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15 GTBC § 101
§ 101. Statement of Purpose
15 Grand Traverse Band Code § 101
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 101. Statement of Purpose
This Ordinance shall be known as the GTB Secured Transactions Ordinance. The central purpose of this Ordinance is to facilitate the conducting of secured transactions where the property or instrument--financial or otherwise--is subject to the expressed or implied limitations of Indian trust status, either by federal or tribal law, in the property or instruments disposition as a security interest.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 101, 15 GTBC § 101
Current through November 13, 2009
15 GTBC § 102
§ 102. Policy and Subject Matter of Ordinance
15 Grand Traverse Band Code § 102
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 102. Policy and Subject Matter of Ordinance
(a) Except as otherwise provided by § 104 on excluded transactions, this Ordinance applies to:
(1) any transaction (regardless of form) which is intended to create a security interest in personal property or fixtures, including goods, documents, instruments or accounts.
(b) This Ordinance applies to security interests created by contract, including pledge, conditional sale other lien or title retention contract and lease or consignment intended as security.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 102, 15 GTBC § 102
Current through November 13, 2009
15 GTBC § 103
§ 103. Perfection of Security Interest in Multi–Jurisdictional Transactions
15 Grand Traverse Band Code § 103
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 103. Perfection of Security Interest in Multi–Jurisdictional Transactions
(a) Documents, Instruments and Ordinary Goods.
(1) This subsection applies to documents and instruments and to goods other than those covered by a certificate of title described in subsection (b).
(2) Except as otherwise provided in the subsection, perfection and the effect of perfection or non-perfection of a security interest in collateral are governed by the law of the jurisdiction where the collateral is when the last event occurs on which is based the assertion that the security interest is perfected or unperfected.
(3) If the parties to a transaction creating a purchase money security interest in goods in one jurisdiction understand at the time that the security interest attaches that the goods will be kept in another jurisdiction, then the law of the other jurisdiction governs the perfection and the effect of perfection or non-perfection of the security interest form the time it attaches until thirty days after the debtor receives possession of the goods and thereafter if the goods are taken to the other jurisdiction before the end of the thirty-day period.
(4) When collateral is brought into and kept on GTB Indian Country (which includes reservation and GTB trust lands), while subject to a security interest perfected under the law of the jurisdiction from which the collateral was removed, the security interest remains perfected under the law of that jurisdiction.
(b) Certificate of Title
(1) This subsection applies to goods covered by a certificate of title issued under GTB law or under a statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.
(2) Except as otherwise provided in this subsection (b), perfection and the effect of perfection or non-perfection of the security interest are governed by the law (including the conflict of law rules) of the jurisdiction issuing the certificate.
(3) Except with respect to the rights of a buyer described in the next paragraph (4), a security interest perfected in another jurisdiction otherwise than by notation on a certificate of title in goods brought into GTB Indian Country, and thereafter covered by a certificate of title issued under GTB law, is subject to the rules stated in subsection (a)(4).
(4) If goods are brought into GTB Indian Country while a security interest therein is perfected in any manner under the law of the jurisdiction from which the goods are removed and a certificate of title is issued under GTB law and the certificate does not show that the goods are subject to the security interest or that they may be subject to security interests not shown on the certificate, the security interest is subordinate to the rights of a buyer of the goods who is not in the business of selling goods of that kind to the extent that he gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest.
(5) Unless and until the GTB Tribal Council adopts laws creating a system for the issuance of certificates of title for such goods, perfection of security interests in vehicles, boats and other goods registered under the certificate of title laws of a state of the United States or other jurisdiction shall be governed by such laws.
(c) Accounts, General Intangibles and Mobile Goods
(1) This subsection (c) applies to accounts and general intangibles (other than uncertificated securities) and to goods which are mobile and which are of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, boats, rolling stock, shipping containers, road building and construction machinery and commercial harvesting machinery and the like, if the goods are equipment or are inventory leased or held for lease by the debtor to others, and are not covered by a certificate of title described in subsection (b).
(2) The law (including the conflict of laws rule) of the jurisdiction in which the debtor is located governs the perfection and the effect of perfection or non-perfection of the security interest.
(3) A debtor shall be deemed located at his place of business if he has one, at his chief executive office if he has more than one place of business, otherwise at his residence.
(4) A security interest perfected under the law of the jurisdiction of the location of the debtor is perfected until the expiration of four months after a change of the debtor's location to another jurisdiction, or until perfection would have ceased by the law of the first jurisdiction, whichever period first expires. Unless perfected in the new jurisdiction before the end of that period, it becomes unperfected thereafter and is deemed to have been unperfected as against a person who became a purchaser after the change.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 103, 15 GTBC § 103
Current through November 13, 2009
15 GTBC § 104
§ 104. Transactions Excluded from Ordinance
15 Grand Traverse Band Code § 104
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 104. Transactions Excluded from Ordinance
(a) This Ordinance does not apply:
(1) To a security interest subject to any statute of the United States, to the extent that such statute governs the rights of parties to, and third parties affected by, transactions in particular types of property; or
(2) To a landlord's lien; or
(3) To a lien given by statute or other rule of law for services or materials except as provided in § 107 on priority of such liens; or
(4) To a transfer of a claim for wages, salary or other compensation of an employee; or
(5) To a transfer by a government or governmental subdivision, official or agency except to the extent that such entity has made an effective waiver of its sovereign immunity in accordance with GTB law; or
(6) To a right represented by a judgment (other than a judgment taken on a right to payment which was collateral); or
(7) To any right of set-off; or
(8) Except to the extent that provision is made for fixtures in § 110, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder or to any property held in trust; or
(9) To a transfer in whole or in part of any claim arising out of tort.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 104, 15 GTBC § 104
Current through November 13, 2009
15 GTBC § 105
§ 105. Sufficiency of Description
15 Grand Traverse Band Code § 105
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 105. Sufficiency of Description
For purposes of this Ordinance, any description of personal property or real estate is sufficient, whether or not it is specific, if it reasonably identifies what is described.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 105, 15 GTBC § 105
Current through November 13, 2009
15 GTBC § 106
§ 106. Security Interests Arising Under This Ordinance
15 Grand Traverse Band Code § 106
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 106. Security Interests Arising Under This Ordinance
(a) Except as otherwise provided by applicable law, a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors.
(b) Nothing in this article validates any charge or practice illegal under any statute or regulation thereunder governing usury, small loans, retail installment sales, consumer protection, or the like, or extends the application of any such statute or regulation to any transaction not otherwise subject thereto.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 106, 15 GTBC § 106
Current through November 13, 2009
15 GTBC § 107
§ 107. Attachment and Enforceability of Security Interest; Proceeds; Formal Requisites
15 Grand Traverse Band Code § 107
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 107. Attachment and Enforceability of Security Interest; Proceeds; Formal Requisites
(a) A security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless:
(1) The collateral is in the possession of the secured party pursuant to an agreement, or the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops growing or to be grown or timber to be cut, a description of the land concerned;
(2) Value has been given; and
(3) The debtor has rights in the collateral.
(b) A security interest attaches when it becomes enforceable against the debtor with respect to the collateral. Attachment occurs as soon as all of the events specified in subsection (a) have taken place unless explicit agreement postpones the time of attaching.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 107, 15 GTBC § 107
Current through November 13, 2009
15 GTBC § 108
§ 108. When Filing is Required to Perfect Security Interest
15 Grand Traverse Band Code § 108
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 108. When Filing is Required to Perfect Security Interest
(a) A financing statement must be filed to perfect all security interests except the following:
(1) A security interest in collateral in possession of the secured party;
(2) A security interest temporarily perfected in instruments or documents without delivery;
(3) A security interest created by an assignment of a beneficial interest in a trust or a decedent's estate;
(4) A purchase money security interest in consumer goods; and
(5) An assignment of accounts.
(b) If a secured party assigns a perfected security interest, no filing under this Ordinance is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 108, 15 GTBC § 108
Current through November 13, 2009
15 GTBC § 109
§ 109. Perfection of Security Interest in Instruments, Documents and Goods Covered by Documents; Perfection by Permissive Filing
15 Grand Traverse Band Code § 109
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 109. Perfection of Security Interest in Instruments, Documents and Goods Covered by Documents; Perfection by Permissive Filing
(a) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in money or instruments can be perfected only by the secured party's taking possession.
(b) A secured party shall notify the Tribal Police prior to taking possession. Lack of actual notification shall nullify the rights of the secured party.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 109, 15 GTBC § 109
Current through November 13, 2009
15 GTBC § 110
§ 110. Place of Filing
15 Grand Traverse Band Code § 110
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 110. Place of Filing
(a) In all secured transactions, the proper place to file in order to perfect a security interest is the Legal Department of the Grand Traverse Band of Ottawa and Chippewa Indians.
(b) A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998; as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999; as amended by Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 110, 15 GTBC § 110
Current through November 13, 2009
15 GTBC § 111
§ 111. Termination of Filing Statement
15 Grand Traverse Band Code § 111
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 111. Termination of Filing Statement
All perfected statements shall be terminated by Tribal Court order consistent with the generally accepted practices of perfected security interest termination procedures as recognized by general commercial practices.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 111, 15 GTBC § 111
Current through November 13, 2009
15 GTBC § 112
§ 112. Collection Rights of Secured Party
15 Grand Traverse Band Code § 112
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1. GTB Secured Transactions Ordinance
§ 112. Collection Rights of Secured Party
(a) When so agreed in a conspicuous manner, in writing and on default, the secured party is entitled to notify an account debtor to make payment to the secured party directly.
(b) The secured party may perfect peaceful repossession with the consent of the account debtor.
