WHITE MOUNTAIN APACHE


HOUSING AND CONSTRUCTION CODE


WHITE MOUNTAIN APACHE

HOUSING & CONSTRUCTION CODE



TABLE OF CONTENTS



CHAPTER ONE

UNIFORM BUILDING CODE

 

SECTION 1.1                      POLICY

SECTION 1.2                      ADOPTION OF UNIFORM BUILDING CODE

SECTION 1.3                      EFFECTIVE AREAS

SECTION 1.4                      CONTRACTS

CHAPTER TWO

UNIFORM PLUMBING CODE

SECTION 2.1                      POLICY

SECTION 2.2                     ADOPTION OF UNIFORM PLUMBING CODE

SECTION 2.3                      EFFECTIVE AREAS

SECTION 2.4                      CONTRACTS


CHAPTER THREE

UNIFORM HOUSING CODE

SECTION 3.1                      POLICY

SECTION 3.2                      ADOPTION OF UNIFORM HOUSING CODE

SECTION 3.3                     EFFECTIVE AREAS

SECTION 3.4                     CONTRACTS


CHAPTER FOUR

UNIFORM ELECTRICAL CODE

SECTION 4.1                      POLICY

SECTION 4.2                     ADOPTION OF UNIFORM ELECTRICAL CODE

SECTION 4.3                      EFFECTIVE AREAS

SECTION 4.4                      CONTRACTS

SECTION 4.5                      VIOLATION; PENALTY

 

CHAPTER FIVE

FIRE PREVENTION CODE

SECTION 5.1                      POLICY

SECTION 5.2                      ADOPTION OF FIRE PREVENTION CODE

SECTION 5.3                      EFFECTIVE AREAS

SECTION 5.4                      CONTRACTS


CHAPTER SIX

HOUSING AUTHORITY


SECTION 6.1                    HISTORY; EFFECTIVE DATES

SECTION 6.2                  CONSTITUTIONAL AUTHORITY

SECTION 6.3                  AUTHORIZATION OF HOUSING AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS; PROOF

SECTION 6.4                  DECLARATION OF NEED

SECTION 6.5                 PURPOSES

SECTION 6.6                  DEFINITIONS

SECTION 6.7                 BOARD OF COMMISSIONERS

SECTION 6.8                  POWERS; WAIVER OF IMMUNITY; CONSENT TO SUE AND BE SUED; TRIBAL COURT JURISDICTION

SECTION 6.9                  OBLIGATIONS

SECTION 6.10             MISCELLANEOUS

SECTION 6.11               COOPERATION IN CONNECTION WITH PROJECTS

SECTION 6.12               APPROVAL BY SECRETARY OF INTERIOR

 

CHAPTER SEVEN

RESIDENTIAL LEASES

SECTION 7.1                  RESIDENTIAL LEASE FORM FOR TRIBAL MEMBER

SECTION 7.2                  RESIDENTIAL LEASE FORM FOR VETERAN'S ADMINISTRATION

SECTION 7.3                  RESIDENTIAL LEASE FORM FOR FARMER'S HOME ADMINISTRATION LOAN HOMESITES

SECTION 7.4                  LIMITATION ON LEASED GROUND

SECTION 7.5                  LEASEHOLD MORTGAGES

 

CHAPTER EIGHT

WASTEWATER MANAGEMENT

SECTION 8.1                  PURPOSE

SECTION 8.2                  PROHIBITED WASTE DISCHARGES AND DISCHARGE OF RAINWATER

SECTION 8.3                  CONSTRUCTION AND INSPECTION OF NEW SEWERS AND CONNECTIONS

 

EXHIBIT A


SECTION 7.1                  EXHIBIT A - TRIBAL MEMBER LEASE FORM

SECTION 7.2                  EXHIBIT A - VETERANS ADMINISTRATION LEASE FORM

SECTION 7.5                  EXHIBIT A - FARMER'S HOME ADMINISTRATION LEASE FORM


WHITE MOUNTAIN APACHE


HOUSING AND CONSTRUCTION CODE

 

CHAPTER ONE

UNIFORM BUILDING CODE

[Historical Note: the Uniform Building code is derived from Ordinance No. 70, enacted march 2, 1966]

SECTION 1.1         POLICY

        A. The White Mountain Apache Tribe is endeavoring to provide adequate housing for its members through participation in various housing and loan programs.

        B. The Tribal Council considers it necessary to have a Uniform Housing Code in order to accomplish the above objectives.

        C. A Uniform Housing Code is considered necessary and in compliance with the reservation program and comprehensive neighborhood planning.

SECTION 1.2          ADOPTION OF UNIFORM BUILDING CODE

The Uniform Building Code, 1964 Edition, of the International Conference of Building Officials and any amendments thereto, a copy of which is on file in the office of the Superintendent, Fort Apache Agency, and the Chairman of the White Mountain Apache Tribe, is approved.

SECTION 1.3          EFFECTIVE AREAS

        The Uniform Building Code, 1964 Edition, shall be effective in certain areas to be designated by the Tribal Council

SECTION 1.4         CONTRACTS

        All future contracts, leases and agreements with persons not under the jurisdiction of the tribal court shall have incorporated therein an agreement to abide by this code.

CHAPTER TWO

UNIFORM PLUMBING CODE

        [Note: The Uniform Plumbing Code is derived from Ordinance No. 71, enacted March 2, 1966]

SECTION 2.1          POLICY

        A. The White Mountain Apache Tribe is endeavoring to provide adequate housing for its members through participation in various housing and loan programs.

        B. The Tribal Council considers it necessary to have a Uniform Plumbing Code in order to accomplish the above objectives.

        C. A Uniform Plumbing code is considered necessary and in compliance with the reservation program and comprehensive neighborhood planning.

SECTION 2.2          ADOPTION OF UNIFORM PLUMBING CODE

        The Uniform plumbing Code, 1964 Edition, of the Western Plumbing Officials Association, a copy of which is on file in the office of the Superintendent, Fort Apache Agency, and the Chairman of the White Mountain Apache Tribe, is approved.

SECTION 2.3          EFFECTIVE AREAS

        The Uniform Plumbing Code, 1964 Edition, shall be effective in certain areas to be designated by the Tribal Council.

SECTION 2.4          CONTRACTS

        All future contracts, leases and agreements with persons not under the jurisdiction of the tribal court shall have incorporated therein an agreement to abide by this code.


CHAPTER THREE

UNIFORM HOUSING CODE

        [Note: The Uniform Housing Code is derived from Ordinance No. 73, enacted March 2, 1966]

SECTION 3.1          POLICY

        A. The White Mountain Apache Tribe is endeavoring to provide adequate housing for its members through participation in various housing and loan programs.

        B. The Tribal Council considers it necessary to have a Uniform Housing Code in order to accomplish the above objectives.

        C. A Uniform Housing Code is considered necessary and in compliance with the reservation program and comprehensive neighborhood planning.

SECTION 3.2          ADOPTION OF UNIFORM HOUSING CODE

        The Uniform Housing Code, 1964 Edition, by the International conference of Building Officials, a copy of which is on file in the office of the Superintendent, Fort Apache Agency, and the Chairman of the White Mountain Apache Tribe is approved.

SECTION 3.3          EFFECTIVE AREAS

The Uniform Housing Code, 1964 Edition, shall be effective in certain areas to be designated by the Tribal Council.

SECTION 3.4           CONTRACTS

All future contracts, leases and agreements with persons not under the jurisdiction of the tribal court shall have incorporated therein an agreement to abide by this code.

CHAPTER FOUR

UNIFORM ELECTRICAL CODE

        [Note: The Uniform Electrical Code is derived from ordinance No. 76, enacted May 4, 1966]

SECTION 4.1          POLICY

        A. The White Mountain Apache Tribe is endeavoring to provide adequate housing for its members through participation in various housing and loan programs.

        B. The Tribal Council considers it necessary to have a uniform electrical code in order to accomplish the above objectives.

        C. A Uniform Electrical Code is considered necessary and in compliance with the reservation program and comprehensive neighborhood planning.

SECTION 4.2          ADOPTION OF UNIFORM ELECTRICAL CODE

        The National Electrical Code of 1965 of the National Fire Protection Association, a copy of which is on file in the office of the Superintendent, Fort Apache Agency, and the Chairman of the White Mountain Apache Tribe, is approved.

SECTION 4.3          EFFECTIVE AREAS

        The National Electrical Code of 1965 and amendments thereto shall be effective in certain areas on the reservation. Such areas to be designated by the Tribal Council.

SECTION 4.4          CONTRACTS

        All future contracts, leases and agreements with persons not under the jurisdiction of the tribal court shall have incorporated therein an agreement to abide by this code.

