CHAPTER 47 - SPOKANE INDIAN HOUSING AUTHORITY ORDINANCE (2025)

CHAPTER 47 - SPOKANE INDIAN HOUSING AUTHORITY ORDINANCE

Section 41-1 Declaration of Need

Section 47-2 Purposes

Section 47-3 Definitions

Section 47-4 Board of Commissioners

Section 47-5 Powers

Section 47-6 Obligations

Section 47-7 - Miscellaneous

Section 47-8 Cooperation in Connection with Projects

Section 47-9 Tribally Designated Housing Entity

Section 47-10 Savings Clause, Severability, Pending Actions

Pursuant to the authority vested in the Spokane Tribe by its Constitution, and particularly by Article VII,

Section I thereof, and its authority to provide for the health, safety, morals and welfare of the Tribe, the

Tribal Council of the Spokane Tribe hereby amends this ordinance establishing the public body known as

the Spokane Indian Housing Authority (hereinafter referred to as the Authority) and establishing 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,

exercise its powers and carry out its duties upon proof of the adoption of this ordinance, as amended. A

copy of this ordinance, as amended, duly certified by the Secretary of the Council, shall be admissible in

evidence in any suit, action or proceeding.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 41-1 Declaration of Need

47-1.01 Declaration of Need

It is hereby declared:

(a)

That there exists on the Spokane Reservation unsanitary, unsafe, and overcrowded housing; that

there is a shortage of decent, safe and sanitary housing on and near the Spokane Reservation;

and that there is a shortage of affordable housing in other areas where members of the Tribe

reside; and that such shortage forces persons to occupy unsanitary, unsafe and overcrowded

housing and to leave the Reservation;

(b)

That these conditions cause an increase in and spread of diseases 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, prosecution and punishment,

public health and safety protection, fire and accident prevention, and other public services and

facilities;

(c)

That the shortage of decent, safe and sanitary housing cannot be relieved through the operation

of private enterprises alone;

(d)

That the providing of decent, safe and sanitary housing and other housing assistance and related

services are public uses and purposes for which money may be spent and private property acquired

and are governmental functions of Tribal concern;

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(e)

That residential construction activity and a supply of acceptable housing are important factors to

general economic activity, and that the undertakings authorized by this ordinance to aid the

production of better housing and more desirable neighborhood and community development at

lower costs will make possible a more stable and larger volume of residential construction and

housing supply which will assist materially in achieving full employment; and

(f)

That the necessity in the public interest for the provisions hereinafter enacted is hereby declared

as a matter of legislative determination.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-2 Purposes

47-2.01 Purposes

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

(a)

Remedying unsafe and unsanitary housing conditions that are injurious to the public health,

safety, welfare and morals;

(b)

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

(c)

Providing housing, housing assistance and related services on and near the Spokane Reservation

and in other areas where members of the Tribe reside.

(d)

Providing employment and other economic development opportunities through the construction,

reconstruction, improvement, extension, alteration or repair and operation of housing and related

infrastructures and facilities and through the provision of housing assistance, housing opportunities

and related services.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-3 Definitions

47-3.01 Definitions

The following terms, wherever used or referred to in this ordinance, shall have the following respective

meanings, unless a different meaning clearly appears from the context:

(a)

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

(b)

“Board member” or “Commissioner” means any member of the Board of Commissioners, including

an alternate, unless the context specifically provides otherwise.

(c)

“Council” means the Spokane Business Tribal Council.

(d)

“Federal government” includes the United States of America and any department, agency or

instrumentality of the United States of America, corporate or otherwise.

(e)

“Homebuyer” means a person(s) who has executed a lease-purchase agreement, a lease with an

option to purchase or a contract to purchase a home with the Authority and who has not yet

achieved homeownership and includes a person(s) who has executed a turnkey or Mutual Help and

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Occupancy Agreement with the Authority or a person(s) who has executed a leasehold mortgage

or other mortgage or security instrument for the purchase or improvement of a home.

