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Last amended: 1999
§13.01: STATEMENT OF POLICY.
Pursuant to the authority vested in the Confederated Tribes of Siletz Indians of Oregon by its Constitution, and particularly by Article IV, Section 1 thereof, and its authority to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Confederated Tribes of Siletz Indians hereby establishes a public body known as the Siletz Indian Housing Authority (hereinafter referred to as the Authority), and enacts this ordinance which shall establish the purposes, powers and duties of the Authority. The authority shall be an instrumentality of the Siletz Tribe.
In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of the ordinance, duly certified by the Secretary of the Tribal Council, shall be admissible in evidence in any suit, action or proceeding.
§13.02: DECLARATION OF NEED
It is hereby declared:
(a) That there exists with the members of the Siletz Tribe, unsanitary, unsafe, and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortages force such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.
(b) That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety and morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;
(c) That the shortage of decent, safe and sanitary dwelling accommodations for persons of low income cannot be relieved through the operation of private enterprises;
(d) That the providing of decent, safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which money may be spent and private property acquired and are governmental functions of Tribal concern;
(e) That residential construction activity and supply of acceptable housing are important factors to general economic activity, and that 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.
§13.03: 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 and morals;
(b) Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; and
(c) Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.
§13.04: 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) "Area of Operation" means all areas within the jurisdiction of the tribe.
(b) "Council" means the duly elected Tribal Council of the Confederated Tribes of Siletz Indians of Oregon.
(c) "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
(d) "Homebuyer" means a person(s) who has executed a lease purchase agreement with the Authority, and who has not yet achieved homeownership.
(e) "Housing project" or "project" means any work or undertaking to provide or assist in providing (by any suitable method, including but not limited to: Rental, sale of individual units in single or multifamily structures under conventional condominium, or cooperative sales contracts or lease-purchase agreements; loans; or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments, or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare, or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.
(f) "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance.
(g) "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.
(h) "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.
(a)
(1)
(A) The affairs of the Authority shall be managed by a Board of Commissioners composed of seven (7) persons. For purposes of this ordinance, the seven (7) Commissioners authorized by this ordinance shall be designated as Positions 1 through 7.
(B) Commissioners 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 as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a tenant or Homebuyer), or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations or status as a tenant or Homebuyer.
(2) The term of office shall be four years, and Commissioner's terms shall be staggered. For purposes of establishing such staggered terms, the four year term of Positions 1 and 2 shall expire in 1995; the term of Positions 3 and 4 shall expire in 1994; the term of Positions 5 and 6 shall expire in 1993; and the term of Position 7 shall expire in 1992. Thereafter, all appointments shall be for four years, except that in the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Board shall hold office until his or her successor has been appointed and has qualified.
(3) The Council shall name one Commissioner as Chairman of the Board. The Board shall elect from its members a Vice-Chairman, a Secretary, a Treasurer, and any member may hold two of these positions. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and Vice-Chairman, the Secretary shall preside.
(4) A member of the Board may be removed by the Council for serious inefficiency, neglect of duty or 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 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 on his behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon, shall be filed with the Council and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.
(5) 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.
(6) A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board actions shall be taken by a vote of less than a majority of such full Board.
(7) The Secretary shall keep full and accurate records of all meetings and actions taken by the Board.
(8) The Treasurer shall keep full and accurate financial records, and make periodic reports to the Board, and submit a complete annual report, in written form, to the Council as required by § 13.08 (a) of this ordinance.
(b) Meetings of the Board, both regular and special meetings, shall be held as provided in the bylaws.
(a) The Authority shall have perpetual succession in its corporate name.
(b) The Council hereby gives its irrevocable consent to allowing the Authority to sue and be sued in its corporate name upon any contract, claim or obligation arising out of its activities under this ordinance and hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribe shall not be liable for the debts or obligations of the Authority. Nothing in this Ordinance shall be construed as a waiver of the sovereign immunity of the Confederated Tribes of Siletz Indians of Oregon.
(c) The Authority shall have the following powers which it may exercise consistent with the purposes for which it is established:
(1) To adopt and use a corporate seal.
(2) To enter into agreements, contracts and understandings with any governmental agency, Federal, State or local (including the Council) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance.
(3) To agree, notwithstanding anything to the contrary contained in this ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries, wages or payment compliance with labor standards, in the development or operation of projects; 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 maximum hours or labor, and comply with any conditions which the Federal government may have attached to its financial aid to the project.
(4) To obligate itself, in any contract with the Federal Government for annual contributions to the Authority, to convey to the Federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject; and such contract may provide that in case of such conveyance, the Federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract: Provided, that the contract requires that, as soon as practicable after the Federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal government shall reconvey to the Authority the project as then constituted.