SECTION 4.5          VIOLATION; PENALTY

        Any person, firm, or corporation, under the jurisdiction of the Tribal Court, violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or both such fine and imprisonment.

CHAPTER FIVE

FIRE PREVENTION CODE

        [Note: The Fire Prevention Code is derived from Ordinance No. 77, enacted May 4, 1966]

SECTION 5.1          POLICY

        A. The White Mountain Apache Tribe is endeavoring to provide adequate housing for its members through participation in various housing and loan programs.

        B. The Tribal Council considers it necessary to have a Uniform Electrical Code in order to accomplish the above objectives.

        C. A Fire Prevention Code is considered necessary and in compliance with the reservation program and comprehensive neighborhood planning.

SECTION 5.2          ADOPTION OF FIRE PREVENTION CODE

        The Fire Prevention Code, 1965 Edition, of the American Insurance Association, a copy of which is on file in the office of the Superintendent, Fort Apache Agency, and the Chairman of the White Mountain Apache Tribe, is approved.

SECTION 5.3          EFFECTIVE AREAS

        The Fire Prevention Code, 1965 Edition, shall be effective in certain areas on the reservation. Such areas to be designated by the Tribal Council

SECTION 5.4          CONTRACTS

        All future contracts, leases and agreements with persons not under the jurisdiction of the tribal court shall have incorporated therein an agreement to abide by this code.

SECTION 5.5          VIOLATION; PENALTY

        Any person, firm, or corporation, under the jurisdiction of the Tribal Court, violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or both such fine and imprisonment.

CHAPTER SIX

HOUSING AUTHORITY

        [Note: Chapter Six is derived from Ordinance no. 102, enacted February 2, 1977, and Ordinance No. 134, amending Article V, Section 2 of Ordinance 102, enacted June 1, 1983]

SECTION 6.1          HISTORY; EFFECTIVE DATES

        A. The Tribal Council of the White Mountain Apache Tribe on the 16th day of January, 1963, adopted Ordinance no. 47, which established the White Mountain Apache Housing Authority. That Ordinance and any amendments to it if there be any, are hereinafter called the "Original Ordinance". The Council now finds that it is in the best interest of the Housing Authority to amend the Ordinance by passing this ordinance [hereinafter called "Amendatory Ordinance'] in order for the Authority to be able to meet certain requirements necessary to qualify for additional financial assistance from he Federal Government, acting by and through the Department of Housing and Urban Development. These requirements have been published as Part 805 of the Federal Register, Vol. 41, No. 47, dated March 9, 1976.

        B. The Council hereby determines that all actions taken by the Housing Authority and all rights and obligations of the Housing Authority which have been established as a result of the Housing Authority's powers derived from the original Ordinance are not to be invalidated by the adoption of this Amendatory Ordinance and that this Amendatory Ordinance shall be controlling as to future actions, rights and obligations of the Housing Authority beginning with the effective hour and date specified below.

        C. The council hereby determines that it is necessary to provide for the orderly transition of the Housing Authority's operations under the Original Ordinance to this Amendatory Ordinance in order that there be continuous uninterrupted authority for the actions of the Housing Authority. Therefore, this Ordinance is an emergency measure which is to become effective as of 10:01 a.m. on the 2nd day of February, 1977, and that all actions after that designated time shall be taken in accordance with, and pursuant to, the authority of this Amendatory Ordinance.

SECTION 6.2          CONSTITUTIONAL AUTHORITY

        Pursuant to the authority vested in the White Mountain Apache Tribe by its Constitution, and particularly by Article V., Section 1 (a) (i) (n) thereof, and its authority to provide for the health, safety, morals and welfare, the Council of the White Mountain Apache Tribe hereby establishes a public body known as the White Mountain Apache Housing Authority (hereinafter referred to as the Authority, and enacts this Chapter which shall establish the purposes, powers and duties of the Authority.

SECTION 6.3          AUTHORIZATION OF HOUSING AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS; PROOF

        In any suit, action or proceedings 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 Chapter. A copy of this Chapter duly certified by the Secretary of the Council shall be admissible in evidence in any suit, action or proceeding.

SECTION 6.4          DECLARATION OF NEED

        A. That there exist within the area of the jurisdiction of this Council unsanitary, unsafe and overcrowded dwelling accommodations; that there is a shortage of decent , safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.

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

        C. That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprise.

        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 concern to this Council;

        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 Chapter to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible or more stable and larger volume of residential construction and housing supply which will assist materially in achieving full employment.

        F. The necessity in a public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

SECTION 6.5          PURPOSES:

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

        A. Remedying unsafe and insanitary 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.

SECTION 6.6          DEFINITIONS

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

        A. "Area of Operation" means all areas within the jurisdiction of this Council.

        B. "Board" means the Board of Commissioners of the Authority.

        C. "Council" means the White Mountain Apache Tribal Council.

        D. "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise of the United States of America.

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

        F. "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 of 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 sued 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 Chapter.

        H. "Obligee" includes any holder of an obligation, agent or trustee for any holder of an obligation, or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal government when it is a party to any contract with the Authority in respect to a housing project.

        I. "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.

SECTION 6.7          BOARD OF COMMISSIONERS

        A. The Board.

(1) The affairs of the Authority shall be managed by a Board of Commissioners composed of five persons.

(2) 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.

(3) A commissioner may be a member or non-member of the Tribe, and may be a member of non-member of the Tribal Council.

(4) No person shall be barred from serving on the Board because he is a tenant or home buyer 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 home buyers, 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 home buyer).

B.         Term of Office: The term of office shall be four years and staggered. When the Board is first established, one member's term shall be designated to expire in one year, another to expire in two years, a third to expire in three years, and the last two in four years. 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 successor has been appointed and has qualified.

C.         Board Chairman: The Council shall name one of the Commissioners as Chairman of the Board. The Board shall elect from among its members a Vice-Chairman, Secretary, and 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 the Vice-Chairman, the Secretary shall preside.

D.         Removal of Board Member: A member of the Board may be removed by the appointing power for serious inefficiency or neglect of duty or for misconduct in office, but only after a hearing before the appointing power and only after the member has been given a written notice of the specific charges against him at least 10 days prior to the hearing. At any such hearings, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon, shall be filed with the appointing power and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.

E.         Compensation: The Commissioners shall not receive a compensation for their services but shall be entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties.

F.         Quorum: A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board action shall be taken by a vote of less than a majority of such full Board.

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

H.         Treasurer: The Treasurer shall keep full 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 7.10 of this Chapter.

I.         Meetings: Meetings of the Board shall be held at regular intervals as provided in the bylaws. 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.

SECTION 6.8         POWERS; WAIVER OF IMMUNITY; CONSENT TO SUE AND BE SUED; TRIBAL COURT JURISDICTION

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 Chapter and pursuant thereto, hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; provided, however, that the Tribe shall not be liable for the debts or obligations of the Authority. The White Mountain Apache Tribal Court shall have exclusive jurisdiction of any suit against the Housing Authority upon any contract, claim, or obligation arising out of its activities under this Chapter.

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 Chapter or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or compliance with labor standards, in the development or operation of projects and the Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the Federal government may have attached to its financial aid to the project.

(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 a title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject; and such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract: provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the Authority the project as then constituted.

(5) To lease property from the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.

(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 Section 7.9 of this Chapter.

(7) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.

(8) To purchase land or interests in land or take the same by gift; to lease land or interest in land to the extent provided by law.

(9) To undertake and carry out studies and analysis of housing needs, to prepare housing plans, to execute the same, to operate projects and to provide for the construction, reconstruction, improvements, 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 home buyers, including the establishment or priorities, and concerning the occupancy, rental, care and management of housing units; and to make such further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this Chapter.

(11) To finance purchase of a home by an eligible home buyer 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 the tenant or home buyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such tenant or home buyer.

(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 or 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 officials and employees, permanent or temporary, as the Authority may require; and to delegate to such officers and employees such powers or duties as the Board shall deem proper.

(18) 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.

(19) To join or cooperate with any other public housing agency or agencies operating under the laws or ordinance of a state or another tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purpose of financing (including but not limited to the issuance of notes or planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies. For such purpose, the Authority may by resolution prescribe and authorize any other public housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority's behalf with respect to any or all powers, as the Authority's agent or otherwise, in the name of the Authority or in the name of such agency or agencies.

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

D.         It is the purpose and intent of this Chapter to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Authority.