(f)

“Housing project” or “project” means any work or undertaking to provide or assist in providing

decent, safe and sanitary housing. Such work or undertaking may include a building or buildings,

land, leaseholds, equipment, facilities, and other real or personal property for necessary,

convenient or desirable appurtenances, for streets, sewers, water service, utilities, parks, site

preparation or landscaping, and for administrative, community, health, recreational, welfare, or

other purposes. The term “housing project” or “project” also may be applied to the planning of

the building or buildings and improvements, the acquisition of property or any interest therein, the

demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair

of the improvements or other property and all other work in connection therewith, and the term

shall include all other real and personal property and all tangible or intangible assets held or used

in connection with the housing project.

(g)

“Obligations” means any notes, bonds, interim certificates, debentures, or other forms of obligation

issued by the Authority pursuant to this ordinance.

(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.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-4 Board of Commissioners

47-4.01 Board of Commissioners

(a)

The affairs of the Authority shall be managed by a Board of Commissioners composed of five

persons. In addition, two individuals shall be alternates who may be called upon to serve in the

event of a conflict of interest or the absence of any regular Board member.

Legislative History- Enacted: 5/25/04, Resolution 2004-290; Amended 1/15/2013, Resolution 2013-127

(b)

The Board members shall be appointed, and may be reappointed, by the Council. A certificate of

the Secretary of the Council as to the appointment or reappointment of any Commissioner shall be

conclusive evidence of the due and proper appointment of the Commissioner.

(c)

A Commissioner may be a member or non-member of the Tribe, and may be a member or nonmember of the Tribal Council.

(d)

No person shall be barred from serving on the Board because he or she is a tenant or homebuyer

in a housing project of the Authority; and such Commissioner shall be entitled to fully participate

in all meetings concerning matters that affect all of the tenants or homebuyers, even though such

matters affect him or her as well. However, no such Commissioner shall be entitled or permitted

to participate in or be present at any meeting (except in his or her capacity as a tenant or

homebuyer), or to be counted or treated as a member of the Board, concerning any matter

involving his or her individual rights, obligations or status as a tenant or homebuyer.

(e)

The term of office shall be three years and staggered. When the Board is first established, two

members’ terms shall be designated to expire in one year, two to expire in two years, and the last

in three years. Thereafter, all appointments shall be for a three-year term. Each member of the

Board shall hold office until a successor has been appointed and has qualified, provided, that this

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amended ordinance shall not affect the terms of the existing Board. Alternates shall serve threeyear, non-staggered terms.

Legislative History- Enacted: 5/25/04, Resolution 2004-290; Amended 1/15/2013, Resolution 2013-127.

(f)

If a vacancy occurs on the Board in a position for which there in an unexpired term remaining, the

Council shall appoint a Commissioner to complete the unexpired term.

(g)

Any Commissioner may resign at any time by delivering a written resignation to the Secretary of

the Council. Such resignation shall be effective on the date stated in the resignation, or effective

immediately, if no date is given.

(h)

The Board shall elect one of its members to chair the Board. The Board shall also elect from among

its members a Vice-Chair, a Secretary, and a Treasurer; and any member may hold two of these

positions. Only regular members, and not alternates, may serve as officers of the Board. In the

absence of the Chair, the Vice-Chair shall preside; and in the absence of both the Chair and ViceChair, the Secretary shall preside.

(i)

A member of the Board may be removed by the Council for serious inefficiency or neglect of duty

or for misconduct in office, but only after a hearing before the Council and only after the member

has been given a written notice of the specific charges against him or her at least 10 days prior to

the hearing. At any such hearing, the member shall have the opportunity to be heard in person or

by counsel and to present witnesses in his or her behalf. In the event of removal of any Board

member, a record of proceedings, together with the charges and findings thereon, shall be filed

with the Secretary of the Council.

(j)

The Commissioners shall not receive compensation for their services but shall be entitled to

compensation for expenses, including travel expenses, incurred in the discharge of their duties.

(k)

A majority of the full Board, consisting of not less than three Commissioners, 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.

(l)

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

Board.