(5) To lease property from the Tribe and others for such periods as authorized by law, and to hold, manage or sublease the same.
(6) To borrow or lend money, to issue temporary or long term evidence of indebtedness and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of §13.07 of this ordinance.
(7) To pledge assets and receipts of the Authority as security for debts and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.
(8) To purchase land or interest in land or take the same as a gift; to lease land or interests in land to the extent provided by law.
(9) To undertake and carry out studies and analyses of housing needs, to prepare housing needs, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof.
(10) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual, cooperative or condominium units): To lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments; to make rules and regulations concerning the selection of tenants or Homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make sure further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this ordinance.
(11) To finance home purchases by eligible homebuyers in accordance with regulations and requirements of the Department of Housing and Urban Development.
(12) To terminate any lease or rental agreement or lease-purchase agreement when a tenant or Homebuyer has violated the terms of such agreement or has failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement and, to bring action for eviction against such tenant or Homebuyer.
(13) To establish income limits for admission that insure that dwelling accommodations in a housing project shall be made-available only to persons of low income.
(14) To purchase insurance from any stock or mutual company for any property against any risk or hazards.
(15) To invest such funds as are not required for immediate disbursement.
(16) To establish and maintain such bank accounts as may be necessary or convenient.
(17) To employ an executive director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority...
[Digitizer's Note: Text may be missing here.]
...from the Federal government in aid of such project;
(b) exclusively from the income and revenues of certain designated projects, whether or not financed in whole or in part with the proceeds of such obligations; or
(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.
2. Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.
3. 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.
4. Obligations of the Authority must be issued for an essential public or governmental purpose and 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 (a) the Authority and the Tribe, and (b) the holders of obligations and each of them, including all transferees of the obligations from time to time.
5. Obligations shall be issued and sold in the following manner:
(a) Obligations of the Authority shall be authorized by a resolution adopted by a 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....
Siletz Indian Housing Authority, Ordinance Number 85-02
Adopted per Resolution Number 85-187, May 18, 1985
Amended per Resolution Number 85-332, Aug. 10, 1985
...§13.07: OBLIGATIONS
(a) The Authority may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The Authority may issue such types of obligations as it may determine, including obligations on which principal and interest are payable:
(1) Exclusively from income and revenues of the project financed with the proceeds of such obligations, or with such income and revenues together with a grant from the Federal government in aid of such project;
(2) exclusively from the income and revenues of certain designated projects, whether or not financed in whole or in part with the proceeds of such obligations; or
(3) from its revenues generally.
Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Authority.
(b) Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.
(c) 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.
(d) Obligations of the Authority must be issued for an essential public or governmental purpose and be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without necessity of being restated in the obligations, a contract between
(1) the Authority and the Tribe, and
(2) the holders of obligations and each of them, including all transferees of the obligations from time to time.
(e) Obligations shall be issued and sold in the following manner:
(1) Obligations of the Authority shall be authorized by a resolution adopted by a vote of a majority of the full Board and may be issued in one or more series.
(2) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, and be subject to such terms of redemption, with or without premium, as such resolution may provide.
(3) The obligations may be sold at public or private sale at not less than par.
(4) 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.
(f) 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.
(g) In connection with the issuance of obligations, or incurring obligations under leases, and to secure the payment of such obligations, the Authority, subject to the limitations in this ordinance, may:
(1) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
(2) 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.
(3) Covenant against pledging all or any part of its rents, fees and revenues or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien to be placed on such revenues or property.
(4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof.
(5) Covenant as to the obligations to be issued and as to issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.
(6) Provide for the replacement of lost, destroyed or mutilated obligations.
(7) Covenant against extending the time for the payment of its obligations or interest thereon.
(8) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof
(9) Covenant concerning rents and fees to be charged in the operation of a project or project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and the use and disposition to be made thereof.
(10) 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.
(11) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given.
(12) 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.
(13) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.
(14) 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.
(15) 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.
(16) Exercise all or any part or combination of the powers granted in this section.
(17) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.
(18) Make any covenant and do any acts and things necessary or convenient or desirable in order to secure its obligations,or in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.
§13.08: MISCELLANEOUS
(a) The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council showing the following:
(1) a summary of the year's activities;
(2) the financial condition of the Authority;
(3) the condition of the properties;
(4) the number of units and vacancies;
(5) any significant problems and accomplishments;
(6) plans for the future; and
(7) such information as the Authority or the Council shall deem pertinent.