(c) Absent the consent of the account debtor, in writing, the secured party must seek a Tribal Court order to assert collection rights.
(d) All repossessions shall only be implemented after the Tribal Police have actually been notified by the secured party.
History: GTB Secured Transactions Ordinance, enacted by Tribal Council on May 12, 1998, as amended by Tribal Act #98–16.668, enacted by Tribal Council on January 16, 1999.
15 Grand Traverse Band Code § 112, 15 GTBC § 112
Current through November 13, 2009
15 GTBC § 101a
§ 101a. Authority and Purpose
15 Grand Traverse Band Code § 101a
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1A. GTB Governmental Secured Transactions Ordinance
§ 101a. Authority and Purpose
(a) The purpose of this Ordinance is to recognize that under Band law, except as otherwise provided in this Ordinance, secured parties shall have the same rights with respect to collateral in which a security interest is created and governed by this Ordinance that would exist if all aspects of the security interest (including but not limited to its creation, attachment, perfection and priority) had been governed by the State UCC, as defined below, without regard to the choice of law principles set forth therein.
(b) This Ordinance may be cited as the “GTB Governmental Secured Transactions Ordinance.”
History: Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 101a, 15 GTBC § 101a
Current through November 13, 2009
15 GTBC § 102a
§ 102a. Scope
15 Grand Traverse Band Code § 102a
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1A. GTB Governmental Secured Transactions Ordinance
§ 102a. Scope
(a) This Ordinance shall apply only with respect to those security interests that (i) are granted by a Tribal Party, and (ii) are expressly stated to be subject to and governed by this Ordinance by resolution or ordinance of the Tribal Council.
(b) Once applicable to any security interest, this Ordinance shall remain in effect with respect to such security interest so long as the obligations secured thereby have not been fully and finally discharged or otherwise satisfied, except that this Ordinance may be amended in any manner that is not adverse to any person then secured by a security interest at the time of such amendment.
History: Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 102a, 15 GTBC § 102a
Current through November 13, 2009
15 GTBC § 103a
§ 103a. Definitions
15 Grand Traverse Band Code § 103a
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1A. GTB Governmental Secured Transactions Ordinance
§ 103a. Definitions
(a) In this Ordinance the following terms have the following meanings:
(1) “Collateral” means “collateral” as defined in the State UCC, including Pledged Revenues.
(2) “Pledged Revenues” means a Tribal Party's earnings, income and revenues, and the rights to receive the foregoing, whether in the form of money, deposit accounts, investments or other assets, and the proceeds thereof, in which such Tribal Party has granted a security interest in a writing signed by such Tribal Party from the sale, lease or transfer of any interest in real property.
(3) “State” means the State of Michigan.
(4) “State UCC” means the Uniform Commercial Code as enacted and in effect from time to time in the State.
(5) “Tribal Party” means the Grand Traverse Band of Ottawa and Chippewa Indians, and any subdivision, agency, department, board, committee, commission, instrumentality, subdivision, or entity wholly owned or wholly controlled, directly or indirectly, by the Band, including the Grand Traverse Band Economic Development Corporation created under Section 17 of the Indian Reorganization Act of 1934, as amended, their successors and assigns.
(b) Any undefined terms that are defined in the State UCC are used in this Ordinance with the meanings that apply in the State UCC.
History: Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 103a, 15 GTBC § 103a
Current through November 13, 2009
15 GTBC § 104a
§ 104a. Laws Applicable to Security Interests
15 Grand Traverse Band Code § 104a
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1A. GTB Governmental Secured Transactions Ordinance
§ 104a. Laws Applicable to Security Interests
(a) Except as provided in this Section, the rights and duties of any party with respect to any security interest covered by this Ordinance shall be governed (i) by the law of any state of the United States expressly so designated by the parties in any document governing such security interest, or (ii) barring such designation, by the State UCC, including the choice of law principles set forth therein, except to the extent that such choice of law principles would apply the law of the Band (in which case the State UCC shall govern, without regard to the choice of law principles set forth therein).
(b) The perfection, effect of perfection or nonperfection and priority of any security interest governed by this Ordinance shall be determined in accordance with the State UCC, without regard to the choice of law principles set forth therein.
(c) Notwithstanding any other provision of the State UCC or this Ordinance to the contrary, a security interest granted in pledged revenues shall be perfected upon the granting thereof by the applicable Tribal Party in a writing executed by that Tribal Party, and the filing of a financing statement with respect to such security interest shall be neither necessary nor effective to perfect such security interest. Priority with respect to competing security interests in such pledged revenues shall rank according to the time of such grant.
(d) For purposes of this Ordinance and the application of the State UCC, including Sections 9–301 through 9–307 thereof, each Tribal Party shall be located in the State.
History: Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 104a, 15 GTBC § 104a
Current through November 13, 2009
15 GTBC § 105a
§ 105a. Effective Date and Repealer
15 Grand Traverse Band Code § 105a
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 1A. GTB Governmental Secured Transactions Ordinance
§ 105a. Effective Date and Repealer
(a) To the extent any provision of any law, ordinance, resolution, motion or any other action of any Tribal Party heretofore taken is in conflict with any provision of this Ordinance, the provision of this Ordinance shall supersede and the conflicting provision shall be and hereby is repealed as it shall apply to a security interest governed by this Ordinance.
(b) This Ordinance is effective upon the date of its enactment by the Tribal Council.
(c) To the extent lawful, any prior security interest in pledged revenues purported to be created by a Tribal Party is hereby annulled and of no further force or effect.
History: Tribal Act #03–21.1215, enacted by Tribal Council on March 19, 2003.
15 Grand Traverse Band Code § 105a, 15 GTBC § 105a
Current through November 13, 2009
15 GTBC § 201
§ 201. Name
15 Grand Traverse Band Code § 201
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 1. Corporate Identity and Status
§ 201. Name
The name of the Corporation is the GRAND TRAVERSE BAND ECONOMIC DEVELOPMENT CORPORATION.
15 Grand Traverse Band Code § 201, 15 GTBC § 201
Current through November 13, 2009
15 GTBC § 202
§ 202. Federal Charter
15 Grand Traverse Band Code § 202
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 1. Corporate Identity and Status
§ 202. Federal Charter
This Corporation is organized, incorporated and granted its corporate powers, privileges and immunities under the laws of the United States as a federally chartered Indian business corporation.
15 Grand Traverse Band Code § 202, 15 GTBC § 202
Current through November 13, 2009
15 GTBC § 203
§ 203. Corporation Distinct Entity
15 Grand Traverse Band Code § 203
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 1. Corporate Identity and Status
§ 203. Corporation Distinct Entity
This Corporation is a distinct legal entity wholly owned by the Grand Traverse Band of Ottawa and Chippewa Indians (GTB or Grand Traverse Band) and its corporate activities, transactions, obligations, liabilities and property are not those of the Tribe. Nothing in this Charter shall be deemed to have waived or to permit the Corporation to waive the sovereign immunity from suit of agencies or enterprises of the GTB not specifically assigned to the Corporation pursuant to [Part 2, § 205(a)] of this Charter.
15 Grand Traverse Band Code § 203, 15 GTBC § 203
Current through November 13, 2009
15 GTBC § 204
§ 204. Immunity
15 Grand Traverse Band Code § 204
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 1. Corporate Identity and Status
§ 204. Immunity
This Corporation shall have the same immunity from taxation under federal and Tribal law as the Grand Traverse Band but shall be subject to Tribal taxes where applicable.
15 Grand Traverse Band Code § 204, 15 GTBC § 204
Current through November 13, 2009
15 GTBC § 205
§ 205. Purposes
15 Grand Traverse Band Code § 205
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 2. Corporate Purposes
§ 205. Purposes
The purposes of this Corporation are as follows:
(a) To engage in any type of lawful business, enterprise or venture, when authorized to do so by written resolution of the Grand Traverse Band; and
(b) To promote the economic development of the Grand Traverse Band; and
(c) To enable the Grand Traverse Band to develop its resources for the benefit of the Tribal members of the Grand Traverse Band; and
(d) To specifically operate the class II and class III gaming enterprises (IGRA, 25 U.S.C. § 2701 et al.) of the Grand Traverse Band and related activities; and
(e) To provide for the efficient and effective utilization of the resources of the GTB in a manner which protects the long-term interests of the Tribe and provides income to the Tribe from the utilization of those resources.
15 Grand Traverse Band Code § 205, 15 GTBC § 205
Current through November 13, 2009
15 GTBC § 206
§ 206. Status
15 Grand Traverse Band Code § 206
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 3. Status of Corporation
§ 206. Status
(a) The Corporation is a legal entity wholly owned by the GTB, a federally recognized Indian tribe, but distinct and separate from the GTB.
(b) The activities, transactions, obligations, liabilities, and properties of the Corporation are not those of the GTB.
15 Grand Traverse Band Code § 206, 15 GTBC § 206
Current through November 13, 2009
15 GTBC § 207
§ 207. Sovereign Immunity of GTB
15 Grand Traverse Band Code § 207
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 3. Status of Corporation
§ 207. Sovereign Immunity of GTB
Nothing in this Charter of Incorporation shall be deemed to waive, or to permit the Corporation to waive, the sovereign immunity of the GTB.
15 Grand Traverse Band Code § 207, 15 GTBC § 207
Current through November 13, 2009
15 GTBC § 208
§ 208. Taxation
15 Grand Traverse Band Code § 208
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 3. Status of Corporation
§ 208. Taxation
The Corporation shall have the same status and immunities respecting taxation under federal law as the GTB.