F.         No ordinance 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 Chapter.

SECTION 6.9          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 the principal and interest are payable: (1) exclusively from the income and revenues of the project financed with the proceeds of such obligations, or with such income or revenues together with a grant from the federal government in aid of such project; (2) exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or (3) from its revenues generally. 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 for the obligations by reason of issuance thereof.

C.         The notes and other obligations of the Authority shall not be the debt of the Tribe and the obligations shall so state on their face.

D.         Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this Chapter shall be construed part of the security for the repayment of obligations and shall constitute, by virtue of this Chapter and without necessity of being restated in the obligations, a contract between (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 the 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 obligations of the Authority or the security thereof, any such obligation reciting in substance that it has been issued by the authority to aid in financing a project pursuant to this Chapter shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this Chapter.

G.         In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Authority, subject to the limitations of this Chapter, may:

(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 covenants or rights securing or relating to the obligations.

(3) 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.

(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 what other or additional debts or obligations may be incurred by it.

(6) 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.

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

(8) Covenant against extending the time for the payment of its obligations or interest thereon.

(9) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.

(10) 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.

(11) 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.

(12) 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.

(13) 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.

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

(15) 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.

(16) 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.

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

(18) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.

(19) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.

SECTION 6.10          MISCELLANEOUS

A.         The Authority shall submit an annual report, signed by the chairman of the board, to the Council showing: (1) a summary of the year's activities, (2) the financial condition of the properties, (3) the number of units and vacancies, (4) any significant problems and accomplishments, (5) plans for the future, and (6) such other information as the Authority or the Council shall deem pertinent.

B.         During his tenure and for one year thereafter, no commissioner, officer or employee of the Authority, or any member of any governing body of the Tribe, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project, unless prior to such acquisition, he discloses his interest in writing to the Authority and such disclosure is entered upon the minutes of the Authority, and the commissioners, officer or employee shall not participate in any action by 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 of employee, in any such event, shall immediately disclose his interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. 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 6.7A(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 contract and applicable federal legislation, and with all regulations and requirements prescribed from time to time by the federal government in connection with such assistance.

D.         The Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents, or employees handing cash or 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 Chapter shall be exempt from levy and sale by virtue of an execution, and not execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues or the right of the federal government to pursue any remedies conferred upon it pursuant to the provisions of this Chapter or the right of the Authority to bring eviction actions in accordance with Section 6.8 C(12).

SECTION 6.11          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:

(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.

(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 cost 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 buildings 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 projects as are reasonable and necessary for the development and protection 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 home buyer for nonpayment or other contract violations including action through the appropriate courts.

(6) The White Mountain Apache Tribal Court shall have jurisdiction to hear and determine an action for eviction of a tenant or home buyer. the tribal Government hereby declares that the powers of said Court shall be vigorously utilized and the Tribal government will cooperate to the fullest extent possible to enforce eviction of a tenant or home buyer of non payment or other contract violations.

B.         The provisions of this Sections 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 for annual contributions, or both, in connection with such project, remains in force and effect, or (3) any obligations issued in connection with such project for any monies due to the 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 insure to the benefit of and be enforced by such public body or governmental agency.

SECTION 6.12          APPROVAL BY SECRETARY OF INTERIOR

        With respect to any financial assistance contract between the Authority and the federal government, the Authority shall obtain the approval of the Secretary of the Interior or his designee.

CHAPTER SEVEN

RESIDENTIAL LEASES

        [Note: Chapter Seven is derived from Ordinance No. 44, enacted December 7, 1961; Ordinance No. 75, enacted April 14, 1966; Ordinance No. 91, enacted May 3, 1972; Ordinance No. 189 enacted June 1, 1994; and Ordinance No. 199 enacted November 21, 1995]

SECTION 7.1          RESIDENTIAL LEASE FORM FOR TRIBAL MEMBERS

A.         The attached lease form marked Exhibit A is approves as the lease form for all areas or lots to be leased on the Fort Apache Indian Reservation to members of the White Mountain Apache Tribe.

B.         This lease form may be hereafter altered by resolution of the Tribal Council and approval of same by the Secretary of the interior or his duly authorized representative.

SECTION 7.2 RESIDENTIAL LEASE FORM FOR VETERAN'S ADMINISTRATION

        [Note: Section 7.2 is amended by Ordinance No. 189, enacted June 1, 1994]

A.         Statement of Policy: The Secretary of Veterans Affairs is authorized under the provisions of Title 38 U.S. Code 372 et seq. to establish a program of direct loans for Native American veterans living on trust lands. The Department of Veterans Affairs will make direct loans available to qualified Native American veterans for the purchase of homes on trust lands to the extent funds are available and provided that the Tribe has established standards and procedures that apply to the conveyance of a leasehold interest in real property by a Tribal member veteran borrower to the VA as security for said loans through an approved lease form.

B.         The attached residential lease form marked "Exhibit A" is hereby approved by the White Mountain Apache Tribe to be used when individual Tribal Members acquire VA secured loans.

SECTION 7.3          RESIDENTIAL LEASE FORM FOR FARMER'S HOME ADMINISTRATION LOAN HOMESITES

A.         The attached Residential Lease Form marked "Exhibit A" and by reference made a part of this Chapter is hereby approved by the White Mountain Apache Tribe.

B.         The form shall be used only when the individual tribal member has applied for a loan from the Farmer's Home Administration.

SECTION 7.4          LIMITATION ON LEASED GROUND

A.         The ground to be leased to individual Indians shall not exceed one acre.

B.         The Tribe can lease said ground to said housing authority for as long a period as the law allows.

SECTION 7.5 LEASEHOLD MORTGAGES

        [HISTORICAL NOTE: SECTION 7.5 A. was amended by Ordinance No. 210, enacted September 11, 1997]

A.         PURPOSE

        The purpose of this Chapter of the Housing and Construction Code is to avail the White Mountain Apache Tribe and its members of financing for the construction and/or purchase of family residences on trust land within the jurisdiction of the Fort Apache Indian Reservation by prescribing procedures for the recording, priority and foreclosure of leasehold mortgages including but not limited to, mortgages given to secure loans guaranteed by the Department of Veterans Affairs under the Native American Veteran Direct Loan Program authorized under Title 38 U.S. Code 3761 et. seq. (hereinafter VA), Farmers Home Administration (hereinafter FHA), the Federal National Mortgage Association ( FNMA) and Section 184 Indian Housing Loan Guarantee Program pursuant to Section 184 of the Housing and Community Development Act, P.L. 102-550 (hereinafter HUD), or other lender approved by Tribal Council resolution, provided that under no circumstances, including default and forfeiture, shall a non-member of the Tribe be permitted to become a lessee or otherwise hold a leasehold interest within the Fort Apache Indian Reservation.

B.         DEFINITIONS

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

        (2) Leasehold Mortgage shall mean any mortgage of a lease of trust property given to secure loans and shall include loans guaranteed by VA, FHA, FNMA and HUD.

        (3) Leasehold Mortgage Foreclosure Proceeding shall mean a proceeding in the Tribal Court:

(a) To foreclose the interest of the Mortgagor(s), and each person or entity claiming through the Mortgagor(s).

(b) To assign such Lease to the Lender and/or Secretary or the Secretary's assignee.

        (4) Lender shall mean the Tribe, the White Mountain Apache Tribe - Revolving Credit Program, any financial institution, the federal government or any other corporation, entity or person that is a mortgagee as defined in this Chapter.

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

        (6) Mortgagor shall mean the Tribe or any Native American(s) who has executed a Leasehold Mortgage as defined in this document, or any heir(s), successor(s), executor(s), administrator(s) or assign(s) of the Tribe or such Native American(s).

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

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

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

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

        (9) Secretary shall mean the Secretary of the United States Department of Veterans Affairs or designee, and the Secretary of the Department of Housing and Urban Development or designee, and the Secretary of Agriculture or designee.

        (10) Subordinate Lienholder shall mean the holder of any lien, including a subsequent mortgage, perfected subsequent to the recording of a Leasehold Mortgage under this document (except the Tribe with respect to a claim for a tribal leasehold tax).

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

        (12) Tribal Court shall mean the Tribal Court as established by the laws of this Tribe or such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

        (13) Tribal Recording Clerk shall mean the person designated by the Tribe to perform the recording functions required by this document or any deputy or designee of such person.

        (14) Tribe shall refer to the White Mountain Apache Tribe as defined in the Tribal Constitution.

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

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

        (17) Writ of Restitution is an order to the Tribal Court:

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

(b) Evicting a tenant or other occupant therefrom.

C.         PRIORITY

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

D.         RECORDING

        (1) The Tribal Recording Clerk shall maintain in the Tribal Court a system for the recording of Leasehold Mortgages and such other documents as the Tribe may designate by law or resolution.

