Ordinance
111 - Political Subdivisions Act
1.1 Political Subdivisions Act - Tulalip Tribes of the Tulalip Reservation,
Subdivisions Authorized. This Ordinance shall be known as the Tulalip
Tribal Political Subdivisions Act. There are hereby authorized to be created
by duly adopted resolutions of the Board of Directors (Board) of the Tulalip
Tribes of the Tulalip Reservation (Tribes), chartered subdivisions of
the Tribes which will be arms, political subdivisions, municipal corporations,
agencies and/or instrumentalities of the Tulalip Tribal Government. The
subdivisions organized and created by charters under this Act shall be
subject to the Constitution and Bylaws of the Tulalip Tribes, Tribal law
and this Act. The right to repeal, alter or amend this Act at any time
is expressly reserved to the Board. Any such charters, repealers, alternations
or amendments shall be reviewed by the Secretary of the Interior when
required by a provision of the Constitution of the Tulalip Tribes.
1.2 Purpose, Constitutional Authority
A. Indian
tribes have been consistently recognized throughout the history of
the United States of America to retain as governmental powers, where
consistent with the trusteeship of the United States, all powers necessary
to utilize their undivided resources for the general welfare and economic
benefit of the Tribes and the citizens of the Reservation and it has
been further recognized that Tribes may organize political subdivisions
or municipal corporations to do so. This Act is intended to exercise
and implement Tulalip Tribal governmental, corporate, economic, and
commercial powers, which are hereby declared by the Tulalip Tribes
to be of the same nature as all other Tribal powers, pursuant to the
provisions of the Constitution of the Tribes.
B. The
Constitution of the Tribes in its Preamble, in Article VI, Sec.1.,
H. K., M., and V., and in Article VIII, Sec. 2., 11 and 12; provides
for the exercise of governmental, corporate, economic and commercial
powers by the Tribes and its Board of Directors to further the advancement
of the Tulalip Indian people.
C. The
Tribes and its members have endured a century of deprivation and oppression.
This fact has been recognized by the Congress of the United State
through numerous Acts intended to assist in the development of Indian
and Reservation resources. There is now a need and an opportunity
to organize and develop Tulalip political, natural resources and human
resources to provide a standard of living, local municipal government
and education to all Tribal members equal to that of all citizens
of the United States. The Tribes adopt this Act in order to meet the
following independent goals:
1.
carry out a Tribal constitutional mandate;
2.
develop Tribal government to obtain the highest standard of local
government possible on the Reservation;
3.
to raise the standard of living, education and general welfare for
all Tribal members and all citizens of the Reservation;
4.
to enter into and take advantage of governmental, business and commercial
opportunities available to the Tribes;
5.
to modernize Tribal government to take advantage of the powers and
flexibility of political subdivision and municipal government on
the Tulalip Reservation.
D. To
accomplish the goals set out in"C" above, this Ordinance
is designed to further the governmental development of the Tulalip
Tribes, as follows:
1.
To provide for the chartering of political subdivisions of the Tulalip
Tribes within the Tulalip Reservation including but not limited
to schools, agencies, municipal corporations, port districts, trade
zones, health districts, and cultural or religious zones.
2.
To provide for localized government appropriate to the diverse lands,
waters and populations of the Tulalip Reservation.
3.
To provide employment and education for Native American people within
the Tulalip Reservation.
E. To
accomplish the goals set out in "C" and "D", above,
the Board hereby finds that for purposes of efficiency and wise stewardship,
it is necessary for the development of Tribal certain territories
of the Tribes, where boundaries shall be set out in the charters of
the political subdivisions, to be divided from other governmental
territories of the Tribes and placed within the responsibility of
persons or entities different from the Board, so that governmental
development may take place within, and be based upon, the sphere of
local government rather than within the sphere of overall Tribal governmental
concerns.
F. The
Tribes for many years have operated governmental programs to protect
the general health, safety and welfare of Tribal members and to protect
the health and security of all persons on and near the Tulalip Reservation.
To support these programs, the Tribes have depended upon surplus revenues
from the sale and utilization of Tribal natural resources and from
tribal business enterprises. It is intended that the corporations
created under this Act will increase the revenues to the Tribes municipal
by taxing those who consume services on the Reservation. Such surplus
and additional revenues may be used to fund governmental programs
and for the protection and security of Tribal members and residents
of the Reservation.
1.3 Privileges and Immunities. The political subdivisions established
by charter and boundary description under this Act shall be considered
to be governmental agencies and instrumentalities of the Tribes; and
their officers and employees considered officers and employees of the
Tribes, notwithstanding the fact that their work rules and conditions
may differ from those of other Tribal officers and employees; carrying
out responsibilities imposed upon the Board for advancement of the Tribes
and their members by the Constitution and Bylaws of the Tulalip Tribes
of the Tulalip Reservation. Such political subdivisions, their officers
and employees shall, therefore, be entitled to all of the privileges
and immunities enjoyed by the Tribes; including but not limited to,
immunities from suit in Tribal, federal and state courts, and from federal
and state taxation, or regulation, except as specifically set out in
the charters granted pursuant to this Act.