15 Grand Traverse Band Code § 208, 15 GTBC § 208
Current through November 13, 2009
15 GTBC § 209
§ 209. Business Affairs Management
15 Grand Traverse Band Code § 209
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 3. Status of Corporation
§ 209. Business Affairs Management
(a) The business affairs of the Corporation shall be managed exclusively by its Board of Directors.
(b) The GTB shall have no authority to direct the business affairs of the Corporation, except through its status as the sole shareholder of the Corporation and as provided in this Charter of Incorporation.
15 Grand Traverse Band Code § 209, 15 GTBC § 209
Current through November 13, 2009
15 GTBC § 210
§ 210. Duration
15 Grand Traverse Band Code § 210
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 4. Period of Duration
§ 210. Duration
The period of duration of the Corporation is perpetual, or until this Charter of Incorporation is revoked or surrendered by an Act of Congress pursuant to 25 U.S.C. § 477, as amended.
15 Grand Traverse Band Code § 210, 15 GTBC § 210
Current through November 13, 2009
15 GTBC § 211
§ 211. Corporate Powers
15 Grand Traverse Band Code § 211
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 5. Corporate Powers
§ 211. Corporate Powers
Subject to applicable federal law, the Corporation is expressly authorized and empowered to engage in, carry on, and conduct any lawful business in which federally chartered corporations may engage under 25 U.S.C. § 477, as amended, including, but without limiting the generality of the foregoing, the following:
(a) To purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefore interests in corporate property.
(b) To engage in, carry on, and conduct the business of purchasing parcels of real estate; of surveying, platting, subdividing, and otherwise developing parcels of real estate; of constructing roads, streets, infrastructures, systems, and other improvements of all types upon, across, or under real estate; of mortgaging or otherwise encumbering real estate; of owning, using, improving, managing, maintaining, operating, leasing, renting, selling, conveying, exchanging, disposing of, and otherwise dealing in real estate and all improvements constructed thereon; to enter into contracts for the purchasing, surveying, platting, subdividing and developing of real estate and for the design, construction, and financing of improvements upon, across, or under real estate; to engage in and conduct, or authorize others to engage in and conduct, any business or activity incident, necessary, advisable, or advantageous in connection with any of the real and personal properties owned, leased, managed, supervised, or operated by the Corporation; and, in doing, exercising, or performing any of the foregoing, to do so as a principal, agent, contractor, subcontractor, or employee, on its own account or in association, partnership (general and/or limited partnerships, as a general and/or limited partner), limited liability company, corporation, joint venture, or any other relationship with any Indian tribe, or other person, firm, corporation, partnership, limited liability company, or joint venture, and/or in any other capacity.
(c) To purchase, take, receive, acquire, own, hold, use, lease, rent, sell, convey, exchange, dispose of, improve, develop, manage, care for, maintain, operate, mortgage, encumber, pledge, hypothecate, release any and all mortgages, encumbrances, pledges, or hypothecations, and otherwise deal in and with real and personal properties, tangible or intangible, of every kind and description, wherever situated, within or without the boundaries of the Grand Traverse Band Reservation, and any and all rights, concessions, interests, and privileges therein, including but not limited to oil, gas, and mineral leases, working interests, royalties, and other interests in real estate, surface and subsurface, and including oil, gas, and other minerals.
(d) To manufacture, produce, purchase, or otherwise acquire, sell or otherwise dispose of, import, export, distribute, deal in and with, whether as principal or agent, goods, wares, merchandise, and materials of every kind and description, whether now known or hereafter discovered or invented.
(e) To undertake, conduct, manage, assist, promote, invest in, and participate in every kind of commercial, industrial, or mercantile enterprise, business, undertaking, venture, or operation, wherever situated, within or without the boundaries of the Grand Traverse Band Reservation.
(f) To adopt, apply for, obtain, register, purchase, lease, or otherwise acquire; to maintain, protect, hold, use, own, exercise, develop, manufacture under, operate, and introduce; and to sell and grant licenses or other rights in respect to, assign or otherwise dispose of, turn to account, or in any manner deal with and contract with reference to; any trademarks, trade names, patents, patent rights, concessions, franchises, designs, copyrights, and distinctive marks, and rights analogous thereto, and inventions, devices, improvements, processes, receipts, formulae, and the like, including such thereof as may be covered by, used in connection with, or secured or received under, Letters Patent of the United States of America or any other country, state, territory, or locality, domestic or foreign, and any licenses and rights in respect thereto, in connection therewith, or appertaining thereto.
(g) To guarantee the performance and/or payment of any contract, undertaking, obligation, liability, bond, sinking fund, security, note, or other evidence of indebtedness, including interest, of any Indian tribe, or other person, firm, or other corporation, and to secure and collateralize such guarantee by mortgage, deed of trust, assignment, pledge, or other encumbrance upon the assets, or any part thereof, or any interest therein, of the Corporation.
(h) To acquire by purchase, exchange, merger, or otherwise, all or any part of, or any interest in, the properties, assets, business, and goodwill of any one or more persons, firms, associations, partnerships, limited liability companies, corporations, or Indian tribes engaged in any lawful business; to pay for the same in cash, property, securities, or other consideration; to own, hold, use, lease, rent, sell, convey, exchange, dispose of, improve, develop, operate, manage, reorganize, liquidate, merge, sell, or in any manner retain or dispose of the whole or any part thereof; and, in connection therewith, to assume or guarantee the payment and performance of any liability, obligation, contract, or other undertaking.
(i) To lend its uninvested funds from time to time for any lawful purpose to such extent, to such Indian tribes, or other persons, firms, associations, partnerships, limited liability companies, corporations, governments or subdivisions thereof, on such terms, at such rates of interest, and with such collateral, if any, as the Board of Directors from time to time may determine.
(j) To borrow money for any lawful purpose for itself or for any person, firm, association, partnership, limited liability company, other corporation or Indian tribe, from time to time, and without limit as to amount, upon such terms and conditions, and at such rates of interest, as the Board of Directors may determine.
(k) To adopt, use, and alter, at the direction of the Board of Directors, a corporate seal.
(l) To employ or appoint employees and agents of the Corporation and define their duties and fix their compensation.
(m) To authorize payment of a stipend and reimbursement of expenses to the members of the Board of Directors for time spent in carrying out the work of the Corporation, including regularly scheduled Board meetings, other meetings for education and informational purposes, personal time spent on working on corporate issues, per diem, and mileage (if a personal vehicle is used) for conducting business of the Corporation.
(1) The payment of stipends and reimbursements of expenses incurred by members of the Board of Directors may be altered by formal action of the Tribal Council of the Grand Traverse Band, as the governing body of the sole shareholder, without the necessity of an amendment to this Charter of Incorporation.
(2) Such stipends and reimbursements shall be fair, just, and reasonable, and subject to the availability of funds of the Corporation for that purpose.
(n) To distribute all revenues of the Corporation to:
(1) defray corporate obligations;
(2) make dividend payments to the sole shareholder; and
(3) establish and invest in a suitable capital reserve fund,
(4) provided, that the Board of Directors shall at all times endeavor to manage and operate the Corporation with the objective of minimizing expenses and maximizing dividends to the Grand Traverse Band.
(o) To pay pensions and establish pension plans, pension trusts, profit-sharing plans, and other incentive plans for any or all of its Directors, officers, and employees, subject to prior approval of the Tribal Council of the Grand Traverse Band.
(p) To enter into, make, execute, and deliver contracts of every kind and nature with any person, firm, association, partnership, limited liability company, corporation, municipality, nation, Indian tribe, state or body politic, without the approval of the Secretary of the Interior of the United States, except when the use of trust or federally-restricted Indian property requires such approval.
(q) To apply for, purchase, or otherwise acquire, and exercise, carry out, and enjoy any license, power, authority, franchise, concession, right, or privilege which any government, public body, authority, corporation, or other entity may be empowered to grant, make, or enact, and to pay for the same and all necessary costs, charges, and expenses associated therewith.
(r) To engage in, carry on, and conduct any business or business activity of the Corporation wherever situated, within or without the boundaries of the Grand Traverse Band Reservation.
(s) To sue and be sued in its Corporation name in courts of competent jurisdiction within the United States, including, without limitation, the courts of the State of Michigan and the United States of America in conformity with the procedures stated in Article XIII of the GTB Tribal Constitution and Article VII of this Charter [Part 7 of this Chapter].
(t) To do, exercise, and perform any and all other powers which may be incidental to the conduct of the corporate business, not inconsistent with law.
15 Grand Traverse Band Code § 211, 15 GTBC § 211
Current through November 13, 2009
15 GTBC § 212
§ 212. Limitation on Corporate Power
15 Grand Traverse Band Code § 212
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 6. Limitation on Corporate Powers
§ 212. Limitation on Corporate Power
The Corporation shall have no power:
(a) To sell, mortgage, or lease for a period exceeding forty (40) years any trust or restricted lands included in the limits of the Grand Traverse Band Reservation.
(b) To expressly or implicitly enter into agreements of any kind on behalf of the Grand Traverse Band.
(c) To pledge the credit of the Grand Traverse Band.
(d) To dispose of, pledge, or otherwise encumber real or personal property of the Grand Traverse Band.
(e) To waive any right, privilege, or immunity of, or release any obligation owed to, the Grand Traverse Band.
(f) To enter into any sublease or other encumbrance or other instrument respecting lands leased to the Corporation by the Grand Traverse Band without the prior written approval of the Tribal Council of the Grand Traverse Band.
(g) To sell or otherwise dispose of all, or substantially all, of the Corporation's assets, other than in the usual and regular course of its business, without the prior written approval of the Grand Traverse Band Tribal Council, except that the Corporation shall have the power, without such approval, to mortgage the property known as the fee simple lands.
