TITLE
14 - CAPITAL IMPROVEMENTS
CHAPTER 1
CAPITAL IMPROVEMENTS AUTHORITY
Section
1. Establishment.
2. Board of Commissioners.
3. Removal of Board members.
4. Compensation.
5. Quorum.
6. Records of Board meetings and actions.
7. Financial records and reports.
8. Meetings.
9. Enumerated powers.
10. Borrowing.
11. Sovereign immunity.
12. Assets and liabilities of the authority.
Historical
and Statutory Notes
The Preamble
of Band Statute 1234-MLC-53 provides:
"It
is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians
a statute to establish and empower the Mille Lacs Capital Improvements
Authority. "
Band Statute
1234-MLC-53, § 7 provides:
"Section
7. Severability. If any provision of this Chapter or its application
to any person or set of circumstances is held invalid, the remainder
of the Chapter or its application to other persons or circumstances
shall not be affected."
§ 1. Establishment
The Mille Lacs Capital Improvements Authority of the Mille Lacs Band
of Chippewa Indians is established as an instrumentality of the Executive
Branch of Tribal Government with these powers expressly delegated by
the Band Assembly. The Capital Improvements Authority of the Mille Lacs
Band of Chippewa Indians is established to acquire, construct, finance,
operate and maintain such public improvements of the Band as may from
time to time be designated by the Band Assembly.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 1.
§ 2. Board of Commissioners
(a)
The affairs of the Capital Improvements Authority shall be managed
by a Board of Commissioners comprised of five persons. The Board members
shall be nominated by the Chief Executive and ratified by the Band
Assembly.
(b)
The Chief Executive shall select three among the Board members who
shall serve a four year term, and two who shall serve a two year term.
Subsequent appointments after these terms expire shall run for four
years. At least one member of the Board shall be a Band member residing
in District 1; at least one member of the Board shall be a Band member
residing in District 2; at least one member of the Board shall be
a Band member residing in District 3. Each member shall hold office
until a successor has been nominated and ratified.
(c)
The Chief Executive shall name one of the Board members as Chair of
the Board. The Board shall select from among its own members a Vice-Chair,
a Secretary and a Treasurer, and any member may hold two of these
positions. In the absence of the Chair, the Vice-Chair shall preside,
and in the absence of both the Chair and the Vice-Chair, the Secretary
shall preside.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.
Cross
References
Designation of Band districts, see 2
MLBSA § 11.
§ 3. Removal of Board members
A member of the Board may be removed from office for just cause as defined
by 4 MLBSA § 15(g).
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.03.
§ 4. Compensation
The Board members shall not receive compensation for their services
but shall be entitled to reasonable reimbursement for their expenses,
including travel expenses, incurred in the discharge of their duties.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.04.
§ 5. Quorum
A majority of the full Board shall constitute a quorum for the transaction
of business, but no Board action shall be taken by a vote of less than
a majority of the full Board.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.05.
§ 6. Records of Board meetings and actions
The Secretary shall keep full and accurate records of all meetings and
actions taken by the Board. Records kept in accordance with this section
shall be prima facie evidence of the information contained therein before
any court of competent jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.06.
§ 7. Financial records and reports
The Treasurer shall keep full and accurate financial records, make periodic
reports to the Board, and submit a complete annual report in written
form to the Band Assembly.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.07.
§ 8. Meetings
Meetings of the Board shall be held as deemed appropriate with an agenda
prepared in advance by the Chair. All proceedings of the Board shall
be open to the public except when an executive session is authorized
by unanimous vote of the Board. All proceedings shall be documented
in writing and copies distributed to the Chief Executive and Band Assembly
not more than five days following each meeting. Meetings may be held
upon twenty-four hours actual notice.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.08.
§ 9. Enumerated powers
The Capital Improvements Authority shall have the following specifically
enumerated powers:
(a)
To adopt and use an official seal;
(b) Subject
to Band Assembly approval, to enter any contracts or agreements with
any governmental agency, Federal, State, local or tribal, or with
any person, partnership, corporation or Indian tribe; and to agree
to any conditions attached to Federal or State financial assistance;
(c) To
lease property from the Band and others for such periods and to hold
and manage or to sublease the same;
(d) To
borrow or lend money, to guarantee the obligations of other tribal
entities of the Band, and to issue evidences of indebtedness in accordance
with 14 MLBSA § 10;
(e) Subject
to Band Assembly approval, to pledge the assets and receipts of the
Authority as security for debts;
(f) Subject
to Band Assembly approval, to acquire, construct, sell, lease as lessor
or lessee, exchange, transfer or assign real or personal property
or interests therein;
(g) To
purchase land or interests in land or take the same by gift, and to
lease land or interests in land to the extent provided by law;
(h) To
prudently invest such funds as are not required for immediate disbursement;
(i) To
establish and maintain such bank accounts as may be necessary or convenient;
(j) To
employ such officers and employees, permanent or temporary, as the
Authority may require, and to delegate to such officers and employees
such powers and duties as the Board deems proper;
(k) To
adopt bylaws which shall be submitted to the Band Assembly for approval;
and
(l) To
take such further actions as are necessary to carry out the purposes
as described in 14 MLBSA § 1.
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 3
§ 10. Borrowing
(a) Subject
to the limitations set forth in this Section, the Authority shall
have the power to borrow money and incur indebtedness, or to guarantee
the indebtedness of another agency, instrumentality or entity of the
Band, by issuing its obligations, in its own name or in the name of
and on behalf of the Mille Lacs Band of Chippewa Indians, for purposes
of acquiring, constructing, maintaining, managing and improving any
public improvements within the territorial jurisdiction of the Band
consistent with the purposes of the Authority. Such obligations shall
be issued and sold in such manner and shall be in the amount and form
and bear interest at the rate or rates set by the Authority. Each
obligation must be approved by the Band Assembly prior to its issuance.