(m)

The Treasurer shall keep full and accurate financial records, make periodic reports to the Board,

and submit a complete annual report, in written form, to the Council as required by section 7.01 of

this ordinance.

(n)

Meetings of the Board shall be held at regular intervals as provided in the bylaws or by resolution

of the Board. Emergency meetings may be held upon 24 hours’ actual notice and business

transacted, provided that not less than a majority of the full Board concurs in the proposed action.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-5 Powers

47-5.01 Intent

It is the intent of this section to empower the Authority to provide housing, housing assistance and related

services to the full extent possible without limitation except as set forth in this ordinance and other

applicable law, and irrespective of the source of financial assistance or funding for such activities.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

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47-5.02 Area of Operation

The area of operation of the Authority shall include all lands within the exterior boundaries of the Spokane

Reservation, all other lands within the jurisdiction of the Spokane Tribe, and any areas in which members

of the Spokane Tribe may reside.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-5.03 Succession of Corporate Name

The Authority shall have perpetual succession in its corporate name.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-5.04 Sovereign Immunity, Litigation and Arbitration

(a)

The Council hereby gives its consent, irrevocable except by amendment to this ordinance, to

allowing the Authority in its corporate name, to sue in courts of appropriate jurisdiction and to be

sued in the Spokane Tribal Court upon any contract, claim or obligation arising out of its activities

under this ordinance when the Authority has agreed, by express written contract, to waive the

immunity from suit it possesses as a delegate agency of the Spokane Tribe.

(b)

The Council further gives its consent, irrevocable except by amendment to this ordinance, to

allowing the Authority in its corporate name, to agree to arbitration of any controversy arising out

of any written contract, agreement or other instrument entered into by the Authority; provided,

any such agreement to arbitrate and any arbitration arising therefrom shall governed by the

provisions of applicable tribal law.

(c)

Provided, that the Spokane Tribe together with all its agencies and branches, excepting the

Authority, shall not be liable for the contracted debts or obligations of the Authority; provided

further, nothing in this section is intended to be nor shall the same be construed to be a per se

waiver of the sovereign immunity of the Authority as a delegate agency of Tribe; provided further,

that any waiver by the Authority of the sovereign immunity which the Authority possesses as a

delegate agency of the Tribe must be explicit and set forth in a written contract to which the

Authority is a party and must comply with all federal and tribal requirements for the waiver of

sovereign immunity.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-5.05 Other Powers

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

it is established:

(a)

To develop housing, including the acquisition, new construction, reconstruction, or moderate or

substantial rehabilitation of housing, which may include real property acquisition, site improvement,

development of utilities and utility services and other infrastructure, conversion, demolition,

financing, administration and planning, and other related activities.

(b)

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

(c)

To provide housing-related services, such as housing counseling in connection with rental,

homebuyer or homeownership assistance, establishment and support of resident organizations and

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resident management corporations, energy auditing, activities related to the provision of selfsufficiency, education programs and other services related to assisting tenants, homebuyers and

homeowners, contractors, and other entities.

(d)

To provide housing management services, including but not limited to preparation of work

specifications, loan processing, inspections, tenant selection, management of tenant-based rental

assistance, and management of housing projects.

(e)

To assist the Spokane Tribe to provide safety, security, and law enforcement measures and

activities appropriate to protect tenants, homebuyer and homeowners from crime.

(f)

To conduct and engage in housing activities under model programs that are designed to carry out

the purposes of the Native American Housing Assistance and Self-Determination Act of 1996.

(g)

To provide other housing assistance and support services, including but not limited to voucher

assistance, the establishment and operation of assisted living facilities and the provision of

transient, emergency and other short-term housing.

(h)

To adopt and use a corporate seal.

(i)

To enter into agreements, contracts and understandings with any governmental agency, federal,

tribal, state or local (including the Council or any agency or entity of the Tribe or the tribally

designated housing entities of any other Indian tribe) or with any person, partnership, corporation,

association or organization, whether profit or nonprofit, and to agree to any conditions attached to

any such financial assistance.