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

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

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

(c) The name of the Tribal Recording Clerk receiving the Leasehold Mortgage or document.

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

White Mountain Apache Tribe                                                      )

                                                                                                    ) ss.

Fort Apache Indian Reservation                                                      )

I certify that this is a true and correct copy of a document received for recording this date.


Given under my hand and seal this ______day of___________ 19

(SEAL)

 

_______________________________________

(Signature)

_______________________________________

(Title)


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

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

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

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

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

(d) The date and time of receipt;

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

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

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

E.           LEASEHOLD MORTGAGE FORECLOSURE PROCEEDINGS

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

        (1) A verified complaint:

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

(b) Describing the property;

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

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

        (e) In loans guaranteed by VA, FHA, FNMA and HUD, an allegation that all relevant requirements and conditions prescribed in: (i) Title 38 U.S. Code 3761 et. seq. and Section 184 of the Indian Housing Loan Guarantee Program; (ii) the regulations promulgated thereunder by the Secretary; and (iii) the provisions of the Lease, have been complied with by the Secretary.

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

F.            SERVICE OF PROCESS AND PROCEDURES

        The laws of the Tribe governing service of process and all other matters relating to the conduct of Tribal Court proceedings shall apply to any Leasehold Mortgage Foreclosure Proceeding pursuant to this document.

G.         CURE OF DEFAULT BY SUBORDINATE LIENHOLDER

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

H.         POWERS OF THE TRIBAL COURT

        If the alleged default(s) have not been cured, and if the Tribal Court should find for the Lender or Secretary, the Tribal Court shall enter judgment:

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

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

EVICTION PROCEDURES

I.         JURISDICTION

        The provisions of this section shall apply to all persons and property subject to the governing authority of the Tribe as established by the Tribal Constitution.

J.        DEFINITIONS

        The definitions provided in the section on Leasehold Mortgages applies to this section as well.

K.         UNLAWFUL DETENTION

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

        (1) Without the requirement of any notice:

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

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

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

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

(a) when such person has received notice-

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

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

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

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

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

L.         PROCEDURES FOR SERVICE OF NOTICE

        Notices required or authorized in the immediately preceding section shall be given in writing by either:

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

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

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

M.         COMPLAINT AND SUMMONS

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

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

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

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

(c) Any claim for damages or compensation due from the persons to be evicted.

        (2) A summons issued as in other cases requiring the defendants to appear for trial upon the complaint on a date and time specified in the summons. The trial date specified in the summons shall be not less than 6 nor more than 30 days from the date of service of the summons and complaint. The summons must notify the defendants that judgment will be taken against them in accordance with the terms of the complaint unless they file with the court an answer and appear for trial at the time, date and place specified in the summons.

N.         SERVICE OF SUMMONS AND COMPLAINT

        A copy of the summons and complaint shall be served upon the defendants in the manner provided by the Tribal Court rules for service of process in civil matters. In the absence of such Tribal Court rules, the summons and complaint shall be served by one of the two methods authorized in the section on procedures for service of notice, above.

O.         POWER OF THE TRIBAL COURT

        The Tribal Court shall enter a Writ of Restitution if:

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

        (2) The Tribal Court shall find that the occupier of the real property is guilty of an act of unlawful detainer.

        Upon issuance of a Writ of Restitution, the Tribal Court shall have the authority to enter against the defendants a judgment for the following: back rent, unpaid utilities, charges due the Tribe, Lender, Indian Housing Authority, and land owner under any lease or occupancy agreement (not including a leasehold mortgage); and for damages caused by the defendants to the property other than ordinary wear and tear. The Tribal Court shall have the authority to award to the prevailing party his costs and reasonable attorney's fees in bringing suit.

P.         CONTINUANCES IN CASES INVOLVING THE SECRETARY

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

Q.         ENFORCEMENT

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

R.         SEVERABILITY

        If any provision of this Section or the application thereof, is held invalid for any reason, by a court of competent jurisdiction, the remainder of this Ordinance, or other applications of such provision, shall not be affected and shall continue in full force and effect.

S.         REPEAL OF PRIOR ACTS

        Adoption of this Leasehold Mortgage Ordinance supersedes and repeals any prior ordinances in conflict therewith.

CHAPTER EIGHT

WASTEWATER MANAGEMENT

[Note: Chapter Eight is derived from Ordinance No. 131, enacted April 6, 1983]


SECTION 8.1          PURPOSE

        An ordinance of the White Mountain Apache Tribe regulating the use of the Wastewater Management System constructed under EPA Grant #C-04-0226-04 and to regulate use of appurtenances thereto, both new and existing, and to regulate construction of new appurtenances thereto, and to establish a user charge system for said Wastewater Management System, all in compliance with Federal Register Vol 47, No. 92, May 12, 1983, Section 35.2130.

SECTION 8.2          PROHIBITED WASTE DISCHARGES AND DISCHARGE OF RAINWATER

        A. No person shall discharge or cause to be discharged any wastewater which contains toxins or pollutants in an amount or concentration that endangers public safety and/or the physical integrity of the treatment works; or cause violation of effluent or water quality limitations; or preclude selection of the most cost effective alternative for wastewater treatment and sludge disposal.

        B. Further, no person shall discharge or cause to be discharged any wastewater which contains toxins or pollutants in an amount or concentration that endanger public safety and/or the physical integrity of the treatment works; or cause violation of effluent or water quality limitations; or preclude selection of the most cost effective alternation for wastewater treatment and sludge disposal.

SECTION 8.3          CONSTRUCTION AND INSPECTION OF NEW SEWERS AND CONNECTIONS

        A. Plans and specification for sewerage construction shall meet all design requirements of the public entity having area jurisdiction and shall also meet the design requirements as established from time to time by the Engineer for the White Mountain Apache Tribe. Such specifications shall limit for new sewers to 200 gal./inch dia./mi./day (at 4 feet of head).

        B. Inspection of all sewerage construction shall be made by personnel for the White Mountain Apache Tribe in a manner described as follows:

(1) An Inspector designated by the White Mountain Apache Tribe shall inspect each new connection to and each portion of new work in the construction of the aforementioned wastewater management system and assure that said new connections and new work conform with the plans and specifications. The Inspector shall make or cause to be made the tests required to assure that the work conforms with the plans and specifications.

(2) Should any new connections or new work be covered without allowing adequate time for the Inspector to make his inspection, the Inspector may order that the work be uncovered for inspection and replaced at the builder's expense.



TRIBAL MEMBER LEASE FORM

SECTION 7.1a          EXHIBIT A

Contract No._______________


DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


        THIS INDENTURE OF LEASE, made and entered into in sextuplicate on this _________ day of ________________, 19_______, between __________________ Chairman of the Tribal Council for and on behalf of the White Mountain Apache Tribe of Indians of Whiteriver, Arizona, party of the first part, hereinafter called the Lessor, and ___________________ of _______________, part ______ of the second part, hereinafter called the Lessee:

   W I T N E S S E T H :

THAT WHEREAS, Lessor desires to enter into a long-term lease of those certain premises described as follows, to-wit:

 

and

        WHEREAS, the Lessee hereto desires to enter into said long-term lease covering said above-described premises for the purpose of constructing a residential dwelling;

        NOW, THEREFORE, in consideration of the premises and of the promises, covenants and conditions hereinafter set forth, to be kept and performed by the respective parties hereto, it is understood and agreed as follows:

        1. The Lessor, in consideration of the rents and covenants hereinafter agreed to be paid and performed by said Lessee, doe hereby demise, lease and let, and said Lessee does hereby hire and take from said Lessor, those certain premises hereinabove described.

        TO HAVE AND TO HOLD said premises for a term of twenty-five (25) years, commending on _________, 19____. This lease may be renewed at the option of the Lessee for a further term of not to exceed _______________ ( ) years, commencing at the expiration of the original term, upon the same conditions and terms as in effect at the expiration of the original term provided that notice of the exercise of such option shall be given by the Lessee to the Lessor and the Superintendent in writing at least twelve (12) months prior to said expiration of original term.

        2. Lessee hereby agrees to pay rent for said premises the sum of ___________ Dollars, payable as follows: _________ Dollars on or before ______________, 19__, and the balance in yearly installments of ________ Dollars per year, commencing on the _____ day of _______________, 19___, an like amount on or before the 1st day of each and every year thereafter during the term of this lease.

