-owned land, the reservation

shall bring appropriate injunctive action to enforce compliance.

106 Enforcement:

1. Complaints: If it appears that a person is violating

any of the codes subject to this ordinance, or has begun any

construction or major alteration for which a permit is required

without first having obtained a permit, the tribal governing

body, and code supervisor, any assistant code supervisor

designated under Section 103, or any person aggrieved may file a

3

complaint in a court or appropriate jurisdiction in the name of

the reservation to require such person to cease and desist from

the alleged violation, and to take such corrective action as may

be necessary.

2. Corrective Action: If the action is brought in Court,

the Court shall promptly give notice to all interested parties

and hold a hearing upon such complaint. If it appears that the

Defendant is violating one or more of the codes or is building

without a permit, the Court shall enter an Order requiring such

person to cease and desist and to take such corrective action as

may be necessary within a specified time.

3. Penalty: Failure to obey the Court's Order shall

subject the Defendant to prosecution for contempt of Court.

BAY MILLS INDIAN COMMUNITY

AN ORDINANCE REGULATING THE ISSUANCE OF RESIDENTIAL

AND COMMERCIAL LEASES ON THE RESERVATION OF

THE BAY MILLS INDIAN COMMUNITY

Section 1. Purpose.

The purpose of this ordinance is to establish the terms

and conditions under which the Bay Mills Indian Community

shall issue leasehold interests for various purposes on

land held in trust for its benefit by the United States.

Section 2. Policy.

It is the policy of ‘the Bay Mills Indian Community to

ensure that the lands held in trust for its benefit by the

Unilted States, which encompass its Reservation, are used

for, the benefit of its members, as follows:

a. Adequate sites are available for governmental

purposes, including, but not limited to:

1. Provision of health, social services,

education, law enforcement, cultural, recreation,

senior citizen and youth services and programs.

2. Provision of water, sanitation, electricity,

heat, telephone and similar utility services to all

locations.

3. Protection of areas of cultural and historical

significance to the Bay Mills Indian Community.

4, Protection of the natural environment

encompassing the Reservation.

5, Provision of tribally-operated enterprises for

the generation of revenue, employment, and

services,

b. Adequate land is provided for the establishment

and maintenance of primary residences by members of

the Bay Mills Indian Community.

c. Establishment and maintenance of secondary, or

seasonal, residences by members of the Bay Mills

Indian Community is authorized, but subordinate to the

policy expressed in subsec. (a) and (b), above.

dad. Establishment and maintenance of commercial

enterprises owned and operated by members of the Bay

We

Lease Ordinance

Mills Indian Community is authorized, but subordinate

to the policies expressed in subsec. (a) and (b) of

this section.

e. Leases shall not be issued to non-members of the

Bay Mills Indian Community unless special

circumstances exist which demonstrate to the

Satisfaction of the Executive Council that undue

hardship would result to members of the Bay Mills

Indian Community in the absence of such lease

issuance. The procedures to demonstrate undue hardship

are described in subsec. 11(a) of this ordinance.

Section 3. Reservation of Governmental Authority.

Nothing contained in this ordinance shall prohibit or

limit the power of the Bay Mills Indian Community to set

aside trust land for a specific purpose by any official

Action of the General Tribal Council, or by the Executive

Council acting under authority delegated by the General

Tribal Council.

Section 4. Compliance with Federal Law.

Nothing contained in this ordinance shall supersede or

contravene the application of federal law relating to

lands held in trust for an Indian Tribe or the regulations

issued by the Secretary of the Interior regarding leasing

of tribal lands contained in 25 C.F.R. Part 162, as it may

from time to time be amended.

Section 5. Lease for Governmental Purpose.

The Executive Council may issue a lease upon written

request to a department, agency or subordinate

organization established by tribal ordinance for a

governmental purpose, for the fee of One Dollar ($1.00).

Section 6. Permit for Primary Residence.

The Executive Council may issue a permit for residential

use by a member of the Bay Mills Indian Community under

the following circumstances:

a. The member requests a lease, under the procedure

described in subsec. 7(a)--(d) of this ordinance, and

the permit is desired in order to obtain financing for

construction of the member's planned residence.

~F-

Lease Ordinance

b. Such permit shall identify the area by legal

description and shall be issued for a period not more

than two (2) years in duration.

c. The permit shall be canceled and a primary

residential lease shall be authorized when:

1. A written commitment letter from a lender is

provided to the Executive Council, that funds

will be provided for construction of the member's

residence on the premises subject to the permit;

or

2. The Executive Council is satisfied that the

member has made substantial progress in

constructing a residence on the premises subject

fo the permit.

Section 7. Lease For Primary Residence.

The Executive Council may issue a lease for residential

use by a member of the Bay Mills Indian Community upon the

following terms:

a. The member requesting a lease shall do so in

writing and may specify a particular parcel for such

lease. In the absence of a specified location

request, the Executive Council, in consultation with

the Bay Mills Indian Community Housing Authority,

shall identify the land to be leased.

b. The member shall affirm in writing that the lease

is requested for land which will be the member's legal

residence, and upon which the member will physically

reside at least seven (7) months of each year.

c. The land to be leased shall not exceed one (1)

acre in size.

d. The lease issued may contain restrictions on

siting of structures, excavation, construction of

access points, addition of fill material, and similar

matters, as may be required by applicable federal law.

e. The member shall construct and occupy a residence

on the leased site within one (1) year of lease

issuance. Failure to comply with this requirement

shall cause the termination of the lease, unless the

lessee demonstrates to the satisfaction of the

Executive Council that such failure was not due to

circumstances solely within lessee's control. In such

event, the Executive Council may extend the time

period within which the member shall construct and

=%

Lease Ordinance

occupy a residence, but not for more than one (1)

additional year.

f. The fee charged for the primary residential lease

shall be One Dollar ($1.00).

g. A lease issued to the Bay Mills Indian Community

Housing Authority for the benefit of a member,

pursuant to a home ownership financing program

administered by said Authority, shall be considered a

primary residence lease.

h. No member lessee shall be issued more than one

primary residence lease. In the event that such a

member shall seek another lease for a primary

residence, the member shall do one of the following:

1. Relinguish the first primary residence lease

to the Bay Mills Indian Community; or

2. Assign the first primary residence lease to

another member within one (1) year of issuance of

the second lease, with the approval of the

Executive Council; or

3. Convert the first primary residence lease to

a commercial lease within one year of issuance of

the second lease, under the terms provided

therefor in Section 9 of this ordinance.

4, Failure to dispose of the first primary

residence lease as required in subsec. 1--3,

above, shall cause the automatic relinquishment

of the second lease to the Bay Mills Indian

Community.

i. No commercial enterprise shall be located on land

subject to a residential lease without the express,

written authorization of the Executive Council, and

subject to a determination by the Bureau of Indian

Affairs as to the fair market rent such enterprise

activity must be assessed as a portion of the lease

fee. Payment of the fair market rent must be made in

order for the Executive Council to authorize the

commercial enterprise.

Section 8. Lease for Seasonal Use.

The Executive Council may issue a lease for seasonal,

residential use by a member of the Bay Mills Indian

Community upon the following terms:

a. The member requesting a seasonal use residential

-4-

Lease Ordinance

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