1.4 Tribal taxation. All activities of political subdivisions
created under this Act shall be subject to taxation by the Tribes.
1.5 Organization. The Board may, by resolution, appoint the officers
and representatives of political subdivisions created pursuant to this
Act. The election or appointment of officers and the appointment or
the election of subsequent officers shall be governed by this Act and
by the provisions of a charter granted under this Act by the Board to
the political subdivision.
1.6 Powers, Duration. The powers of political subdivisions created
pursuant to this Act shall be set out in the charters of the corporations
and may include, but shall not be limited to, all standard powers of
municipal corporations, certain designated sovereign powers and the
powers of annexation and eminent domain; provided, no power shall be
granted or exercised which shall be beyond those powers provided to
the Tribes in the Constitution and Bylaws of the Tribes or in federal
law. The duration of subdivisions created under this Act shall be perpetual
unless a different duration is stated in the charter.
1.7 Lands. Real property acquired by a political subdivision
created pursuant to this Act may be transferred, where permitted by
the federal law governing the ability of the Tribes to make such a transfer,
to the ownership of the United States in trust for the Tribes and shall
be by appropriate, lawful transfer placed into the control of the political
subdivision by the Tribes.
1.8 Tribal Courts - Jurisdiction, Enforcement of Act. Notwithstanding
the immunity from suit conveyed upon political subdivisions created
pursuant to this Act; the provisions of this Act, other Tribal laws
and ordinances, or Tribal enactments pursuant to this Act, may be enforced
against any political subdivision or other entity created under this
Act and its employees or officers; by an action in law or equity in
the Tribal Courts of the Tribes, when brought by a Constitutional quorum
of the Board.
1.9 Agent. All political subdivisions created under this Act
shall publicly designate and maintain a registered agent for service
of documents on the Tulalip Indian Reservation.
1.10 Assets. The assets of each and every political subdivision
created under this Act when specifically granted to the political subdivision
by the Tribes, or when obtained through a standard acquisition by the
political subdivision shall be separate and distinct from those of the
Tribes. In no case shall Tribal assets not specifically pledged to the
political subdivision in a manner permitted by law be considered assets
of a political subdivision created under this Act for any purpose.
1.11 Audits. The governing body of every municipal corporation
political subdivision chartered under this Act shall require that an
annual audit of the entity by an outside auditor be conducted and made
available to the Board within a reasonable time of completion of the
audit. The Board, by duly adopted resolution, may at any time require
that any political subdivision created under this Act be audited by
an independent auditor hired by the Board and shall have the absolute
right to require access to all Corporate documents necessary for such
an audit.
1.12 Annual Report. The governing body and management of each
political subdivision created pursuant to this Act shall hold at least
one open meeting per year, on ten days public notice, within the boundaries
of the Tulalip Indian Reservation, at which the governing body shall
answer any questions asked of them by the Board. Each governing body
shall also file a full report of the financial activities of the political
subdivision with the Board on an annual basis.
1.13 Contracts with Officers. Notwithstanding any other provision
of this Act or charters or articles of in political subdivision granted
pursuant to provisions of this Act, all directors or officers of any
political subdivision chartered under this Act, and any firm in which
said directors or officers hold office, or are shareholders or owners,
shall be disqualified from dealing or contracting with Tribal political
subdivisions chartered under this Act, or subsidiaries thereof, as either
a vendor, purchaser, or otherwise; and such contracts or transactions
shall be void, unless such contract or transaction has been fully disclosed
to, and approved by, the Board; provided, this section shall not apply
to the employment contracts of persons employed by a political subdivision
or a subsidiary thereof.
1.14 Bonding. Notwithstanding any other provision of this Act,
or charters or articles of incorporation (and supplementing bylaws)
granted pursuant to provisions of this Act; all officers, contractors
and key employees of any political subdivision chartered or licensed
under this Act who are:
A. authorized,
either individually or in conjunction with others, to expend funds
on behalf of the governmental corporation or any of its subsidiaries
or agencies; or
B. responsible
for accounting for the funds of a political subdivision or any of
its subsidiaries or agencies; shall at all times be bonded or insured
by the corporation to protect the assets of the political subdivision
in an amount consistent with the financial responsibilities of the
director, officer, contractor or employee. Such bonds or policies
of insurance shall be obtained at the expense of the political subdivision
or the contractor and must be approved by the corporate governing
body before the officer, contractor or employee is permitted to expend
or account for funds.
No director,
officer, contractor, or employee of a political subdivision shall have
authority under this Ordinance, or a charter granted under this Ordinance,
to expend or account for corporate funds unless bonded or insured in
compliance with this section. Any signature of a corporate director,
officer, contractor or employee of a political subdivision purporting
to authorize expenditure of corporate funds shall be void if at the
time the signature is given the director, officer, contractor, or employee
is not bonded or insured as required by this section.