        3. The Lessee covenants and agrees to abide by the minimum construction specifications as prescribed by lessor, and all development plans; lay-out plans; construction, reconstruction, or alteration of improvements; or revision of lay-out or construction plans for this area must be approved in advance and in writing by the Lessor. Trees or shrubbery on the leased area may be removed or destroyed only after the Lessor or its designated agent and the Superintendent have approved, and have marked or have otherwise designated that which may be removed or destroyed.

        4. It is understood and agreed that the Tribal Ordinance restricts the acreage being leased to individual Indians to one acre or less and the Lessee covenants that the area being leased does not exceed one acre.

        5. The Lessee shall maintain the improvements and premises to standards of repair, orderliness, neatness, sanitation, and safety acceptable to Lessor, and all electric wiring, if and when installed, shall conform to underwriters specifications.

        6. The Lessee in exercising the privileges granted by this lease, covenants and agrees to and with the Lessor that the premises shall, during the said leased term, be used only and exclusively for proper and legitimate residential purposes, and it is expressly agreed between the parties hereto that the Lessee will not use or suffer or permit any person to use in any manner whatsoever the demised premises, or any building or improvements thereon or any portion thereof, for any purpose calculated to injure the reputation of the premises or of the neighboring property, nor for any purpose or use in violation of the laws of the United States, the State of Arizona, or the ordinances or regulations of the White Mountain Apache Tribe, including but not restricted to Tribal Fish and Game Laws, nor for any immoral or unlawful purpose whatsoever; and Lessee further covenants and agrees not to disturb the peace or quiet of the neighborhood.

        7. The Lessee shall take all reasonable precautions to prevent and suppress forest fires. No materials shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Lessor or its authorized agent. The roof shall be kept clear of leaves and other inflammable material which the premises are occupied and the grounds shall be kept clear of all brush, dry grass or other inflammable waste material for a distance of twenty-five (25) feet on all sides of the dwelling, and all campfires built outside the dwelling will be confined to small areas cleared of all inflammable material and will be carefully tended until extinguished. Brush or debris burning will not be allowed during windy, dry periods. Less further agrees to indemnify, protect and save harmless Lessor, the United States of America, its officials and employees, the White Mountain Apache Tribe of Indians and individual members thereof from and against all claims, demands and damages, together with costs and expenses arising out of Lessee's negligence or actionability faults in connection with constructing said building or improvements and occupying said premises.

        8. The Lessee shall not use or permit to be used any part of said premises for any unlawful conduct or purpose whatsoever; the Lessee will not use or permit to be used any part of said premises for the manufacture, sale, gift, transportation drinking or storage of intoxicating liquors or beverages in violation of existing laws relating thereto, and that any violation of this clause by the Lessee or with Lessee's knowledge shall render this lease voidable at the option of the Superintendent.

        9. If, at any time during the term of this lease, the leased premises or any part thereof, is taken or condemned under the laws of Eminent Domain, then and in every such case, the leasehold estate and interest of the Lessee in the said premises, or part thereof taken, shall forthwith cease and terminate. All compensation awarded by reason of the taking of the leased land shall be payable to and solely the property of the lessor, and the rental thereafter payable hereunder for the remainder of the term of the lease shall be reduced in the proportion that the value of the entire premises is reduced by such taking or condemnation. Compensation awarded for the taking of or injury to any building or improvement on the leased land shall be paid to Lessee and Lessor as their interests appear.

        If twenty-five percent (25%) or more of the leased premises is taken or condemned under the laws of Eminent Domain, Lessee shall have the option to terminate this lease as of the date of title vesting in such proceeding. reason of the taking of the leased land shall be payable to and solely the property of the Lessor, and the rental thereafter payable hereunder for the remainder of the term of the lease shall be reduced in the proportion that the value of the entire premises is reduced by such taking or condemnation. Compensation awarded for the taking of or injury to any building or improvement on the leased land shall be paid to Lessee and Lessor as their interests appear.

        10. The Lessee shall have the right at any time during the term of this lease to alter, make additions to, remodel or repair any buildings or improvements placed upon the land, but no removal or demolition of the improvements under this lease shall take place without the prior written consent of the Lessor first had. The Lessee shall, at all times during the term of this lease and at the Lessee's sole cost and expense, keep and maintain all buildings, structures, and other improvements erected and placed on said premises in good order and repair and the whole thereof in a clean, sanitary, neat, and attractive condition, and in such manner as shall be approved by the Lessor, and the Lessee shall construct, maintain and repair fences, walls, sewers, sewer connections, drains, driveways, sidewalks, and other improvements which may be required at any time by law to be constructed, maintained, and repaired upon or adjoining or in connection with or for the use of said premises or any part thereof, and the Lessee shall make any and all additions to or alterations in the building and structures erected on said premises which may be required by law and shall otherwise observe and comply with any and all public laws, ordinances, and regulations for the time being applicable to the said premises, and Lessee shall indemnify and save harmless the Lessor against all actions, claims, and damages by reason of the Lessee's failure to keep and maintain said premises and the buildings and improvements thereon as hereinabove provided, or by reason of its non-observance of any law, ordinance, or regulation applicable thereto.

        11. In the event of Partial or total destruction of any building or improvement, under this lease, the Lessee, at the Lessee's sole cost and expense, shall reconstruct the building or improvements in compliance with applicable laws and building regulations and in accordance with the original general plans agreed upon under this lease, excepting those changes, alterations, or omissions permitted by the written consent of the Lessor and Superintendent. Such reconstruction shall commence within ninety (90) days, weather permitting, after the injury occurs and shall be pursued diligently.

        12. The Lessee shall not permit mechanics', material-men's, contractors' or subcontractors' liens arising from any work of construction, repair, restoration or removal as herein provided or any other claims or demands of any nature to be enforced against the leased premises or any part thereof, but the Lessee shall pay all such claims, liens and demands before any action is brought to enforce same; or if the Lessee desires to contest any such lien, claim, or demand, Lessee may do so, provided that the Lessee will deposit an adequate bond to prevent enforcement of any lien if the Lessee is unsuccessful in such contest and the Lessee agrees to hold the Lessor and said premises free and harmless from any and all such liens, claims, or demands, together with all costs and expenses in connection therewith, the Lessee similarly shall have the right to contest any asserted tax or assessment against property by posting bond to prevent enforcement of any lien resulting therefrom, and the Lessor will execute any documents necessary in the Lessee's contest.

        13. The Lessee shall pay, when, as the same become due and payable, all taxes, general and special assessments, and other like charges, including any and all licenses, fees or charges properly assessed, which may be levied, assessed, or imposed during the term of this lease or against the leased land and all interests therein and improvements and other property thereon to which either the Lessee or Lessor may become, liable in relation thereto; and the Lessee agrees to protect and hold harmless the Lessor and the leased premises and all interests therein and improvements thereon from any and all such taxes, assessments, and charges and from any lien therefor or sale or other proceedings to enforce payment thereof. Upon written application of the Lessor, the Lessee shall furnish to the Lessor for inspection and for such use as may be proper for the protection of Lessor's interest in the leased property, written evidence duly certified that any and all taxes required to be paid by Lessee hereunder have been paid, satisfied, or otherwise discharged. Lessor shall execute and file any documents requested by Lessee with reference to real estate tax exemption of the land.

        14. In the event the Lessee shall fail to pay any tax, assessment, or other charges upon the leased premises when due and payable as provided herein, or shall fail to pay any lien or claim for labor or material used or employed in, or any claim for damages arising out of the construction, repair, restoration, maintenance, and use of said premises and the buildings and improvements erected and placed thereon, or any other claim, charge, or demand which Lessee has agreed to pay under the covenants of this lease, then the Lessor may, at his option, if the Lessee, after written notice from the Lessor, has failed to pay or to post bond against enforcement, pay any such tax, assessment, lien, claim, charge, or demand, or settle or discharge any action therefor, and all costs, expenses, damages and other sums incurred by Lessor in connection therewith shall be paid to Lessor upon demand, together with interest thereon at the rate of six percent (6%) from the date of payment until repaid, and any default in such payment shall constitute a breach of the covenants and conditions of this lease.

        15. Neither the Lessor nor the United States Government, nor their officers, agents, and employees shall be liable for any loss, damage, or injury of any kind whatsoever to the person or property of the Lessee or sublessee or any of the Lessees or sublessee's employees, guests, or invitees, or any other person whomsoever, caused by any use of the leased premises, or by any defect in any building, structure, or other improvement erected thereon, or arising from any accident on said premises or any fire other casualty thereon, or occasioned by the failure on the part of the Lessee or Sublessee to maintain said premises in a safe condition, or by any nuisance made or suffered on said premises, or by any act or omission of Lessee or Sublessee, or of assets or Sublessee's employees, guests, or invitees, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on Lessee's behalf all claims and demands against Lessor and agrees to indemnify and save Lessor free and harmless from liability for all claims and demands for any such loss, damage, or injury, together with all costs and expenses arising therefrom and in connection therewith.