(b) 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 discloses his interest in writing to the Authority and such disclosure is entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. If any commissioner, officer or employee of the Authority involuntarily acquires any such interest during his or her tenure as a Commissioner, officer or employee of the Authority, 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 shall constitute misconduct in office. This section shall not apply 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 acts 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 Article VI, Section 1(a)(4).
(c) Each project developed or operated under a contract providing for Federal financial assistance shall be developed and operated in compliance with all requirements of such contracts and applicable Federal legislation, and with all regulations and requirements prescribed from time to time by the Federal government in connection with such assistance.
(d) The Authority shall obtain or provide for the obtaining of adequate fidelity bonds for persons handling cash, or for persons authorized to sign checks or certify vouchers.
(e) The Authority shall not construct or operate any project for profit.
(f) 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.
(g) 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 deemed to be a charge or lien upon such property. However, this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues or the right of the Federal government to pursue any remedies conferred upon it pursuant to the provisions of this ordinance or the right of the Authority to bring eviction actions in accordance with §13.06(c)(12).
§13.09: COOPERATION IN CONNECTION WITH PROJECTS
(a) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribe hereby agrees that:
(1) It will not levy or impose any real or personal property taxes or special assessments upon the Authority or any project of the Authority.
(2) It will furnish or cause to be furnished to the Authority and the occupants of projects all services and facilities of the same character and to the same extent as the Tribe furnishes from time to time without costs or charge to other dwellings and inhabitants.
(3) Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Tribe as are reasonable and necessary to promote economy and efficiency in the development and operation of any project, and at the same time safeguard health and safety, and make such changes in 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.
(4) It will do any and all things, within its lawful powers, necessary or convenient to aid and cooperate in the planning, undertaking , construction or operation of projects.
(5) The Tribal Government hereby declares that the powers of the Tribal Government shall be vigorously utilized to enforce eviction of a tenant or Homebuyer for nonpayment or other contract violations, including action through the appropriate courts.
(6) The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or Homebuyer. The Tribal Government hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or Home buyer for nonpayment or other contract violations.
(b) The provisions of this Article shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed or modified without the consent of the Department of Housing and Urban Development so long as:
(1) the project is owned by a public body or governmental agency and is used for low income housing purposes;
(2) any contract between the Authority and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such project, remains in force and effect; or
(3) any obligations issued in connection with such project or any monies due to Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest.
If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing, including the federal government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency.
§13.10: APPROVAL BY SECRETARY OF THE INTERIOR
With respect to any financial assistance contract between the Authority and the Federal government, the Authority shall obtain the approval of the Secretary of the Interior or his designee.
CERTIFICATION
The foregoing ordinance was adopted by the Siletz Tribal Council at a Regular Council Meeting held on August 10, 1985, at which a quorum was present, and the ordinance was adopted by a vote of 8 FOR, 0 AGAINST and 0 ABSTAINING.
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SILETZ TRIBAL COUNCIL By |
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| ATTEST: | ||
Mary Alice Muncey Tribal Council Secretary |
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| Adopted 5/18/85 by Resolution No. 85-187 |
Amended 8/10/85 |
BE IT RESOLVED BY Commissioners of the Siletz Indian Housing Authority as follows
That the following By-Laws be, and they are hereby adopted and approved as and for the By-laws of the Siletz Indian Housing Authority (SIHA), with the amended parts being Article II Section 3, 8 and 9.
Article I - THE AUTHORITY
Section 1. Name of the Authority. The name of the Authority shall be "Siletz Indian Housing Authority".
Section 2. Seal of Authority. The seal of the Authority shall bear the
name of the SIHA and the year of its organization.
Section 3. Office of the Authority. The office of the SIHA shall be at
such place as the SIHA may from time to time designate by resolution.
Article II - OFFICERS
Section 1. Officers. The officers of the SIHA shall be a ;Chairman, Vice-Chairman, a Secretary, and a Treasurer.
Section 2. Chairman. The Chairman shall preside at all meetings of the
Board of Commissioners (herein called "Board"). Except as otherwise authorized
by resolution of the Board, the Chairman shall sign all contracts, deeds and
other instruments made by the SIHA. At each meeting, the Chairman shall submit
recommendations and information as he may consider proper concerning the business,
and policies of the SIHA.
Section 3. Vice-Chairman shall perform the duties of the Chairman in
the absence or incapacity of the Chairman; and, in the case of the resignation
or death of the Chairman, the Vice-Chairman shall perform the Chairman's duties
until such time as a new Chairman is elected by the membership of the Board.