15 Grand Traverse Band Code § 212, 15 GTBC § 212
Current through November 13, 2009
15 GTBC § 213
§ 213. General
15 Grand Traverse Band Code § 213
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 213. General
The properties and assets, both real and personal, of the shareholder, Directors, and officers shall be exempt from the debts and liabilities of the Corporation.
15 Grand Traverse Band Code § 213, 15 GTBC § 213
Current through November 13, 2009
15 GTBC § 214
§ 214. Tribal Assets
15 Grand Traverse Band Code § 214
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 214. Tribal Assets
Nothing in this Charter of Incorporation shall be construed as creating or recognizing any rights to encumber, levy, affix, adjudicate, and/or take judgment against any Tribal assets or property owned by the Grand Traverse Band for any action, adjudication, or determination of liability of the Corporation.
15 Grand Traverse Band Code § 214, 15 GTBC § 214
Current through November 13, 2009
15 GTBC § 215
§ 215. Tribal Sovereign Immunity
15 Grand Traverse Band Code § 215
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 215. Tribal Sovereign Immunity
(a) Any waiver of the Corporation's sovereign immunity, if any, is not intended to be, nor shall it be construed as, a waiver of the sovereign immunity of the Grand Traverse Band, nor shall any such waiver create a liability on the part of the Grand Traverse Band for the debts or obligations of the Corporation.
(b) Any exercise of the Corporation's authority to sue or to be sued shall not be construed or operate as a consent to suit by or against, or to attachment of assets of, the Grand Traverse Band.
15 Grand Traverse Band Code § 215, 15 GTBC § 215
Current through November 13, 2009
15 GTBC § 216
§ 216. Sovereign Immunity of the Corporation
15 Grand Traverse Band Code § 216
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 216. Sovereign Immunity of the Corporation
(a) The Corporation is hereby clothed with all the privileges and immunities of the Grand Traverse Band, except as specifically limited by this Title or other Tribal law, including sovereign immunity from suit in any state, federal or Tribal Court.
(b) Except as provided in this section, nothing in this Charter nor any action of the Tribe or the Corporation shall be deemed or construed to be a waiver of sovereign immunity from suit of the Corporation, or to be a consent of the Tribe or the Corporation to the jurisdiction of the United States or of any state or any other tribe with regard to the business or affairs of the Tribe or the Corporation to any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe or the Corporation, or to be a consent of the Tribe or the Corporation to suit in respect to any Indian land, or to be a consent of the Tribe or the Corporation to the alienation, attachment or encumbrance of any such land.
15 Grand Traverse Band Code § 216, 15 GTBC § 216
Current through November 13, 2009
15 GTBC § 217
§ 217. Sovereign Immunity of the Tribe
15 Grand Traverse Band Code § 217
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 217. Sovereign Immunity of the Tribe
(a) All inherent sovereign rights of the Tribe as a federally-recognized Indian tribe with respect to the existence and activities of the Corporation are hereby expressly reserved, including sovereign immunity from suit in any state, federal or tribal court.
(b) Except as provided in § 218 below, nothing in this Charter nor any action of the Corporation shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe, or to be a consent of the Tribe to the jurisdiction of the United States or of any state or of any other tribe with regard to the business or affairs of the Corporation or the Tribe, or to be a consent of the Tribe to any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe; or to be a consent to suit in respect to any Indian land, or to be a consent to the alienation, attachment or encumbrance of any such land.
15 Grand Traverse Band Code § 217, 15 GTBC § 217
Current through November 13, 2009
15 GTBC § 218
§ 218. Waiver of Sovereign Immunity of the Corporation
15 Grand Traverse Band Code § 218
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 7. Limited Liability
§ 218. Waiver of Sovereign Immunity of the Corporation
(a) Sovereign immunity of the Corporation may be waived only by express resolutions of both the Corporation and the GTB Tribal Council after consultation with the tribe's attorneys.
(b) All waivers of sovereign immunity must be preserved by resolutions of the Corporation and the Tribal Council of continuing force and effect.
(c) Waivers of sovereign immunity are disfavored and shall be granted only when necessary to secure a substantial advantage or benefit to the Corporation.
(d) Waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds, if any, of the Corporation subject thereto, court having jurisdiction pursuant thereto and law applicable thereto.
(e) Neither the power to sue and be sued provided in § 211(s), Corporate Powers, nor any express waiver of sovereign immunity by resolution of the Corporation shall be deemed a consent to the levy of any judgment, lien or attachment upon property of the Corporation other than property specifically pledged or assigned, or a consent to suit with respect to any land within the exterior boundaries of the Reservation or a consent to the alienation, attachment or encumbrance of any such land.
15 Grand Traverse Band Code § 218, 15 GTBC § 218
Current through November 13, 2009
15 GTBC § 219
§ 219. Sole Shareholder
15 Grand Traverse Band Code § 219
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 8. Sole Shareholder
§ 219. Sole Shareholder
The sole shareholder of the Corporation shall be the Grand Traverse Band.
15 Grand Traverse Band Code § 219, 15 GTBC § 219
Current through November 13, 2009
15 GTBC § 220
§ 220. Shareholder Shall Act Through Its Tribal Council
15 Grand Traverse Band Code § 220
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 8. Sole Shareholder
§ 220. Shareholder Shall Act Through Its Tribal Council
The sole shareholder shall act through its Tribal Council pursuant to the laws of the Grand Traverse Band.
15 Grand Traverse Band Code § 220, 15 GTBC § 220
Current through November 13, 2009
15 GTBC § 221
§ 221. Annual Meeting
15 Grand Traverse Band Code § 221
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 8. Sole Shareholder
§ 221. Annual Meeting
(a) The annual meeting of the shareholder shall be held on the 20th day in the month of June beginning with the year 1997, at the hour of 10:00 a.m., for the purpose of appointing Directors and the transaction of any business that may come before the meeting.
(b) If the day fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next succeeding business day.
(c) If the appointment of Directors shall not be held on the date designated herein for any meeting of the shareholder, or at any adjournment thereof, the Board of Directors shall cause the appointment to be held at a special meeting of the shareholder as soon thereafter as is convenient.
15 Grand Traverse Band Code § 221, 15 GTBC § 221
Current through November 13, 2009
15 GTBC § 222
§ 222. Special Meetings
15 Grand Traverse Band Code § 222
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 8. Sole Shareholder
§ 222. Special Meetings
(a) Special meetings of the shareholder, for any purpose or purposes, unless otherwise prescribed by applicable law, may be called by a majority of the Directors, upon ten (10) days notice to the shareholder, such notice to contain a statement of the business to be transacted at such meeting, and to be served personally or mailed through the U.S. Post Office addressed to the Tribal Chair of the Grand Traverse Band; but at any meeting of the Tribal Council of the Grand Traverse Band at which a quorum of the Tribal Council is present, the giving of notice as above described may be dispensed with.
(b) Any business, in addition to that specified in the notice of the meeting, may be transacted at any special meeting of the shareholder with the consent of the Tribal Council of the Grand Traverse Band.
15 Grand Traverse Band Code § 222, 15 GTBC § 222
Current through November 13, 2009
15 GTBC § 223
§ 223. Voting
15 Grand Traverse Band Code § 223
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 8. Sole Shareholder
§ 223. Voting
At all meetings of the shareholder all questions shall be determined in the manner provided by the laws of the Grand Traverse Band for actions of its Tribal Council, or by any applicable federal law.
15 Grand Traverse Band Code § 223, 15 GTBC § 223
Current through November 13, 2009
15 GTBC § 224
§ 224. Affairs and Management of the Corporation
15 Grand Traverse Band Code § 224
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 224. Affairs and Management of the Corporation
The affairs and management of the Corporation shall be under the control of its Board of Directors, which shall have the full power and authority to manage and operate the Corporation in accordance with this Charter of Incorporation.
15 Grand Traverse Band Code § 224, 15 GTBC § 224
Current through November 13, 2009
15 GTBC § 225
§ 225. Number
15 Grand Traverse Band Code § 225
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 225. Number
The initial Board of Directors shall consist of seven (7) members appointed by the Tribal Council of the Grand Traverse Band, but the number of Directors may thereafter be increased or decreased at any time by a duly adopted resolution of the shareholder.
15 Grand Traverse Band Code § 225, 15 GTBC § 225
Current through November 13, 2009
15 GTBC § 226
§ 226. How Appointed
15 Grand Traverse Band Code § 226
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 226. How Appointed
(a) At the annual meeting of the shareholder, the seven (7) persons appointed by the Tribal Council shall be Directors and shall constitute the Board of Directors for the ensuing year.
(b) The Tribal Council at the annual meeting of the shareholder shall designate one member of the Board of Directors as the Chairperson of the Board of Directors and one member of the Board of Directors as the Vice Chairperson.
15 Grand Traverse Band Code § 226, 15 GTBC § 226
Current through November 13, 2009
15 GTBC § 227
§ 227. Term of Office
15 Grand Traverse Band Code § 227
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 227. Term of Office
(a) The Directors shall be appointed for terms of two years each, and until his or her successor has been duly nominated and elected and has qualified and taken office.
(b) A Director may serve any number of consecutive two-year terms for which he or she is appointed.
15 Grand Traverse Band Code § 227, 15 GTBC § 227
Current through November 13, 2009
15 GTBC § 228
§ 228. Qualifications of Directors
15 Grand Traverse Band Code § 228
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 228. Qualifications of Directors
(a) All Directors shall be members of the Grand Traverse Band, as determined by the laws of the Grand Traverse Band.