        16. The Lessee shall not encumber, assign, or transfer this lease or any right or interest thereto, or the improvements thereon, present or perspective, without the written consent and approval of the Lessor and the Secretary of the Interior or his duly authorized representative. Should the Lessee attempt to make any such encumbrance, assignment, or transfer, except as aforesaid, or should any right or interest of the Lessee hereunder or in or to said buildings and improvements be attached, levied upon, seized, or sold by under court order or legal process, or otherwise, or should the Lessee come insolvent or be adjudged bankrupt, then any of the foregoing events shall be deemed a breach of the conditions and restrictions of this lease and thereupon the Lessor may, at his option, terminate this lease forthwith by written notice, and upon such termination this lease shall cease and end and thenceforth be of no further force or effect except as hereinafter otherwise provided. Should the Lessee sublet any building or improvement, or part thereof, he shall provide that such sub-tenant shall be subject to and bound by each and all of the conditions of this lease and no such subletting shall effect any of the obligations or liabilities of the Lessee hereunder. Should the Lessor and the Secretary of the Interior, or his duly authorized representative, consent to any such encumbrance, assignment, transfer, or sublease, none of the restrictions of this article shall be thereby waived and the same shall apply to each successive encumbrance, assignment, transfer, or sublease hereunder and shall be severally binding upon each and every encumbrance, assignee, transferee, sublessee, and other successor in interest of the lease.

        17. The Lessee shall abide by and conform to any and all regulations of the Secretary of the Interior now or hereafter in force relative to leases of this nature, provided that the annual rental, other payments, provisions for subletting or the term and extent of the term of this lease may not be changed by future regulation without the written consent of the parties hereto.

        18. Time is hereby declared to be the essence of this lease. If the Lessee shall fail to pay any tax, assessment, lien, claim, charge or demand provided for in this lease to be paid by the Lessee at the time and in the manner herein provided, or should Lessee default in the payment of any installment of rent or any other sum when due as herein provided, and if such default shall continue uncured for a period of thirty (30) days from and after written notice thereof by Lessor to Lessee, or in the event Lessee shall default in the performance of or shall breach any other covenant, condition or restriction of this lease herein provided to be kept or performed by the Lessee, and if such default or breach shall continue uncured for a period of sixty days (60) from and after notice thereof by Lessor to Lessee (during which 30-day or 60-day period, as the case may be, Lessee shall have the privilege of curing such default or breach), then and in any such event, Lessor, at its option, may declare this lease forfeited by giving the Lessee written notice thereof, and upon such forfeiture, Lessee shall thereafter have no further rights or interests hereunder or in or to the leased premises or any part thereof, and Lessor may reenter and take possession of the leased premises and all buildings and improvements thereon, title to which shall vest in the Lessor, and may cast therefrom the Lessee and all persons claiming under the Lessee.

        19. If action be brought by either party in unlawful detainer for rent or any other sums of money due under this lease, or to enforce performance of any of the covenants and conditions of this lease, the losing party shall pay reasonable attorneys fees of the prevailing party, to be fixed by the Court as a part of the costs in any such action.

        20. The Lessor or the Secretary of the Interior or his duly authorized representative shall have the right at any time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon.

        21. Holding over by the Lessee after the expiration of the term of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises.

        22.          (a) Nothing contained in this lease shall operate to delay or prevent a termination of Federal trust responsibilities with respect to the land during the term of this lease; however, such termination shall not serve to abrogate this lease. In the event of such termination, all powers, duties, or other functions of the Secretary of the Interior or his authorized representative shall terminate, and the responsibility for enforcing compliance with the covenants of this lease shall be assumed by the Lessor, his heirs, devises, executors, administrators or assigns.

                        (b) In the event of termination of Federal supervision, the Lessor and Lessee, or their successors in interest, shall have a period of thirty (30) days from the anniversary date provided for in the lease for adjustment of the rental within which to agree upon the rental adjustment or to agree upon a commercial appraiser to determine the fair annual rental value, if no agreement can be reached at the end of 30 days, the Lessor and Lessee, or their successors shall each appoint an appraiser and the two appraisers shall select a third appraiser. The three appraisers so selected shall constitute the appraisal board to re-evaluate the fair annual rental.

        This provision is incorporated in this lease pursuant to 25 CFR 131-17. It is understood and agreed that the within lease does not contain a provision for the adjustment of rental, and consequently, this provision shall be nonoperative unless and until the lease is at some future date modified or amended by mutual agreement of the parties to provide for adjustment of rental.

        23. The voluntary or other surrender of this lease by the Lessee, or a mutual cancellation thereof, shall not work a merger, but shall, at the option of the Lessor, terminate all or any sub-leases or sub-tenancies, if any, at the option of the Lessor, and operate as an assignment to it of any or all such sub-leases or sub-tenancies.

        24. Upon abandonment, termination, revocation or cancellation of this lease, the Lessee may remove, within a reasonable time not to exceed ninety days, weather permitting, - all structures and improvements, except those owned by the White Mountain Apache Tribe, and further excepting therefrom all septic tanks or water or sewage lines which are attached to the land and all electric lines or poles. All fixtures and improvements not so removed within the time specified shall be considered abandoned by the said Lessee; however, Lessee covenants and agrees that all fixtures, buildings and improvements placed upon said premises during the existence of this lease shall be subject to a landlord's lien for the payment of all rental due or to become due under the terms of this lease.

        25. Whenever under this lease provision is made for notice of any kind, it should be deemed a sufficient notice and service thereof if the said notice to the Lessee is in writing and addressed to the last known post office address of the Lessee and deposited in the mail; and notice to the landlord shall be deemed sufficient notice and service thereof if the notice is in writing addressed to the Lessor at Whiteriver, Arizona, and deposited in the mail. Notice need be sent to only one Lessee where the Lessee consists of more than one person.

        26. It is hereby covenanted and agreed that nonwaiver of a breach of any of the covenants of this lease shall be construed to be a waiver of any succeeding breach of the same or any other covenant.

        27. This lease and the covenants, conditions and restrictions hereof shall be extended to and be binding upon the successors, heirs, assigns, executors and administrators of the parties hereto.

        28. This lease, and any modification of or amendment to this lease, shall not be valid or binding upon either party hereto until approved by the Secretary or his authorized representative.

        IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on this _______ day of __________________, 19___.

WHITE MOUNTAIN APACHE TRIBE

By________________________________

Lessor

Approved:

Date:_________________________________

______________________________________

Superintendent

Fort Apache Indian Agency

_______________________________________

Lessee


STATE OF ARIZONA                                  )

                                                                    )ss.

   County of Navajo                                        )

                                                              

This instrument was acknowledged before me this ____ day of ________________________, 19___, by _____________________________________________________________________.


________________________________________

Notary Public

My commission expires:


STATE OF ARIZONA )

                                    )ss.

County of Navajo         )

        This instrument was acknowledged before me this ____ day of ________________________, 19___, by _____________________________________________________________________.

________________________________________

Notary Public

My commission expires:


AFFIDAVIT OF LESSEE



STATE OF ___________________)

                                                        )ss.

County of ____________________)


I ______________________, (___________________of __________________), Lessee herein, being duly sworn, depose and says that I am leasing the land herein for my own use and benefit and not directly or indirectly for the benefit of any other person or corporation; that Lessee has no agreement, arrangement or understanding with any person or corporation whereby the said land, or any part thereof, shall or may be used, enjoyed, or occupied by or for the benefit of any person or corporation other than myself.


_____________________________________

Signature


Subscribed and sworn to before me this _____ day of __________________________, 19____.

_________________________________________

Notary Public in and for said County and State


My commission expires:




VETERANS ADMINISTRATION LEASE FORM


SECTION 7.2a EXHIBIT A


RESIDENTIAL LEASE FORM


his Lease made and entered into between___________________________________ _____________________________________________, hereinafter designated as "Lessor" and ______________________________________________, Member(s) of the White Mountain Apache Tribe, residing upon the Fort Apache Indian Reservation, Arizona, hereinafter designated as Lessee(s).

WITNESSETH

1.         Secretarial Approval. As used in this Lease, the term "Secretary" means the Secretary of the Interior or his duly authorized representative. This Lease is subject to the approval of the Secretary pursuant to the Act of August 9, 1955, 69 Stat. 5239, as amended; 25 U.S.C. 415.