Section 4. Secretary. The Secretary shall keep records of the SIHA, shall
act as Secretary of the meetings of the Board to include recording all votes,
shall keep a record of the proceedings of the Board in a Journal of Proceedings,
and shall perform all duties incident to his office. He shall keep in a safe
custody the Seal of the SIHA, and shall have power to affix the Seal to all
contracts wand instruments authorized to be executed by the Board. In the absence
of both the Chairman and the Vice-Chairman, the Secretary preside.
Section 5. Treasurer. The Treasurer shall have the care and custody of
all funds of the SIHA in deposit, the same in the name of the SIHA in such depository
as the Board may select. He shall sign all orders and checks shall be countersigned
by the Chairman. The Treasurer shall keep a regular Book of Accounts showing
receipts and expenditures, and shall render to the Board, at each regular meeting
(or more often when requested), an account of his transactions and also of the
financial condition of the SIHA. He shall submit a complete annual report in
written form.
Section 6. Executive Director. The Executive Director of the SIHA shall
be appointed by the Board. Subject to the direction of the Board, he shall have
general supervision over the administration
of the business and affairs of the SIHA, and shall be charged with the management
of its housing project.
Section 7. Additional Duties. The offices of the SIHA shall perform such
other duties and functions as may from time to time be required by the Board
or the By-Laws or rules and regulations of the SIHA.
Section 8. Election. The Vice-Chairman, Secretary and Treasurer shall
be elected at the annual meeting of the Board from among the Commissioners and
shall hold office for one Year or until their successors are elected and qualified.
The Chairman shall hold office for the length of his term at which time he may
be re-elected or a new Chairman elected by the membership of the Board.
Section 9. Vacancies. Should the offices of the Chairman, Vice-Chairman,
Secretary or Treasurer become vacant, the Board shall elect a successor from
its membership at the next meeting following a new appointment by Tribal Council,
and such election shall be for the unexpired term of office.
Section 10. Additional Personnel. The SIHA may from time to time employ
such personnel as it deems necessary to carry out its powers, duties and functions
as prescribed by law. The selection and compensation of such personnel (including
the Executive Director) shall be determined by the Board.
Article III - MEETINGS
Section 1. Annual Meeting. The annual meeting of the Board shall be held on the first Saturday of February at the regular meeting place of the Board, which shall be designated by resolution.
Section 2. Regular Meetings. Monthly meetings shall be held on the first
Thursday of every month at the regular meeting place of the Board. Regular meetings
may be held without notice.
Section 3. Emergency Meetings. The Chairman of the Board may, when he deems
it expedient, and shall, upon written request of two members of the Board call
an emergency meeting of the Board for the purpose of transacting any business,
designated in the call. Actual notice must be given to each member of the Board
at least 24 hours prior to the time, of such emergency meeting. At such emergency
meeting, no business shall be considered other than as designated in the call,
and no action maybe taken without the concurrence of three Commissioners; but
if all of the members of the Board are present at an emergency meeting, any
business may be transacted at such meeting.
Section 4. Quorum. The powers of the SIHA shall be vested in the Commissioners
thereof in office from time to time. Three shall constitute a quorum for the
purpose of conducting its business and exercising its powers and all other purposes,
but a smaller number may adjourn from time to time until a quorum is obtained.
When a quorum is in attendance, action may be taken by the SIHA upon a vote
of no less than a majority of the full Board except with respect to emergency
meetings as provided in Section 3 of this Article, and with respect to the adoption
of bond resolutions, which require adoption by the vote of an absolute Majority
of the Board.
Section 5. Order of Business. At the regular meetings of the SIHA, the
following shall be the order of business:
1. Roll Call.
2. Reading and approval of the Minutes of the previous meeting.
3. Bills and Communications.
4. Reports of the Secretary.
5. Reports of the Treasurer.
6. Reports of the Committees.
7. Unfinished business.
8. New business.
9. Adjournment.
All resolutions shall be in writing and shall be copied in a journal of the proceedings of the SIHA.
Section 6. Manner of Voting. The voting on all questions coming before the
Board shall be by roll call, and the yeas and nays shall be entered upon the
minutes of such meetings, except in the case of elections, when the vote may
be by ballot.
Article IV - AMENDMENTS
Section 1. Amendments to By-Laws. The By-Laws of the SIHA shall be amended only with the approval of at least three Commissioners at any Board meeting provided that at least seven days written notice thereof has been previously given to all Commissioners.
CERTIFICATION
I certify that the above resolution was adopted at a regular meeting of the Siletz Indian Housing Authority held on May 22, 1986 at which time a quorum was present, and was passed by a vote of 4 FOR, 0 AGAINST and 0 ABSTAINING.
/s/
Phil Rilatos
Secretary/Treasurer