(b) All Directors must pass a mandatory background investigation to determine their suitability for the directorship position.
(1) A felony conviction, theft-related misdemeanor or the commission and/or conviction of a crime of violence shall be disqualifying.
(c) No employee of the Corporation managed enterprises shall be eligible to serve as a Director during the time of such employment.
(d) No more than two (2) of the Directors may serve concurrently on the Board of Directors of the Corporation and on the Tribal Council of the Grand Traverse Band or the board of any other corporation owned by the Grand Traverse Band.
15 Grand Traverse Band Code § 228, 15 GTBC § 228
Current through November 13, 2009
15 GTBC § 229
§ 229. Duties of Directors
15 Grand Traverse Band Code § 229
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 229. Duties of Directors
(a) The Board of Directors shall manage the general affairs and business of the Corporation.
(b) The Directors shall in all cases act as a Board of Directors, regularly convened, by a majority vote, and they may adopt such rules and regulations for the conduct of their meetings and the management of the Corporation as they may deem proper, not inconsistent with this Charter of Incorporation, the Bylaws of the Corporation, and applicable Tribal or federal law.
(c) The Vice–Chairperson shall assume the duties of the Chairperson in the absence of the Chairperson.
15 Grand Traverse Band Code § 229, 15 GTBC § 229
Current through November 13, 2009
15 GTBC § 230
§ 230. Director's Meetings
15 Grand Traverse Band Code § 230
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 230. Director's Meetings
(a) Regular meetings of the Board of Directors shall be held immediately following the annual meetings of the shareholder.
(b) Special meetings of the Board of Directors may be called by the Chairperson of the Board of Directors or the C.E.O. of the Corporation at any time, and shall be called by the President or the Secretary upon the request of two Directors.
15 Grand Traverse Band Code § 230, 15 GTBC § 230
Current through November 13, 2009
15 GTBC § 231
§ 231. Notice of Meetings
15 Grand Traverse Band Code § 231
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 231. Notice of Meetings
(a) Notice of meetings, other than the regular annual meeting, shall be given by service upon each Director in person, or by mailing to the last known post office address of the Director, at least ten (10) days before the date therein designated for such meeting, including the day of mailing, of a written or printed notice thereof specifying the time and place of such meeting, and the business to be brought before the meeting.
(b) At any meeting at which every member of the Board of Directors shall be present, whether held with or without notice, any business may be transacted which might have been transacted if the meeting had been duly called.
15 Grand Traverse Band Code § 231, 15 GTBC § 231
Current through November 13, 2009
15 GTBC § 232
§ 232. Quorum
15 Grand Traverse Band Code § 232
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 232. Quorum
At a meeting of the Board of Directors, a majority of the Board shall constitute a quorum for the transaction of business; but in the event of a quorum not being present, a lesser number may adjourn the meeting from time to time without further notice.
15 Grand Traverse Band Code § 232, 15 GTBC § 232
Current through November 13, 2009
15 GTBC § 233
§ 233. Voting
15 Grand Traverse Band Code § 233
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 233. Voting
At a meeting of the Board of Directors, each Director shall have one vote.
15 Grand Traverse Band Code § 233, 15 GTBC § 233
Current through November 13, 2009
15 GTBC § 234
§ 234. Presumption of Assent
15 Grand Traverse Band Code § 234
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 234. Presumption of Assent
(a) A Director who is present at a meeting of the Board of Directors at which action on any matter is taken shall be presumed to have assented to the action taken, unless a dissent to such action shall be entered in the minutes of the meeting, or unless the Director shall file a written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof, or shall forward such dissent by registered or certified mail to the Secretary of the Corporation immediately after the adjournment of the meeting.
(b) Such right to dissent shall not apply to a Director who voted in favor of such action.
15 Grand Traverse Band Code § 234, 15 GTBC § 234
Current through November 13, 2009
15 GTBC § 235
§ 235. Resignation and Removal of Directors
15 Grand Traverse Band Code § 235
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 235. Resignation and Removal of Directors
(a) Any Director may resign at any time by giving written notice to the C.E.O. of the Corporation, and such resignation shall be effective on the date specified in the notice.
(b) Any one or more of the Directors may be removed either with or without cause, at any time by a vote of the shareholder, at any special meeting of the shareholder called for that purpose, or at the annual meeting of the shareholder.
15 Grand Traverse Band Code § 235, 15 GTBC § 235
Current through November 13, 2009
15 GTBC § 236
§ 236. Vacancies
15 Grand Traverse Band Code § 236
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 236. Vacancies
(a) Whenever any vacancy shall occur in the Board of Directors by death, resignation, removal, or otherwise, the same shall be filled without undue delay by the shareholder at a special meeting which shall be called for that purpose.
(b) Such appointment shall be held within sixty (60) days after the occurrence of such vacancy.
(c) The person so appointed shall hold office until the next annual meeting of the Board of Directors and until his or her successor shall have been duly nominated and appointed, and shall have qualified and taken office.
15 Grand Traverse Band Code § 236, 15 GTBC § 236
Current through November 13, 2009
15 GTBC § 237
§ 237. Action Without a Meeting
15 Grand Traverse Band Code § 237
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 237. Action Without a Meeting
Any action required or permitted to be taken by the Board of Directors at a meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members of the Board of Directors.
15 Grand Traverse Band Code § 237, 15 GTBC § 237
Current through November 13, 2009
15 GTBC § 238
§ 238. Initial Board of Directors
15 Grand Traverse Band Code § 238
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 9. Board of Directors
§ 238. Initial Board of Directors
The initial Board of Directors of the Corporation shall consist of the following persons, who shall serve until the first annual meeting of the shareholder and thereafter until their successors have been duly nominated and appointed, and shall have qualified and taken office:
Name |
Address |
George E. Bennett, Tribal Chairman |
2605 N. West Bayshore Drive |
Suttons Bay, MI 49682 |
[1 Tribal Councilor]
[5 Tribal members appointed by Tribal Council]
15 Grand Traverse Band Code § 238, 15 GTBC § 238
Current through November 13, 2009
15 GTBC § 239
§ 239. General
15 Grand Traverse Band Code § 239
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 239. General
(a) The officers of the Corporation shall be employees of the Grand Traverse Band Economic Development Corporation.
(b) The officers shall be Chief Executive Officer, Assistant Executive Officer, Chief Financial Officer and Treasurer, Secretary and Records Keeper, and General Counsel.
(c) The Board of Directors may by resolution add additional officer positions at any time and appoint qualified candidates to fill such positions.
15 Grand Traverse Band Code § 239, 15 GTBC § 239
Current through November 13, 2009
15 GTBC § 240
§ 240. Appointment
15 Grand Traverse Band Code § 240
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 240. Appointment
All officers of the Corporation shall be appointed by the Board of Directors and shall hold office for the term of their respective employment contracts.
15 Grand Traverse Band Code § 240, 15 GTBC § 240
Current through November 13, 2009
15 GTBC § 241
§ 241. Resignation and Removal of Officers
15 Grand Traverse Band Code § 241
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 241. Resignation and Removal of Officers
(a) Any officer may resign at any time by giving written notice to the Chairperson of the Board of Directors, and such resignation shall be effective on the date specified in the notice.
(b) Any one or more of the officers may be removed with or without cause, at any time, by a majority vote of the Board of Directors at any special meeting called for that purpose, or at the annual meeting.
(c) The terms of the officers employment contract shall be honored as liquidated damages.
15 Grand Traverse Band Code § 241, 15 GTBC § 241
Current through November 13, 2009
15 GTBC § 242
§ 242. Vacancies
15 Grand Traverse Band Code § 242
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 242. Vacancies
All vacancies in any office shall be filled by the Board of Directors without undue delay, at any regular meeting or at a meeting specially called for that purpose, for the unexpired portion of the term.
15 Grand Traverse Band Code § 242, 15 GTBC § 242
Current through November 13, 2009
15 GTBC § 243
§ 243. The Chief Executive Officer
15 Grand Traverse Band Code § 243
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 243. The Chief Executive Officer
(a) The C.E.O. shall be the chief executive officer of the Corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the Corporation on a day-to-day basis.
(b) He or she shall, when present, preside at all meetings of the Board of Directors.
(c) He or she may sign, without the Secretary or other officer of the Corporation, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of chief executive officer and such other duties as may be prescribed by the Board of Directors from time to time.
15 Grand Traverse Band Code § 243, 15 GTBC § 243
Current through November 13, 2009
15 GTBC § 244
§ 244. The Assistant Executive Officer
15 Grand Traverse Band Code § 244
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 244. The Assistant Executive Officer
(a) In the absence of the C.E.O., or in the event of his or her death or inability to act, the Assistant Executive Officer (or in the event there be more than one A.E.O., the A.E.O. in the order designated at the time of their appointment, or in the absence of any designation, then in the order of their appointment), shall perform the duties of the C.E.O., and when so acting, shall have all the powers of and be subject to all the restrictions upon the C.E.O.
(b) Any A.E.O. shall perform such other duties as from time to time may be assigned to him or her by the Board of Directors.
15 Grand Traverse Band Code § 244, 15 GTBC § 244
Current through November 13, 2009
15 GTBC § 245
§ 245. The Secretary and Records Keeper
15 Grand Traverse Band Code § 245
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 245. The Secretary and Records Keeper
The Secretary shall:
(a) keep the minutes of the proceedings of the Board of Directors in one or more books provided for that purpose;
(b) see that all notices are duly given in accordance with the provisions of this Charter of Incorporation, or as required by law;
(c) be custodian of the corporate records and of the seal of the Corporation and see that the seal of the Corporation is affixed, if required by law or if otherwise appropriate, to all documents the execution of which on behalf of the Corporation under its seal is duly authorized; and
(d) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the Board of Directors.