(j)

To agree, notwithstanding anything to the contrary contained in this ordinance or in any other

provision of law, to any legally valid conditions attached to federal financial assistance relating to

the determination of prevailing salaries or wages or payment of not less than prevailing salaries or

wages in compliance with labor standards, in the development or operation of projects; and the

Authority may include in any contract let in connection with a project stipulations requiring that the

contractor and any subcontractors comply with requirements as to minimum salaries or wages and

maximum hours of labor, and comply with any legally valid conditions which the federal

government may have attached to its financial aid to the project.

(k)

To lease property from the Tribe and others for such periods as are authorized by law, and to hold

and manage or to sublease or assign the same or to mortgage or give any other security interest

in the same.

(l)

To borrow or lend money, to issue temporary or long term evidence of indebtedness, and to repay

the same. Obligations shall be issued and repaid in accordance with the provisions of Section 6 of

this ordinance.

(m)

To pledge the assets and receipts of the Authority as security for debts or other contractual

undertakings; and to acquire, sell, lease, exchange, transfer or assign personal property or interests

therein.

(n)

To purchase land or interests in land or take the same by gift; and to lease land or

interests in land to the extent provided by law.

(o)

To undertake and carry out studies and analyses of housing needs, to prepare housing plans, to

execute the same, to operate projects and to provide for the construction, reconstruction,

improvement, extension, alteration or repair of any project or any part thereof.

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(p)

With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any

project or otherwise (including but not limited to single family residences, multi-family dwellings,

apartments and individual cooperative or condominium units, whether for single individuals or

families): to lease or rent, sell, including sales subject to a leasehold mortgage or other security

interest, enter into lease-purchase agreements, leases with option to purchase or contracts to

purchase; to establish and revise rents or required monthly payments; to adopt policies and

procedures concerning the selection of tenants or homebuyers, including the establishment of

priorities, and concerning the occupancy, rental, care and maintenance of housing units; and to

adopt such further policies and procedures as the Board may deem necessary and desirable to

effectuate the powers granted by this ordinance.

(q)

To finance, subsidize and otherwise assist purchase of a home by an eligible homebuyer through

such financing mechanisms as lease-purchase agreements, leases with option to purchase,

contracts to purchase and leasehold mortgages or other mortgages or security interests; through

loans, including revolving loans, whether secured or unsecured; through direct assistance including

down payment assistance, subsidies, write downs; and through other means including loan

guarantees and loan insurance; and to assist an eligible homebuyer or homeowner with home

repairs and improvements, modernization, rehabilitation and remodeling through such means.

(r)

To terminate any lease or rental agreement, or any lease-purchase agreement, lease with option

to purchase or contract for purchase of a home, when the tenant or homebuyer has violated the

terms of such agreement, or failed to meet any of its obligations thereunder, or when such

termination is otherwise authorized under the provisions of such agreement; and to bring an action

for foreclosure of a leasehold mortgage or other mortgage or security interest when a homebuyer

has failed to meet any of the homebuyer’s obligations thereunder or when such termination is

otherwise authorized under the provisions of the leasehold mortgage or other mortgage or security

interest.

(s)

To bring an action for eviction against any tenant or homebuyer whose rental or lease agreement

or lease-purchase agreement or lease with option to purchase or contract for purchase has been

terminated and against any homebuyer whose leasehold mortgage or other mortgage or security

interest has been foreclosed.

(t)

To administer and manage properties other than properties owned by or in which the Authority

has an interest.

(u)

To purchase insurance from any stock or mutual company, or to participate in any plan of selfinsurance, including a nonprofit insurance entity in which the Authority or the Tribe may have an

ownership interest, for any property or against any risk or hazards.

(v)

To agree to indemnify any officer, employee or agent, acting as such, and to agree or obligate the

Authority to advance or reimburse expenses of any officer, employee or agent of the Authority,

acting as such, who has been made a party to any legal proceeding.

