Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
AGREEMENT AND STIPULATION / [PRIVILEGE TAX]
This agreement entered into this 22nd day of June, 1989, by and between the State of Nevada, by and through the State Controller, the Commission on Economic Development and the State Treasurer (hereinafter "State") and the Intertribal Council of Nevada, Inc., a Nevada non-profit corporation (hereinafter "Council").
1. There is now pending before the Nevada District Court for the County of Washoe a civil action entitled State of Nevada, et al. vs. Inter Tribal Council of the State of Nevada, Inc., in which the State has charged Council with failing to comply with the grant agreement in which the State gave $15,000 to Council for the purpose of hiring a business educator to conduct business workshops to educate Nevada tribal members and Nevada tribal government employees in the basics of business and economic development and expose said tribal members and tribal government employees to the availability of business development services.
2. The Council counterclaimed that the State wrongfully collects privilege tax from tribal members who live on the reservation in violation of the decision in Moe v. Confederated Salish and Kootenai Tribes, 425 U.S. 463, 96 S. Ct. 1634, 48 L. Ed.2d 96 (1976).
The parties desire to avoid the costs and delays of litigation and have
decided to compromise their disputes as set out below, including the
civil action and counterclaim.
NOW, THEREFORE, in exchange for the dismissal with prejudice of the lawsuit filed by State against Council, and in exchange for the dismissal with prejudice of the counterclaim file by Council against State, and in further consideration of the promises and mutual covenants contained herein, the parties hereto, and each of them, subject to all of the terms and conditions, agree as follows:
1. Council agrees to comply with the terms and conditions of the workplan set forth in Exhibit "A" attached hereto and incorporated herein by this reference, in order to comply with the grant guidelines adopted by the Commission on Economic Development, according to which Council was awarded a grant in the amount of $15,000 in the fiscal year ending June 30, 1987.
2. Council agrees to have completed the workplan set forth in Exhibit "A", pursuant to the schedule set out in the plan.
3. State agrees to exempt from state privilege tax (NRS 371) those qualified members of Nevada Indian tribes who reside on such designated tribal lands and who register their vehicles with the Nevada Department of Motor Vehicles and Public Safety or one of its agents. The terms of this exemption are more particularly set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
4. State agrees to implement the vehicle privilege tax exemption for qualified tribal members by October 1, 1989.
5. Both parties shall execute a stipulation for dismissal with prejudice the lawsuit and counterclaim currently pending. Upon completion of the described obligations of the parties set forth in paragraphs 1, 2, 3 and 4 of this agreement. The stipulation for dismissal with prejudice shall be filed with the appropriate court.
6. The parties agree to bear their own costs and attorney's fees arising out of the dispute settled by this Agreement. In the event of a breach of this settlement agreement by any party hereto, the prevailing party in any action to enforce his rights hereunder shall be entitled to recover all costs and expense, including reasonable attorney's fees.
7. It is understood by the undersigned that the facts in respect of which the foregoing Agreement is given may hereafter turn out to be other than or different from the facts now known to them or believed by them to be true, and they therefore especially assume the risk of the fact turning out to be so different, and agree that the foregoing Agreement shall be in all respects effective and not subject to termination or rescission by any such difference in fact.
8. This Agreement is made and entered into the State of Nevada and shall be construed and enforced in accordance with the laws of the State of Nevada.
9. This agreement, and the obligations undertaken herein, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, assigns, and successors-in-interest.
10. This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart to the other party hereto, each counterpart shall be deemed as original and taken together shall constitute one and the same Agreement, which shall be binding and effective as to all the parties hereto.
11. No modification, amendment or waiver of any of the provisions contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by such party or by a duly authorized officer or agent of such party.
12. This Agreement constitutes an integration of the entire understanding and agreement of the parties with respect to the matters which are the subject hereof. Any to them or believed by them to be true, and they therefore representation, warranties, promises or conditions, whether written or oral, not specifically incorporated herein, shall not be binding upon any of the parties hereto with respect to the matters contained herein.
AS TO FORM:
Council of Nevada, Inc._____
FOR USE BY DMV OFFICE
EXEMPTION AMOUNTS $
CERTIFICATE OF EXEMPTION
Name (Last) (First) (MI)
has met the qualification for exemption from the vehicle privilege tax (Nevada Revised Statues, chapter 371) for a (Vehicle Year) (Make) , (Vehicle Identification Number) . The registered owner acknowledges that this exemption must be applied for yearly and a separate exemption form is required for each vehicle.
(City, State, Zip)
Print or Type Name & Title
Qualified members must present the exemption form at the time they apply to the Department of its agents for the registration or renewal of registration of a vehicle. If the form is not presented at the time of registration or renewal or before the expiration of the current registration of a previously registered vehicle the Department will not grant a refund of any privilege tax paid. The provisions of NRS 371.105 and NRS 371.220 will govern the refunds of exempted privilege tax if the privilege tax is erroneously collected by the Department or its agents. The tax will not be deemed as collected erroneously if the qualified member does not present the exemption ....[text missing]
October 13, 1989
TRIBAL CHAIRMAN LISTING
Mountain Band Council
Carson Colony Council
Dresslerville Community Council
Duck Valley Shoshone-Paiute Business Council
Duckwater Shoshone Tribe
Elko Band Council
Ely Colony Council
Fallon Business Council
Ft. McDermitt Paiute-Shoshone Tribes
Goshute Band Council
Las Vegas Paiute Tribe
Lovelock Paiute Tribe
Lake Paiute Tribe
Reno/Sparks Tribal Council
South Fork Band Council
Summit Lake Paiute Tribe
Te-Moak Tribal Council
Walker River Paiute Tribe
Washoe Tribal Council
Wells Band Council
Woodfords Community Council
Yerington Tribal Council
Yomba Tribal Council
PRIVILEGE TAX EXEMPTION FOR CERTAIN MEMBERS OF NEVADA INDIAN TRIBES
The Nevada Department of Motor Vehicles and Public Safety will grant a total exemption of Vehicle Privilege Tax (NRS Chapter 371) to qualified members of Nevada Indian Tribes who reside on such designated tribal lands and who register their vehicles with the Nevada Department of Motor Vehicles and Public Safety or one of its agents.
The exemption will be granted upon presentation of a mutually agreed upon exemption form to the Department or its agents at the time of registration or renewal of registration of a vehicle. There is no limit to the amount of the exemption which will be allowed for any one vehicle or to the number of vehicles that a qualified member may register. The qualified member must be one of the registered owners of the vehicle on which the exemption is claimed. The qualified member may present the authorized exemption form to any office of the Department or its agents when registering or renewing the registration of a vehicle.
The exemption form must be pre-printed and must contain the name of the qualified member, a description of the vehicle, including the year, make and Vehicle Identification Number; a notation authorizing the total exemption of privilege tax for the described vehicle for the next registration period; the name of the organization authorizing...[text missing]