15 Grand Traverse Band Code § 245, 15 GTBC § 245
Current through November 13, 2009
15 GTBC § 246
§ 246. The Chief Financial Officer and Treasurer
15 Grand Traverse Band Code § 246
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 246. The Chief Financial Officer and Treasurer
(a) The C.F.O. Treasurer shall:
(1) have charge and custody of and be responsible for all funds and securities of the Corporation;
(2) receive and give receipts for monies due and payable to the Corporation from any source whatsoever, and deposit all such monies in the name of the Corporation from any source whatsoever, and deposit all such monies in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors; and
(3) in general perform all of the duties incident to the office of C.F.O. Treasurer and such other duties as from time to time may be assigned to him or her by the Board of Directors.
(b) If required by the Board of Directors, the C.F.O. Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board of Directors shall determine.
15 Grand Traverse Band Code § 246, 15 GTBC § 246
Current through November 13, 2009
15 GTBC § 247
§ 247. General Counsel
15 Grand Traverse Band Code § 247
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 247. General Counsel
The General Counsel shall provide legal advice and opinions on corporate matters of the Corporation and act as the legal representative of the Corporation in all matters related to the management or litigation conducted by the Corporation or filed against the Corporation.
15 Grand Traverse Band Code § 247, 15 GTBC § 247
Current through November 13, 2009
15 GTBC § 248
§ 248. Salaries or Other Compensation
15 Grand Traverse Band Code § 248
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 10. Officers
§ 248. Salaries or Other Compensation
The salaries or other compensation of the officers shall be fixed from time to time by the Board of Directors.
15 Grand Traverse Band Code § 248, 15 GTBC § 248
Current through November 13, 2009
15 GTBC § 249
§ 249. Liability Indemnification
15 Grand Traverse Band Code § 249
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 11. Indemnification of Directors, Officers, Employees, and Agents
§ 249. Liability Indemnification
The Corporation shall indemnify any current or former Director, officer, employee, or agent of the Corporation, or any person who is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, limited liability company, or other enterprise, against any liability asserted against him or her, including all reasonable expenses actually and necessarily incurred by him or her in connection therewith in the defense of any action, suit, or proceeding in which he or she is made a party, or is threatened to be made a party, by reason of being, or having been such a director, officer, employee, or agent, and the reasonable costs of settlement of any such action, suit, or proceeding, whether pending or threatened, if a majority of the Board of Directors not seeking indemnification shall determine in good faith:
(a) That such person did not act, fail to act, or refuse to act willfully or with gross negligence, or with fraudulent or criminal intent.
(b) That any legal fees paid or any settlements made are reasonable.
(c) That the person seeking indemnification did not act beyond the scope of his or her employment or office.
15 Grand Traverse Band Code § 249, 15 GTBC § 249
Current through November 13, 2009
15 GTBC § 250
§ 250. Defense Costs Reimbursement
15 Grand Traverse Band Code § 250
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 11. Indemnification of Directors, Officers, Employees, and Agents
§ 250. Defense Costs Reimbursement
(a) The Corporation shall also reimburse any current or former Director, officer, employee, or agent of the Corporation, or any person who may have served at its request as a director, officer, employee, or agent of another corporation, partnership, limited liability company, or other enterprise, for reasonable costs of defense and of settlement of any such action, suit, or proceeding, whether pending or threatened, if it shall be found by a majority of the Board of Directors, other than Board members involved in the matter in controversy, that it is in the best interests of the Grand Traverse Band that such settlement be made and that:
(1) such person did not act, fail to act, or refuse to act, willfully or with gross negligence, or with fraudulent or criminal intent, and
(2) that any legal fees paid or any settlements made are reasonable.
(b) In the event that less than a quorum of the Board of Directors is not involved in the matter in controversy within the meaning of § 249 or § 250(a), the decision whether to indemnify Board members under § 249 or to reimburse Board members under § 250(a) shall be made by the Tribal Council of the Grand Traverse Band.
15 Grand Traverse Band Code § 250, 15 GTBC § 250
Current through November 13, 2009
15 GTBC § 251
§ 251. GTB Sole Owner and Shareholder
15 Grand Traverse Band Code § 251
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 12. Ownership of Corporation
§ 251. GTB Sole Owner and Shareholder
(a) The Corporation shall be wholly owned by the Grand Traverse Band for the benefit of the Grand Traverse Band and its members.
(b) The Grand Traverse Band shall be the sole shareholder of the Corporation.
(c) No individual or other legal entity, except only the Grand Traverse Band, shall acquire any shares of the Corporation.
15 Grand Traverse Band Code § 251, 15 GTBC § 251
Current through November 13, 2009
15 GTBC § 252
§ 252. Exercise of Ownership Rights
15 Grand Traverse Band Code § 252
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 12. Ownership of Corporation
§ 252. Exercise of Ownership Rights
(a) The sole shareholder shall exercise its ownership rights through its Tribal Council, in accordance with applicable Tribal law.
(b) No individual member of the Tribal Council of the Grand Traverse Band, or individual member of the Grand Traverse Band, or any other person whomsoever, shall be recognized as acting as or on behalf of the sole shareholder.
15 Grand Traverse Band Code § 252, 15 GTBC § 252
Current through November 13, 2009
15 GTBC § 253
§ 253. Prohibition on Sale or Transfer of Shares without Consent
15 Grand Traverse Band Code § 253
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 12. Ownership of Corporation
§ 253. Prohibition on Sale or Transfer of Shares without Consent
The sole shareholder shall be the Grand Traverse Band, and no interest in the shares of the Corporation may be sold, transferred, pledged, or hypothecated, either voluntarily or involuntarily, without the prior written consent of the Grand Traverse Band Tribal Council, and the approval of the Secretary of the Interior.
15 Grand Traverse Band Code § 253, 15 GTBC § 253
Current through November 13, 2009
15 GTBC § 254
§ 254. Tribal Council as Shareholder Representative
15 Grand Traverse Band Code § 254
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 12. Ownership of Corporation
§ 254. Tribal Council as Shareholder Representative
(a) The sole right and authority to represent the Grand Traverse Band in voting its shares in the Corporation shall be vested in the Grand Traverse Band Tribal Council.
(b) The decision of a majority of the members of the Grand Traverse Band Tribal Council voting at any duly called and noticed meeting at which a quorum is present, or otherwise in accordance with the Grand Traverse Band Constitution, shall be the decision and vote of the Grand Traverse Band in exercise of its authority as the sole shareholder of the Corporation.
15 Grand Traverse Band Code § 254, 15 GTBC § 254
Current through November 13, 2009
15 GTBC § 255
§ 255. Profit Declaration and Distribution
15 Grand Traverse Band Code § 255
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 13. Dividends
§ 255. Profit Declaration and Distribution
(a) The Board of Directors shall declare and pay profits in accord with the Revenue Allocation Ordinance of the Grand Traverse Band.
(b) Non-gaming retained earnings, or other available funds of the Corporation may be declared and paid whenever, in Board of Director's opinion, the condition of the Corporation's affairs will render it expedient for such dividends to be declared and paid; provided that no distribution may be made if:
(1) The Corporation would not be able to pay its debts as they become due in the usual course of its business; or
(2) The Corporation's total assets would be less than the sum of its total liabilities.
15 Grand Traverse Band Code § 255, 15 GTBC § 255
Current through November 13, 2009
15 GTBC § 256
§ 256. Dividends from Non–Gaming Funds
15 Grand Traverse Band Code § 256
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 13. Dividends
§ 256. Dividends from Non–Gaming Funds
All dividends from non-gaming funds declared by the Board of Directors shall be paid to the Grand Traverse Band as the sole shareholder.
15 Grand Traverse Band Code § 256, 15 GTBC § 256
Current through November 13, 2009
15 GTBC § 257
§ 257. Books and Records
15 Grand Traverse Band Code § 257
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 257. Books and Records
(a) The Corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Board of Directors.
(b) Any books, records and minutes may be in written form or in any other form capable of being converted into written form within a reasonable time.
15 Grand Traverse Band Code § 257, 15 GTBC § 257
Current through November 13, 2009
15 GTBC § 258
§ 258. Financial Reports
15 Grand Traverse Band Code § 258
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 258. Financial Reports
(a) The Corporation must file an annual audited financial statement with the Tribal Council.
(b) The audited financial statement must include all income from whatever sources, including but not limited to federal, state or private grants, enterprises, profits, and all expenditures of whatever nature.
(c) All financial records of the Corporation are considered the public property of the Grand Traverse Band of Ottawa and Chippewa Indians.
(d) Access to the financial records shall be determined and controlled by the Grand Traverse Band Tribal Council.
(1) In no event shall access to financial records be denied to a Tribal Councilor acting pursuant to Tribal Council authority.
(2) Such financial statements may be consolidated statements of the Corporation and one or more of its subsidiaries.
15 Grand Traverse Band Code § 258, 15 GTBC § 258
Current through November 13, 2009
15 GTBC § 259
§ 259. Maintenance of Financial Records
15 Grand Traverse Band Code § 259
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 259. Maintenance of Financial Records
The Corporation shall maintain its financial records in conformity with generally accepted accounting principles.
15 Grand Traverse Band Code § 259, 15 GTBC § 259
Current through November 13, 2009
15 GTBC § 260
§ 260. Reports to Shareholders
15 Grand Traverse Band Code § 260
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 260. Reports to Shareholders
The Board of Directors of the Corporation shall, no less frequently than quarterly, report in writing to the shareholder on the financial and operating condition of the Corporation, including its assets, liabilities, and operating results.