(w)

To invest such funds as are not required for immediate disbursement in any form of investment or

obligation that is consistent with the purposes of this ordinance, including but not limited to equity

investments, interest-bearing loans or advances, non-interest bearing loans or advances, interest

subsidies, leveraging of private investments, and investment securities.

(x)

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

activities.

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(y)

Subject to other applicable law, to set aside such cash reserves, if any, that the Board in its sole

discretion may deem appropriate.

(z)

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

(aa)

To accept gifts and charitable contributions and to use the same for purposes consistent with this

ordinance.

(bb)

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

(cc)

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

and on behalf of its officers and employees.

(dd)

To employ an executive director, technical and maintenance personnel and such other officers and

employees, permanent or temporary, as the Authority may require; and to delegate to such officers

and employees such powers and/or duties as the Board shall deem proper.

(ee)

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

appropriate.

(ff)

To enter into contracts for professional services to be performed on behalf of the Authority,

including but not limited to accounting, appraisal, architectural, engineering and legal services.

(gg)

To join or cooperate with any other public housing agency or agencies operating under the laws

or ordinances of a State or another Tribe in the exercise, either jointly or otherwise, of any or all

of the powers of the Authority and such other public housing agency or agencies for the purposes

of financing (including but not limited to the issuance of notes or other obligations and giving

security therefor), planning, undertaking, owning, constructing, operating or contracting with

respect to a housing project or projects of the Authority or such other public housing agency or

agencies. For such purpose, the Authority may, by resolution, prescribe and authorize any public

housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority’s

behalf with respect to any or all powers, as the Authority’s agent or otherwise, in the name of the

Authority or in the name of such agency or agencies.

(hh)

To enter into local cooperation agreements with the governing body of any locality within which

any housing to be assisted by the Authority is or will be situated for the provision of governmental

services and other purposes.

(ii)

To initiate and take any and all action that may be necessary or desirable to participate in the Low

Income Housing Tax Credit program provided for in section 42 of the U.S. Internal Revenue Code,

or the corresponding section of any future tax code.

(jj)

To cooperate with and assist in the establishment of nonprofit organizations and local chapters of

nonprofit organizations which are entitled to exemption from federal income tax under section

501(c)(3) of the U.S. Internal Revenue Code, or the corresponding section of any future tax code,

and to make grants or contributions to such organizations limited to and including only those

purposes included under section 501(c)(3) of the U.S. Internal Revenue Code, or the corresponding

section of any future federal tax code, and as are consistent with and in furtherance of the purposes

of this ordinance.

(kk)

To establish a separate fund(s) and to organize and operate such fund(s) exclusively for the

purposes included under section 501(c)(3) of the U.S. Internal Revenue Code, or the corresponding

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section of any future federal tax code, and as are consistent with and in furtherance of the purposes

of this ordinance, and with respect to such fund(s) to receive gifts and charitable contributions.

(ll)

To draft and propose legislation, tribal or otherwise, to participate in federal rule making and

comment on proposed federal regulations, to participate in lobbying activities consistent with the

purposes of this ordinance, and to testify orally and in writing before any Congressional or other

governmental committee.

(mm)

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

more housing associations.

(nn)

To enter into partnership agreements and limited liability company agreements and to provide

indemnification for and guaranties benefitting such partnerships and limited liability companies.

(oo)

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

(pp)

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.

(qq)

To take further actions as are authorized by the Tribal Council by resolution.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290; Amended 05/21/25, Resolu. 2025-242.

47-5.06 Purpose and Intent

It is the purpose and intent of this ordinance to authorize the Authority to do any and all things necessary

or desirable in furtherance of the stated purposes of this ordinance and to secure public or private financing

or the financial aid or cooperation of the federal, tribal or state government in the undertaking, construction,

maintenance or operation of any project by the Authority.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-5.07 Applicability

No law or other enactment of the Tribe with respect to the acquisition, operation, or disposition of Tribal

property shall be applicable to the Authority in its operations pursuant to this ordinance.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-6 Obligations