2.         Premises. Lessor, as authorized by law and in accordance with a resolution adopted by the Tribal Council of the White Mountain Apache Tribe on _____________________ hereby leases to the Lessee(s) all that tract or parcel of land situated on the Fort Apache Indian Reservation, County of _________________________ State of Arizona, and described as follows:

3.         Use of Premises: The object of this Lease is to enable the Lessee(s) to construct, improve and/or maintain a dwelling and related structures on the premises, and otherwise to use or occupy said premises for residential purposes.

4.         Term. Lessee(s) shall have and hold the premises for a term of twenty-five (25) years beginning on the effective date of this Lease. This Lease shall automatically and without notice renew for an additional term of twenty-five (25) years on the same terms and conditions contained herein. This Lease may not be terminated by either or both parties during its initial or renewal term if, and as long as, the Lease and/or any improvements on the premises, or any interest therein, are mortgaged or otherwise pledged as security for any loan in accordance with the provisions hereof, unless consent in writing to such termination is given by the lender and, when FHA insurance or VA guaranty or insurance is in force, by the Federal Housing Administration or the Department of Veterans Affairs, as the case may be. This Lease shall not be subject to any forfeiture or revision and shall not be otherwise terminable, if such event would adversely affect any interest in the premises, including improvements thereon, acquired in accordance with the provisions hereof by the holder of any mortgage or other lien, or of any purchaser at a foreclosure sale under such mortgage (or lien) or under any conveyance given in lieu of foreclosure, or of any holder subsequent to such purchase.

5.         Rent. The improvement of housing for the White Mountain Apache families is a public purpose of the Lessor. The consideration for this Lease is (1) the said purpose, (2) the promise, hereby given, of Lessee(s) to pay the Lessor rent at the rate of One Dollar ($1.00) for each twenty-five (25) year term, payment to be made each term in advance, (3) the extinguishment, hereby agreed to by Lessee(s) in the premises, so that Lessee(s) shall hereafter hold rights only by virtue of this Lease, and (4) other good and valuable considerations, the receipt of which is hereby acknowledged by Lessor. it is agreed that there shall be no adjustment of the rent if the Lease is terminated before its term would otherwise expire or in the event that any part of the premises is taken by condemnation for highway or other public purposes.

6.         Improvements. All buildings or other improvements now existing or hereafter constructed on the premises shall be the leasehold property of the Lessee(s) during the term of this Lease, including any extension or renewal thereof.

7.         Use Rights. Upon expiration of this Lease, or upon its termination in accordance with the terms hereof, unless such termination is due to default upon the part of Lessee(s), Lessee(s) or any successors in interest shall be entitled to use rights in the premises if qualified under the laws and customs of the White Mountain Apache Tribe. If not so eligible, Lessee(s) and any successors in interest shall, upon demand, surrender to Lessor upon expiration or other termination of this Lease complete and peaceable possession of the premises and all improvements thereon, which shall be the property of the White Mountain Apache Tribe.

8.         Federal Supervision.

                (a) Nothing contained in this Lease shall operate to delay or prevent a termination of Federal responsibilities with respect to the premises by the issuance of a fee patent, the lifting of restriction on alienation, or otherwise during the term of the Lease; such termination, however, shall not serve to abrogate the Lease.

                (b) No member of Congress or any delegate thereto or any Resident Commissioner shall be admitted to any share or part of this Lease or to any benefit that may arise herefrom.

                (c) The Lessee(s) agree(s) not to use or cause to be used any part of said premises for any unlawful conduct or purpose.

9.         Quiet Enjoyment. Lessor agrees to defend the title to the premises and also agrees that Lessee(s) and any successors in interest shall peaceably and quietly hold, enjoy and occupy the premises for the duration of this Lease without any hindrance, interruption, ejection or molestation by Lessor or by any other person or persons whomsoever.

10.         Inheritance. This Lease may be transferred by will or by intestate inheritance in accordance with the laws and customs of the White Mountain Apache Tribe.

11.         Assignment. Except as otherwise provided herein, Lessee(s) shall not assign this Lease without prior written consent of the Lessor and, if this Lease and/or any improvements on the premises are mortgaged or pledged as security for a loan, without the written approval of the lender and, when FHA insurance or VA guarantee or insurance is in force, of the Federal Housing Administration or Department of Veterans Affairs, as the case may be. Lessee(s) may assign this Lease or deliver possession of the premises, including any improvements thereon, to the lender, its successors in interest, or the FHA or VA, as the case may be, if Lessee(s) default(s) in any mortgage or other loan agreement for which the Lease and/or improvements on the premises are pledged as security, and, in such event, the lender, its successors in interest, or the FHA or VA, in turn may transfer this Lease or possession of the premises to a successor Lessee. Nothing in this Lease shall prevent the Lessee(s) from executing and recording a mortgage, declaration of trust and/or other security instrument as may be necessary to obtain financing for the construction and/or improvement of a dwelling and related structures, or shall prevent the mortgagee or other lender from foreclosing or instituting other appropriate proceedings under law in the event of default of any mortgage or other loan agreement by the Lessee(s). Except in cases involving loans for home construction or home improvement by a bank or other recognized lending institution or the VA, where no such consent or approval of Lessor shall be required, Lessee(s) may not execute a mortgage, declaration of trust or other security instrument pledging their interest in this Lease or any improvements on the premises without prior consent of Lessor and the approval of the Secretary.

                (a) Lessee(s) shall not sell or otherwise assign this Lease without the prior written consent of the Tribe.

                (b) In the event VA acquires the Lease by foreclosure, or by the assignment of the Lease by Lessee(s), (for which the approval of the Tribe is not required), then:

                        (1) VA will notify the Tribe of the availability of the Lease for sale, the sales price and other terms of sale.

                        (2) If a purchaser is found, the Lease will be transferred by VA to the purchaser, with the written consent and approval of the Tribe.

                        (3) If a tribal member purchaser cannot be found, VA shall be entitled to sublease the leased premises to anyone wishing to sublease the same. The term of the initial sublease period and any succeeding periods shall not exceed one year each. A purchaser approved by the Tribe must wait where the leased premises are sublet until the expiration of any current sublease before occupying the premises.

12.         Option. In the event of default by the Lessee(s) on any mortgage or other loan agreement for which this Lease or any improvements on the premises are pledged as security, Lessor shall have the right of first refusal to acquire the Lessee's interest in the premises (subject to all valid liens and encumbrances) upon (a) payment of all sums then in arrears, and (b) either payment of the balance of the loan or assumption of the mortgage. Said right of first refusal may be exercised at any time within thirty (30) days after notice in writing from the lender of the Lessee's default, which notice shall be given before the lender invokes any other remedies provided under the mortgage or by law, and shall be exercised by notice in writing from the Lessor to the Lessee(s) and the lender; provided, however, that the Lessee(s) shall have fifteen (15) days from the date of the latter notice to cure the default. The estate acquired by the Lessor through exercise of said right of first refusal shall not merge with any other estate or title held by the White Mountain Apache Tribe as long as this Lease and/or any improvements on the premises, or any interest therein, are mortgaged or otherwise pledged as security for any loan, and said estate shall remain subordinate to any valid and subsisting mortgage or other security instrument.

13.         Effective Date. This Lease and all its terms and provisions shall be binding upon the heirs, successors, executors, administrators and assigns of the Lessee(s) and any successor in interest to the Lessor, and shall take effect on the ______day of ________________, 19____.

14        . Obligations to the United States. It is understood and agreed that while the leased premises are in trust or restricted status, all of the Lessee's obligations under this Lease, and the obligation of his sureties, are to the United States as well as to the owner of the land

__________________________________LESSOR


By______________________________________

(Authorized Official)

ATTEST:

____________________________________

____________________________________________ Lessee

WITNESS:

____________________________________


______________________________________________

Lessee

WITNESS:

___________________________________

APPROVED:

____________________________________ Date:_______________________________


FARMER'S HOME ADMINISTRATION LEASE FORM


    [Editors note: the "a" in exhibits supplied to facilitate computer indexing only]

SECTION 7.5a - EXHIBIT A



UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

Form 5-184 Lease No._____________

Nov 1962 Contract No._____________


LEASE

        THIS LEASE is entered into this _____ day of ________________________, 19______, between the _________________________ Tribe of the _____________________ Reservation, Landlord, of________________ and _______________________________ Tenant, of _________________________________whose mailing address upon completion of improvements to be financed with the loan referred to herein will be ____________________.

1.         DESCRIPTION OF PROPERTY: The Landlord hereby leases to Tenant the following described property, located in _______________ County, State of ___________________:


consisting of _____ acres, more or less, together with all buildings and improvements thereon and all rights thereto appertaining.