15 Grand Traverse Band Code § 260, 15 GTBC § 260
Current through November 13, 2009
15 GTBC § 261
§ 261. Financial and Operating Records
15 Grand Traverse Band Code § 261
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 261. Financial and Operating Records
The financial and operating records of the Corporation shall at all reasonable times be open to inspection by the representative(s) of the shareholder designated by resolution of the Tribal Council of the Grand Traverse Band.
15 Grand Traverse Band Code § 261, 15 GTBC § 261
Current through November 13, 2009
15 GTBC § 262
§ 262. Audited Financial Statements
15 Grand Traverse Band Code § 262
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 14. Books and Records; Financial Reports
§ 262. Audited Financial Statements
The Corporation shall, within one hundred twenty (120) days following the close of the Corporation's fiscal year, submit to the shareholder an audited (or unaudited if approved by the shareholder) financial statement reflecting the financial status of the Corporation as of the last day of the Corporation's fiscal year.
15 Grand Traverse Band Code § 262, 15 GTBC § 262
Current through November 13, 2009
15 GTBC § 263
§ 263. Insurance Coverage
15 Grand Traverse Band Code § 263
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 15. Insurance
§ 263. Insurance Coverage
(a) All appropriate insurance, including comprehensive general liability, physical damage, and workers' compensation insurance, reasonably sufficient to protect the interests of the Corporation and the Grand Traverse Band from all insurable liability and other risks shall be carried on all enterprises, properties, and persons under the jurisdiction or management of the Corporation, including all employees of the Corporation, insofar as such insurance is reasonably obtainable by the Corporation.
(b) The Corporation shall have the power to obtain and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, limited liability company, or other enterprise, against all liability asserted against him or her and incurred by him or her in such capacity or arising out of his or her status in such capacity.
15 Grand Traverse Band Code § 263, 15 GTBC § 263
Current through November 13, 2009
15 GTBC § 264
§ 264. Principal Office Address; Agent for Service of Process
15 Grand Traverse Band Code § 264
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 16. Principal Office and Agent for Service of Process
§ 264. Principal Office Address; Agent for Service of Process
(a) The address of the principal office of the Corporation shall be the Grand Traverse Band Economic Development Corporation, 2331 N. West Bayshore Drive, Suttons Bay, Michigan 49682, the mailing address being the same as the aforementioned address.
(b) The agent of the Corporation for service of process and otherwise at such address is the C.E.O.
15 Grand Traverse Band Code § 264, 15 GTBC § 264
Current through November 13, 2009
15 GTBC § 265
§ 265. Assets and Properties of Grand Traverse Band
15 Grand Traverse Band Code § 265
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 17. Claims Against The Corporation
§ 265. Assets and Properties of Grand Traverse Band
Nothing in this Charter of Incorporation shall be construed as creating or recognizing any right to encumber, levy, affix, adjudicate, or take judgment against any assets or properties of the Grand Traverse Band for any action, adjudication, or other determination of liability of any nature incurred by the Corporation, but all assets and properties of the Corporation shall be available for such purpose, subject to valid prior liens, if any.
15 Grand Traverse Band Code § 265, 15 GTBC § 265
Current through November 13, 2009
15 GTBC § 266
§ 266. Waiver on Part of Corporation not Waiver on Part of GTB
15 Grand Traverse Band Code § 266
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 17. Claims Against The Corporation
§ 266. Waiver on Part of Corporation not Waiver on Part of GTB
(a) The waiver by the Corporation of any defense of sovereign immunity shall not be construed as a waiver of the sovereign immunity of the Grand Traverse Band, nor shall any such waiver by the Corporation create any liability on the part of the Grand Traverse Band for the debts and obligations of the Corporation.
(b) Any exercise by the Corporation of its power to sue shall not be construed to suit by or against, or to the attachment of any asset of, the Grand Traverse Band.
15 Grand Traverse Band Code § 266, 15 GTBC § 266
Current through November 13, 2009
15 GTBC § 267
§ 267. Petitioning for Amendments; Secretarial Approval
15 Grand Traverse Band Code § 267
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 18. Amendment of Charter of Incorporation
§ 267. Petitioning for Amendments; Secretarial Approval
The authority to petition for amendments to this Charter of Incorporation is vested in the Tribal Council of the Grand Traverse Band, but such amendments shall have no legal effect until approved by the Secretary of the Interior and ratified by the Tribal Council of the Grand Traverse Band, as the governing body of the Grand Traverse Band, in accordance with 25 U.S.C. § 477, as amended, and in accordance with applicable Tribal law.
15 Grand Traverse Band Code § 267, 15 GTBC § 267
Current through November 13, 2009
15 GTBC § 268
§ 268. Tribal Council Final Decisionmaker for Amendments
15 Grand Traverse Band Code § 268
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 2. GTB Economic Development Corporation-- Federal Charter of Incorporation
Part 18. Amendment of Charter of Incorporation
§ 268. Tribal Council Final Decisionmaker for Amendments
The Board of Directors may request the Tribal Council of the Grand Traverse Band to petition the Secretary of the Interior for amendments to this Charter of Incorporation, but the final decision on submitting any such petition shall be made by the Tribal Council of the Grand Traverse Band.
History: Federal charter signed by Kevin Gover, Assistant Secretary of the Interior for Indian Affairs, on October 23, 1998.
15 Grand Traverse Band Code § 268, 15 GTBC § 268
Current through November 13, 2009
15 Grand Traverse Band Code Refs & Annos
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 3. (Reserved)
GENERAL NOTES
History: Former Chapter 3, Wages for Tribal Enterprise Employees, adopted by Tribal Act #90–823, enacted by Tribal Council on March 31, 1990, was REPEALED by Tribal Act #97–15.511, enacted by Tribal Council on November 10, 1997.
15 Grand Traverse Band Code Refs & Annos, 15 GTBC Refs & Annos
Current through November 13, 2009
15 GTBC § 401
§ 401. Establishment of GTB Construction Company
15 Grand Traverse Band Code § 401
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 4. GTB Construction Company
§ 401. Establishment of GTB Construction Company
(a) The Tribal Council hereby charters the GTB Construction Company for the purposes of developing a construction enterprise with independent authority to bid on construction projects within the tribe's federal reservation and six (6) county services area.
(b) Said GTB Construction Company shall be governed by the attached By–Laws, adopted and approved by the Grand Traverse Band Tribal Council.
History: Tribal Act #89–764, enacted by Tribal Council on September 16, 1989.
15 Grand Traverse Band Code § 401, 15 GTBC § 401
Current through November 13, 2009
15 GTBC § 501
§ 501. Establishment of GTB Leasing Company
15 Grand Traverse Band Code § 501
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 5. GTB Rental and Leasing Company
§ 501. Establishment of GTB Leasing Company
The Grand Traverse Band establishes the “GTB Rental and Leasing Company” for the purposes of purchasing and renting/leasing supplies and equipment both within and outside the Tribal administrative structure.
History: Tribal Act #83–155, enacted by Tribal Council on December 16, 1983.
15 Grand Traverse Band Code § 501, 15 GTBC § 501
Current through November 13, 2009
15 Grand Traverse Band Code Refs & Annos
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 6. (Reserved)
GENERAL NOTES
History: Former Chapter 6--Exclusive Monopoly License and Credit Enhancement--adopted by Tribal Act #03–21.1228, enacted by Tribal Council polling on March 27, 2003; as amended 11–19–2003 by Tribal Act #03–21.1327, was REPEALED by Tribal Council on 2–16–2006 by Tribal Act #06–24.1635.
15 Grand Traverse Band Code Refs & Annos, 15 GTBC Refs & Annos
Current through November 13, 2009
15 GTBC § 701
§ 701. Definitions
15 Grand Traverse Band Code § 701
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 701. Definitions
When used in this Ordinance, the following terms have the following meanings:
(a) “Compact” means the Tribal–State Compact Between the Grand Traverse Band of Ottawa and Chippewa Indians and the State of Michigan, concerning which approval by the Secretary of Interior was published on November 30, 1993, in the Federal Register (58 Fed. Reg. 63262), as the same may be amended or supplemented from time to time, and any replacement or substitute therefor.
(b) “Effective Date” means the first date on which each of the following shall have occurred: (i) this Ordinance has been duly adopted by the Tribal Council and declared effective immediately in accordance with 1 GTBC § 108(a); and (ii) all licenses required under the Compact, IGRA or any other applicable law or regulation required for the EDC to engage in the gaming business have been obtained in the name of the EDC.
(c) “EDC” means the Grand Traverse Band Economic Development Corporation organized in accordance with Section 17 of the Indian Reorganization Act (25 U.S.C. § 447) on October 23, 1998.
(d) “EDC Board” means the governing body of the EDC.
(e) “Financing” means the “Financing” defined in the document entitled “Grand Traverse Band of Ottawa and Chippewa Indians: $85,000,000 Senior Secured Credit Facilities,” dated February 2003, and prepared by National City and Banc One Capital Markets, Inc.
(f) “Financing Documents” means the “Financing Documents” defined in Tribal Council Resolution No. 03–21.1220, dated March 24, 2003, as the same may be amended or supplemented from time to time.
(g) “Gaming Business” means Class II and Class III gaming (as such terms are defined in IGRA) and resort business and any activity or business incidental, directly related or similar thereto, or any business or activity that is a reasonable extension, development or expansion thereof or ancillary thereto, including any hotel, entertainment, recreation or other activity or business designed to promote, market, support, develop, construct or enhance the casino gaming and resort business operated by or on behalf of the Tribe or the EDC.