47-6.01 Issuance of Obligations

The Authority may issue obligations from time to time in its discretion for any of its purposes and may also

issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The

Authority may issue such types of obligations as it may determine, including obligations on which the

principal and interest are payable:

(a)

Exclusively from the income and revenues of the project financed with the proceeds of such

obligations, or with such income and revenues together with a grant from the federal government

in aid of such project;

(b)

Exclusively from the income and revenues of certain designated projects whether or not they were

financed in whole or in part with the proceeds of such obligations; or

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(c)

From its revenues generally. Any of such obligations may be additionally secured by a pledge of

any revenues of any project or other property of the Authority.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.02 Liability

Neither the Commissioners of the Authority nor any person executing the obligations shall be liable

personally on the obligations by reason of issuance thereof.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.03 Debts

The notes and other obligations of the Authority shall not be a debt of the Tribe and the obligations shall

so state on their face.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.04 Status of Obligations

Obligations of the Authority are declared to be issued for essential public and governmental purpose and

to be public instrumentalities and together with interest thereon and income therefrom, shall be exempt

from taxes imposed by the Tribe. The tax exemption provisions of this ordinance shall be considered part

of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without

necessity of being restated in the obligations, a contract between the Authority and the holders of

obligations and each of them, including all transferees of the obligations from time to time.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.05 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 signatures shall,

nevertheless, be valid and sufficient for all purposes, the same as if the Commissioners had

remained in office until delivery.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.06 Negotiability of Obligations

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Obligations of the Authority shall be fully negotiable. In any suit, action or proceeding involving the validity

or enforceability of any obligation of the Authority or the security therefor, any such obligation reciting in

substance that it has been issued by the Authority to aid in financing a project pursuant to this ordinance

shall be conclusively deemed to have been issued for such purpose, and the project for which such

obligation was issued shall be conclusively deemed to have been planned, located and carried out in

accordance with the purposes and provisions of this ordinance.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-6.07 Power of Authority Over Obligations

In connection with the issuance of obligations or incurring of obligations under leases and to secure the

payment of such obligations, the Authority, subject to the limitations in this ordinance, may:

(a)

Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or

may thereafter come into existence.

(b)

Provide for the powers and duties of obligees and limit their liabilities; and provide the terms and

conditions on which such obligees may enforce any 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

or all of its real or personal property to which its title or right then exists or may thereafter come

into existence or permitting or suffering any lien on such revenues or property.

(d)

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 of 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 of the

monies held in such funds.

(l)

Prescribe the procedures, if any, by which the terms of any contract with holders of obligations

may be amended or abrogated, the proportions of outstanding obligations the holders of which

must consent thereto, and the manner in which such consent may be given.

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(m)

Covenant as to the use, maintenance and replacement of its real or personal property, the

insurance to be carried thereon and the use and disposition of insurance monies.

(n)

Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any

covenant, condition or obligation.

(o)

Covenant and prescribe as to events of default and terms and conditions upon which any or all of

its obligations become or may be declared due before maturity, and as to the terms and conditions

upon which such declaration and its consequences may be waived.

(p)

Vest in any obligees or any proportion of them the right to enforce the payment of the obligations

or any covenants securing or relating to the obligations.

(q)

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

(r)

Make covenants other than and in addition to the covenants expressly authorized in this section,

of like or different character subject to the limitations contained in this section and not inconsistent

with this ordinance.

(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 even when said covenants, acts or things are not enumerated in this section.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-7 - Miscellaneous

47-7.01 Annual Reports

The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council showing:

(a)

A summary of the year’s activities,

(b)

The financial condition of the Authority,

(c)

The condition of the properties,

(d)

The number of units and vacancies,

(e)

Any significant problems and accomplishments,

(f)

Plans for the future, and,

(g)

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

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.02 Interests - Acquisitions and Disclosures

During his or her 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 or she discloses

his or her interest in writing to the Authority and such disclosure is entered upon the minutes of the

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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 or she has any such interest. If any Commissioner, officer

or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquired

any such interest prior to appointment or employment as a Commissioner, officer or employee, the

Commissioner, officer or employee, in any such event, shall immediately disclose his or her 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 or she has any such interest. Any violation of the foregoing provisions of

this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of

any interest in obligations of the Authority issued in connection with any project, or to the execution of

agreements by banking institutions for the deposit or handling of funds in connection with a project or to

act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by

a governmental agency, or to membership on the Board as provided in section 4.01(d).