2.         TERM OF LEASE: The term of this Lease shall be ____ years from the _____ day of ___________, 19____, to the _____ day o f _____________, 19 _____, and this Lease is hereby extended for an additional term of _____ unless the Tenant shall give written notice of termination to the Landlord and the Secretary of the Interior or his authorized representative, delegate, or successor (hereinafter referred to as the "Secretary") at least three months before the expiration of the original term.

3.         RENTAL RATE: The Tenant shall pay to the Landlord the sum of $_________ in cash, payable upon execution hereof, which shall constitute the rental for the term of this Lease and the extension thereof.

4.         CONDITIONS:

                (a) It is mutually agreed by the Landlord and Tenant that the express purpose of this Lease is to enable the Tenant to obtain a loan from the United States of America, acting through the Farmers Home Administration (hereinafter referred to as the "Mortgagee"), under the Rural Housing Program pursuant to Title V of the Housing Act of 1949 (42 U.S.C. 1471), to make improvements upon the leased premises. If the Tenant fails to obtain such loan, the Landlord may, at his option, terminate this Lease by giving the Tenant thirty (30) days written notice of termination; but no such termination shall be effective as against the Mortgagee unless the Landlord gives the Mortgagee written notice of such termination and such notice is received by the County Supervisor, Farmers Home Administration, United States Department of Agriculture, whose office serves the area in which the above-described property is located, not later than 10 days before a loan by the Mortgagee to the Tenant is closed.

                (b) The Landlord, in consideration of the granting of such loan by the Mortgagee to the Tenant, hereby consents thereto and grants permission to the Tenant to execute and deliver to the Mortgagee a real estate mortgage covering the Tenant's leasehold interest in and to the property above described including improvements now existing thereon or which may be constructed thereon.

                (c) The Landlord reserves to itself the right to purchase the leasehold in case of default or proposed transfer of the leasehold interest by the Tenant provided it shall exercise such right in writing within thirty (3) days from the receipt of written notice of such default or proposed transfer. In the event the Landlord exercises such right, the Landlord shall pay the mortgage indebtedness in full at the time of its purchase of the leasehold interest.

                (d) Failure of the Landlord to exercise its option as provided in paragraph (c) of this section will constitute the consent of the Landlord for the Tenant, with the approval of the Mortgagee, to assign and transfer the leasehold interest and all improvements thereon either directly or through the Mortgagee to any individual, Indian or non-Indian, who as successor in interest to the Tenant shall assume all the obligations of the Mortgagee's loan and mortgage and also assume all the obligations of the Tenant under this lease. Preference for such an assignment will be given to eligible members of the Tribe, who qualify for a loan under the standards prescribed by the Mortgagee. In the event the assignee is a non-Indian, the rental as provided in section 3 of this Lease will be adjusted to an annual rate equal to the then current fair rental value exclusive of improvements and development by the Tenant and of the contribution value to the real estate because of such improvements. The non-Indian assignee will increase the stipulated mortgage payments in an amount equal to the fair annual rental of the land until the mortgage is satisfied in full. The Landlord agrees to suspend the collection of such rentals pending the liquidation of the Mortgage. Upon liquidation of the Mortgage said assignee will thereafter pay to the Landlord the fair annual ground rental for the remainder of the term of this lease. In addition to such payments, said assignee will pay in equal installments, amounts sufficient to liquidate all suspended rental payments, which were applied to the Mortgage, on or before the termination date of the lease.

                (e) In the event of default under the terms of any Rural Housing mortgage on the leasehold interest, and in the event the landlord waives or fails to exercise its option provided under paragraph (c) of this section, Mortgagee shall have the right to take possession of and rent the property for the account of the Tenant, either to an Indian or non-Indian, upon such terms and conditions as the Mortgagee deems reasonable, pending foreclosure of the mortgage or the acquisition or disposal of the leasehold.

                (f) In the event it becomes necessary for the Mortgagee to take possession of the leasehold in order to protect its interests under any real estate mortgage covering the leasehold interest of the Tenant, the Mortgagee shall not incur any liability to the Landlord under the terms of this Lease.

                (g) If it should be necessary for the Mortgagee to foreclose its real estate mortgage covering the leasehold interest of the Tenant, the Landlord agrees to accept the successful purchaser of the leasehold interest as the Tenant and said purchaser shall be entitled to the possession of the premises and shall be liable for the performance of the obligations imposed by the Lease. The term "purchaser" means the successful bidder at foreclosure sale or the purchaser from the Mortgagee if the Mortgagee should acquire and sell the leasehold interest in liquidation of its mortgage.

                (h) The Landlord agrees that the Tenant may assign and transfer the Lease, to the Mortgagee upon such terms as may be agreed upon by the Tenant and the Mortgagee. If the Mortgagee acquires the Lease by such an assignment or through foreclosure sale, judicial or otherwise, the Mortgagee may assign the Lease or sell the leasehold interest, an all improvements thereon, or may sublet said premises in whole or part. In the event the Mortgagee in the liquidation of its mortgage should acquire and sell the leasehold interest and take a mortgage to secure part or all of such sale price, the provisions of this Lease shall apply to the same extent as if such mortgage were the initial mortgage securing the Rural Housing loan. For the purposes of this Lease, its provisions regarding assignment by the Tenant or a successor tenant of the leasehold interest shall be deemed to include transfer of the leasehold by operation of the law or by inheritance in the event of the death of the Tenant or any successor tenant while the leasehold interest remains subject to a mortgage in favor of the Mortgagee.

                (i) The Landlord agrees that this Lease may not be terminated for any reason without the written consent of the Mortgagee as long as the Mortgagee is the owner and holder of a real estate mortgage covering the leasehold interest of the Tenant created by this Lease. This provisions shall apply to any attempted termination by surrender of the leasehold interest, giving notice of termination under section 2 of this Lease, or otherwise.

                (j) The Tenant will keep the buildings, fences, and other improvements Ont... he premises in good repair and condition, ordinary wear and tear, loss by fire, or unavoidable depreciation or destruction excepted.

                (k) If the Landlord shall sell or otherwise transfer title to the premises, he will do so subject to the provisions of this Lease.

                (l) Nothing contained int his Lease shall operate to delay or prevent a termination of Federal trust responsibilities with respect to the land by issuance of a fee patient or otherwise during the term of the Lease; however, such termination shall not serve to abrogate the Lease. The owners of the land and the lessee and his surety or sureties shall be notified by the Secretary of any such change in the status of the land.

                (m) The terms of this Lease shall be binding upon the heirs, executors, administrators, and successors and assigns of both Landlord and Tenant in like manner as upon the original parties except as otherwise provided for under paragraph (f) of this section.

                (n) The Landlord warrants that he has the right to lease the premises, and will defend the Tenant's possession against any and all persons whomsoever.

                (o) No member of, or delegate to, Congress or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise herefrom, but this provisions shall not be construed to extend to this contract if made with a corporation or company for its general benefit.

                (p) The Tenant agrees that he will not use or cause to be used any part of said premises for any lawful conduct or purpose.

                (q) The Tenant agrees to surrender possession and occupancy of the premises peaceably at the termination of the Lease.

                (r) The Tenant or his successors in interest shall pay, if and when the same become due and payable, all taxes, general and special assessments and other like charges which may be levied, assessed or imposed during the term of this Lease upon or against the leased land and all interests therein and improvements and other property thereon for which either the tenant or Landlord may become liable in relation thereto.

                (s) All buildings and improvements, excluding removable personal property, on the leased premises shall remain on said property after the termination of this Lease and shall thereupon become the property of the Landlord.

                (t) It is understood and agreed that this Lease, or any amendment thereto, or encumbrance thereunder shall be valid only after approval by the Secretary of the Interior or his authorized representative, delegate or successor.

                (u) Any notice required by or sent pursuant to any provision of this Lease shall be sufficient if it is sent by mail addressed, until some other address is designated in a notice so given, in the case of the /Tenant to him at his mailing address stated above and in the case of the Landlord to the ______________________ of the Landlord at the Landlord's mailing address stated above. (Title or Office of Tribe)


IN WITNESS WHEREOF, the parties have signed this Lease on the date first above written.

________________________TRIBE OF THE _______________RESERVATION

(Landlord)


By________________________________________________________

(Name)

___________________________________________________________

(Title)

___________________________________________________________

(Tenant)

___________________________________________________________

(Tenant)

THE WITHIN LEASE IS HEREBY APPROVED:

_____________________________________________________

(Signature)

___________________________________________________

(Title)

Date:_______________________________________________


(Acknowledgment Form)















AFLC/HAFB, Ogden