(h) “Gaming–Related Personal Property” means all property and property interests of any nature (other than real property or interests in real property) used or intended to be used on or after the effective date in the gaming business.
(i) “Gaming–Related Obligations” means all obligations of any nature, whether arising from contract, indebtedness owing or otherwise, of the Tribe or any agency, enterprise, authority, controlled entity or instrumentality of the Tribe, arising from or incurred in connection with the gaming business; payable from revenues of the gaming business; or secured by gaming-related personal property.
(j) “Gaming–Related Rights” means all rights of any nature, whether arising from contract, indebtedness owing or otherwise, of the Tribe or any agency, enterprise, authority, controlled entity or instrumentality of the Tribe, arising from or related in any manner to the gaming business.
(k) “IGRA” means the federal Indian Gaming Regulatory Act of 1988, Public Law 100–497, as amended from time to time.
(l) “Tribal Constitution” means the Constitution of the Grand Traverse Band of Ottawa and Chippewa Indians adopted by members of the Tribe and certified by the Assistant Secretary of the Interior on or about March 29, 1988, as duly amended from time to time.
(m) “Tribal Council” means the Tribal Council referred to in the Tribal Constitution.
(n) “Tribe” means the Grand Traverse Band of Ottawa and Chippewa Indians, a federally recognized Indian tribe.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 701, 15 GTBC § 701
Current through November 13, 2009
15 GTBC § 702
§ 702. Tribal and EDC Authority
15 Grand Traverse Band Code § 702
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 702. Tribal and EDC Authority
(a) Gaming Compact. The Tribe has a gaming compact with the State of Michigan to conduct Class III gaming that was approved by the Secretary of the Interior on November 30, 1998.
(b) Gaming Code. The Tribe implements and administers the Gaming Code (Grand Traverse Band Code, Title 18). The Gaming Code was approved by the National Indian Gaming Commission on June 13, 1994 (Letter from Anthony J. Hope to John F. Petoskey) and, as amended, on July 28, 1997 (Letter from Thomas J. Foley to Richard Bailey).
(c) GTB Gaming Commission. The Tribe established a Gaming Commission (see 18 GTBC, Chapter 4) to regulate and license gaming authorized in accordance with the Compact and the Indian Gaming Regulatory Act (25 U.S.C. s.s. 2701 et seq.) and the implementing regulations promulgated by the National Indian Gaming Commission (25 CFR Parts 500–599).
(d) License. The GTB Gaming Commission licenses the EDC to operate Class III gaming facilities and licenses employees of the Class III gaming facilities. The GTB Gaming Commission also regulates gaming consistent with the regulations of the National Indian Gaming Commission. The GTB Gaming Commission has implemented (1) procedures for background investigations and licensing of key employees; and (2) minimum internal control standards for casino operations in accordance with the regulations of the National Indian Gaming Commission.
(e) NIGC Approval. The National Indian Gaming Commission approved the Gaming Code on June 13, 1994 and, as amended, on July 28, 1997.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 702, 15 GTBC § 702
Current through November 13, 2009
15 GTBC § 703
§ 703. Conveyance of Property and Rights; Assumption of Obligations; Access to Tribal Lands
15 Grand Traverse Band Code § 703
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 703. Conveyance of Property and Rights; Assumption of Obligations; Access to Tribal Lands
(a) On the effective date, without further action or instrument:
(1) All right, title and interest of the Tribe in all gaming-related personal property and gaming-related rights shall be thereupon transferred to and vested in the EDC;
(2) The EDC shall assume and thereafter faithfully discharge all gaming-related obligations, holding the Tribe harmless from any failure of the EDC to perform or comply with the obligations so assumed; and
(3) The Tribe shall cease to employ or engage, and the EDC shall thereupon commence to employ and engage upon the same terms as the Tribe, all employees, agents, consultants, and independent contractors employed or engaged by the Tribe in connection with the gaming business immediately before the effective date.
(b) On and after the effective date, the EDC shall have all rights of access to the lands owned by, leased or licensed to or held in trust for the Tribe, including any improvements thereon, that are necessary or desirable to permit the EDC to exercise its powers as herein permitted or otherwise carry out the purposes of this Ordinance.
(c) As promptly as practicable on or after the effective date, the EDC shall seek to obtain all third-party consents required by any agreement or instrument relating to the foregoing, and take all actions as are necessary or appropriate to effectuate this Ordinance, including the transfer of all bank and securities accounts that are a part of the gaming-related personal property.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 703, 15 GTBC § 703
Current through November 13, 2009
15 GTBC § 704
§ 704. Enumerated Powers
15 Grand Traverse Band Code § 704
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 704. Enumerated Powers
The EDC shall have the following powers with respect to the gaming business, which powers may be exercised in the name of the EDC upon such terms as the EDC shall determine, but which powers may not be exercised in contravention of the financing documents:
(a) To receive, collect and own all revenues and to pay all expenses and expenditures, subject to the obligation to distribute revenues as provided in this Ordinance;
(b) To open and maintain deposit, securities or other accounts with banks or other financial institutions, which accounts shall be separate from the accounts of the Tribe, and no assets in such accounts shall be commingled with the assets of the Tribe;
(c) To acquire by gift, lease or otherwise, and own any now existing or hereafter acquired property or property interest of any nature, and to dispose of by any lawful means any now existing or hereafter acquired property or property interest of the EDC;
(d) To employ all now or hereafter existing gaming-related employees and employ or engage any agents, consultants, or independent contractors, including attorneys and accountants;
(e) To enter into any contract or agreement of any nature with any other party or parties;
(f) To make any filing or file any report or application with any Tribal, state or federal authority;
(g) To incur any form of indebtedness or obligation, including through issuance of debt securities or by means of a guarantee, and to pledge as security for the same any property or rights of the EDC, other than any interest in real property;
(h) To sue and, subject to 15 GTBC § 706 of this Ordinance, to waive the sovereign immunity of the EDC and to agree to and engage in any dispute resolution process;
(i) To develop, construct or equip facilities for use or useful to the gaming business;
(j) To undertake the “Project” and the “Financing” referred to in Tribal Council Resolution No. 03–21.1220, dated March 24, 2003, and to execute, deliver and perform the “Financing Documents” referred to therein;
(k) To take any other action deemed necessary, appropriate or convenient by the EDC for the operation of the gaming business; and
(l) To take any other action as shall be expressly authorized or directed by the Tribal Council.
Any exercise by the EDC of any powers or authority in accordance with this Ordinance shall constitute the exercise of a governmental function of the Tribe.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 704, 15 GTBC § 704
Current through November 13, 2009
15 GTBC § 705
§ 705. Enumerated Limitations
15 Grand Traverse Band Code § 705
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 705. Enumerated Limitations
Notwithstanding any other provision in this Ordinance, the EDC shall not take any of the following actions without written authorization from the Tribal Council:
(a) Waive or purport to waive the sovereign immunity of the Tribe;
(b) Pledge as security for any debt or other obligation any revenues or assets of the Tribe;
(c) Bind the Tribe or create any obligation or liability of the Tribe;
(d) Terminate the operation of any material portion of the gaming business; and
(e) Convey or encumber any interest in real property.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 705, 15 GTBC § 705
Current through November 13, 2009
15 GTBC § 706
§ 706. Application of Revenues
15 Grand Traverse Band Code § 706
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 706. Application of Revenues
All revenues derived from the gaming business that are not required to be applied to or reserved for the operation of the business (including the payment of principal, interest or other amounts on debt of the EDC) or maintenance of related facilities and reserves shall be distributed to the Tribe or its members in accordance with Tribal law. Notwithstanding the foregoing, no revenues of the EDC shall be distributed to the Tribe in contravention of the financing documents referred to in Tribal Council Resolution No. 03–21.1220, dated March 24, 2003.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 706, 15 GTBC § 706
Current through November 13, 2009
15 GTBC § 707
§ 707. Records and Audits
15 Grand Traverse Band Code § 707
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 707. Records and Audits
The EDC shall maintain such books and records with respect to its operations as are customary or required by any applicable legal requirement. The EDC shall cause annual audits of the gaming business in compliance with generally accepted auditing procedures and the preparation of financial statements based thereon in accordance with generally accepted accounting principles, IGRA and the Compact.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 707, 15 GTBC § 707
Current through November 13, 2009
15 GTBC § 708
§ 708. Miscellaneous
15 Grand Traverse Band Code § 708
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code
Title 15. Commerce
Chapter 7. Transfer of Assets Ordinance
§ 708. Miscellaneous
(a) To the extent reasonable, this Ordinance shall be read and interpreted in a manner that is consistent with the Tribal Constitution, but in the event of any inconsistency, the provisions of the Tribal Constitution shall control.
(b) Subject to Subsection (a) of this Section, all provisions of any law, statute, ordinance, resolution or action of the Tribe that are inconsistent with or would frustrate the intent of this Ordinance are hereby repealed.
(c) This Ordinance shall become effective as the law of the Tribe for all purposes on the effective date.
(d) The rights and powers of the EDC created by this Ordinance with respect to the gaming business and the gaming-related personal property shall be exclusive as between the EDC, the Tribe and any other any branch, department, agency, instrumentality, division, subsidiary, enterprise, authority, subsidiary or enterprise of the Tribe.
History: Tribal Act #03–21.1222, enacted by Tribal Council in Special Session on March 24, 2003.
15 Grand Traverse Band Code § 708, 15 GTBC § 708
Current through November 13, 2009