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.03 Project Development Compliance

Each project developed or operated with federal financial assistance shall be developed and operated in

compliance with all applicable federal legislation, and with all legally valid regulations and requirements

prescribed from time to time by the federal government in connection with such assistance.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.04 Bond Coverage

The Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers,

agents or employees handling cash or authorized to sign checks or certify vouchers.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.05 Not for Profit

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

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.06 Property Taxes and Assessments - Exempt

The property of the Authority is declared to be public property used for essential public and governmental

purposes and such property and the Authority are exempt from all taxes and special assessments of the

Tribe.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-7.07 Levy and Sales - Exemption of Properties

All property including funds acquired or held by the Authority pursuant to this ordinance shall be exempt

from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against

the same nor shall any judgment against the Authority be a charge or lien upon such property. However,

the provisions of this section shall not apply to or limit the right of obligees or any party to whom a pledge

of assets or receipts has been given pursuant to subsection 5.05(m) to pursue any remedies for the

enforcement of any pledge or lien given by the Authority on its rents, fees or revenues or the right of the

federal government to pursue any remedies conferred upon it pursuant to the provisions of this ordinance

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or the right of the Authority to bring eviction actions in accordance with subsection 5.05(s).

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-8 Cooperation in Connection with Projects

47-8.01 Cooperation in Connection with Projects

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of

projects, the Tribe hereby agrees that:

(a)

It will not levy or impose any real or personal property 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 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 Tribe as are reasonable and necessary to promote economy and efficiency in

the development and operation of any project, and at the same time safeguard health and safety,

and make such changes in any zoning of the site and surrounding territory of any project as are

reasonable and necessary for the development of such project, and the surrounding territory.

(d)

It will do any and all things, within its lawful powers, necessary or convenient, to aid and cooperate

in the planning, undertaking, construction or operation of projects.

(e)

The Tribal government hereby declares that the powers of the Tribal Government, including the

powers of the Spokane Tribal Court and the Spokane Tribal Police under the direction of the Tribal

Court, shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or

other contract or leasehold mortgage violations.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-9 Tribally Designated Housing Entity

47-9.01 Designation as Tribally Designated Housing Entity

Pursuant to subparagraph 21(B) of section 4 of the Native American Housing and Self-Determination Act

of 1996, 25 U.S.C. 4103(21)(B), the Spokane Tribe, acting through its Tribal Council, designates the

Spokane Indian Housing Authority as the Tribally Designated Housing Entity (TDHE) for the Spokane Tribe.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

47-9.02 Delegation re Submittal of Indian Housing Plan

The Spokane Tribe, acting through its Tribal Council, delegates to the Spokane Indian Housing Authority,

authority to submit any Indian Housing Plan (IHP), or amendment thereto, pursuant to the provisions of

the Native American Housing and Self-Determination Act of 1996, on behalf of the Tribe without prior

review by the Tribe.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

Section 47-10 Savings Clause, Severability, Pending Actions

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47-10.01 Savings Clause, Severability, Pending Actions

If any paragraph, subparagraph, clause or sentence of phrase of this ordinance or regulations adopted

pursuant to this ordinance shall be declared invalid, or declared invalid as applied to any person or

circumstance, such decision shall not affect the validity of the remaining portions of the ordinance, and

those remaining portions shall remain in full force and effect and to this end, provisions of this ordinance

and any regulations adopted hereunder are declared severable. Any action pending at the date of the

amendment of this ordinance shall not be affected by amendment of this ordinance, and the action shall

proceed pursuant to prior provisions of the Law and Order Code of the Spokane Tribe or regulations enacted

pursuant thereto.

Legislative History: Enacted: 05/25/04, Resolu. 2004-290.

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