(b)(1)
All obligations incurred under this Section shall be payable solely:
(A) from revenues, income, receipts and profits derived by the
Authority from projects operated by it whether or not the projects
were financed in whole or in part with the proceeds of such obligations;
(B) from all or any part of the revenues of any business conducted
by the Corporate Commission and allocated to the Authority by
the Band Assembly;
(C) from the proceeds of evidences of indebtedness issued and
sold by the Authority which are payable solely from any of such
revenues, income, receipts and profits; or
(D) from federal or state grants or other money received by the
Authority which are available therefor.
(2)
The Authority may further secure these obligations with any assets
of the Authority as the Authority may specifically pledge to the
payment of the obligations.
(c)
The Authority may pledge to the repayment of any such obligations
and the interest coming due thereon any or all of the sources set
forth in subsection (b), but is without power to pledge or encumber
any other revenues, income or assets of the Mille Lacs Band of Chippewa
Indians, or any other organization or instrumentality of the Band
to the repayment of such obligations. The Band Assembly may, if it
deems it to be in the best interests of the Band to do so, pledge
to the payment of any such obligations, or authorize any organization
or instrumentality of the Band to pledge to the payment of such obligations,
any specific revenues, income or assets of the Band or any organization
or instrumentality of the Band as it may deem appropriate. In any
event, no such obligations shall be payable from, nor be a charge
upon, any funds other than the revenues specifically pledged to the
payment thereof, nor shall the Band be liable thereon other than to
the extent specifically provided in accordance with this section.
These limitations shall be expressly stated in each obligation issued
pursuant to this section.
(d)
The Authority, with the approval of the Band Assembly, may provide
for the refunding of any obligation of the Authority through the issuance
of other obligations of the Authority, entitled to rights and priorities
similar in all respects to those held by the obligations that are
refunded.
(e)
In connection with the issuance of any such obligation, the Authority
is authorized to waive its sovereign immunity from suit should an
action be commenced to enforce the terms of the obligation, and to
consent to the jurisdiction of the courts of the United States of
America or the State of Minnesota in connection with any such action;
provided that the Authority is without power to waive the sovereign
immunity of the Mille Lacs Band of Chippewa Indians, to consent to
the jurisdiction of any court over the Band, or to consent to the
levy of any judgment, lien or attachment upon any property or income
of the Authority, the Band or any other organization or instrumentality
of the Band other than that specifically pledged pursuant to subsection
(c).
Historical
and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 4.
§ 11. Sovereign immunity
(a)
As an instrumentality of the Mille Lacs Band of Chippewa Indians,
the Authority shall be clothed by federal and tribal law with all
the privileges and immunities of the Band, except as specifically
limited by this chapter, including sovereign immunity from suit in
any state, federal or tribal court. Nothing contained in this chapter
shall be deemed or construed to be a waiver of sovereign immunity
by the Authority from suit, which may be waived only in accordance
with this chapter.
(b)
Sovereign immunity of the Authority may be waived only by formal resolution
of the Board of Commissioners.
(c)(1)
Waivers of sovereign immunity are disfavored and shall be granted
only when necessary to secure a substantial advantage or benefit to
the Authority. Any waiver of sovereign immunity shall be specific
and limited as to:
(A) duration,
(B) the grantee,
(C) the particular transaction,
(D) definite property or funds, if any, of the Authority,
(E) a particular court having jurisdiction pursuant thereto and
(F) the law that shall be applicable thereto.
(2)
Any express waiver of sovereign immunity by resolution of the Board
shall not be deemed a waiver of the sovereign immunity of the Mille
Lacs Band of Chippewa Indians, a consent to the jurisdiction of
any court over the Band, or a consent to the levy of any judgment,
lien or attachment upon any property or income of the Authority,
the Band or any other organization or instrumentality of the Band
other than that specifically pledged or assigned.
Historical
and Statutory Notes
Source: Band Statute 1234-MLC-53, § 5.
§ 12. Assets and liabilities of the authority
(a)
The Authority shall have only those assets specifically assigned to
it by the Band or acquired in its name by the Band or the Authority
on its own behalf. Nothing in this Chapter nor any activity of the
Authority shall implicate or in any way involve the credit or assets
of the Band or obligate the Band for the obligations of this Authority
except for any liability or obligation specifically assumed in writing.
(b)
The property of the Authority is declared to be public property used
for essential public and governmental purposes and such property and
the Authority are exempt from all taxes and special assessments of
the Band Assembly or the Band. However, for construction projects,
nothing in this section shall prevent the Band from collecting the
general sales tax contained in 22 MLBSA
§ 502, or the public service occupations tax contained in
22 MLBSA § 601.
(c)
All property of the Authority, including funds acquired or held by
the Authority pursuant to this chapter, shall be exempt from levy
and sale by virtue of an execution, and no execution or other judicial
powers shall issue against the same nor shall any judgment against
the Authority be a charge or lien upon such property. The provisions
of this section shall not apply to or limit the right of a secured
party to pursue any remedies for the enforcement of any pledge or
lien given by the Authority on its revenues or properties.
(d)
Upon dissolution of the Authority, the title to all property owned
by it shall vest in and become the property of the Band.
Historical
and Statutory Notes
Source: Band Statute 1234-MLC-53, § 6.
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