1.15 Employment. All political subdivisions chartered pursuant
to this Act shall be subject to the preference laws of the Tribes and
of the United States governing the employment of Native American workers
on or near the Tulalip Indian Reservation.
2.1 Creation — By Resolution — Process
A. The
Board may create by Ordinance, pursuant to authority granted by this
Ordinance and Article VI., Sec. 1, paragraphs L. and S. of the Constitution
and Bylaws of the Tulalip Tribes, any of the following entities which
will be subject to the provisions of this Ordinance and to the provisions
of a charter which shall be attached to the creating Ordinance and
adopted by reference in the resolution creating the entity: any borough,
village, town, city, municipal corporation, or special purpose district.
B. The
Board may by resolution or ordinance consolidate or expand any borough,
village or special purpose district using the same form as set out
in 2.1A above; or, dissolve by resolution any entity created under
2.1A above.
C. The
Board may, by a resolution ordinance setting forth with specificity
the actions to be taken;
1.
Allow the assumption by any city or town of all or part of the assets,
facilities, or indebtedness of a special purpose district which
lies partially within such village, borough, city or town; or
2.
Allow the establishment of or change in the boundaries of a mutual
water and sewer system or separate water or sewer system by a water-sewer
district; or
3.
Allow the extension of permanent water or sewer service outside
of its existing service area by a borough, village, city, town,
or special purpose district. The service area of a borough, village,
city, town, or special purpose district shall include all of the
area within its corporate boundaries plus, (a) for extensions of
water service, the area outside of the corporate boundaries which
it is designated to serve pursuant to a coordinated water system
plan; and (b) for extensions of sewer service, the area outside
of the corporate boundaries which it is designated to serve pursuant
to a comprehensive sewerage plan.
4.
Amend any charter granted under this Ordinance.
2.2 Filing Notice of Proposed Actions with or by Board. Whenever
any of the following described actions are proposed within the Tulalip
Reservation, the initiators of the action shall file a notice of intention
with the Secretary of Board of Directors; PROVIDED, That when the initiator
is the Board of Directors itself, no notice of intention need be filed.
The Board shall within a reasonable time from the date of filing of
the notice review proposed actions contained in the notice of intention
pertaining to:
A. The:
(a) Creation, incorporation, or change in the boundary, of any borough,
village, county, city, town, municipal corporation, or special purpose
district; (b) consolidation of any borough, village, or special purpose
district, but not including consolidation of cities and towns; or
(c) dissolution or disincorporation of any borough, village, county,
city, town, or special purpose district, except that a board may not
review the dissolution or disincorporation of a special purpose district
which was dissolved or disincorporated pursuant to the provisions
of tribal law; or
B. The
assumption by any city or town of all or part of the assets, facilities,
or indebtedness of a special purpose district which lies partially
within such village, borough, city or town; or
C. The
establishment of or change in the boundaries of a mutual water and
sewer system or separate water or sewer system by a water-sewer district;
or
D. Allow
the extension of permanent water or sewer service outside of its existing
service area by a borough, village, city, town, or special purpose
district. The service area of a borough, village, city, town, or special
purpose district shall include all of the area within its corporate
boundaries plus, (a) for extensions of water service, the area outside
of the corporate boundaries which it is designated to serve pursuant
to a coordinated water system plan; and (b) for extensions of sewer
service, the area outside of the corporate boundaries which it is
designated to serve pursuant to a comprehensive sewerage plan.
2.3 Notice of Intentions — Contents. The notice of intention
shall contain the following information:
A. The
nature of the action sought;
B. A
brief statement of the reasons for the proposed action with specific
reference to objectives and factors set out in Sections 2.4 and 2.5;
C. The
legal description of the boundaries proposed to be created, abolished
or changed by Board action: PROVIDED, That the legal description may
be altered, with concurrence of the initiators of the proposed action,
if a person designated by the Board of Directors as one who has expertise
in legal descriptions makes a determination that the legal description
is erroneous; and a map on which the boundaries proposed to be created,
abolished or changed by such action are designated.
2.4 Objectives of the Board. The decisions of the Board regarding
the incorporation of municipalities or districts under this Ordinance
shall attempt to achieve the following objectives:
A. Preservation
of natural neighborhoods and communities;
B. Use
of physical boundaries, including but not limited to bodies of water,
highway, and land contours;
C. Creation
and preservation of logical service areas;
D. Prevention
of abnormally irregular boundaries;
E. Discouragement
of multiple incorporations of small municipalities and encouragement
of incorporation of municipalities in excess of ten thousand population
in heavily populated urban areas;
F. Dissolution
of inactive special purpose districts;
G. Adjustment
of impractical boundaries;
H. Incorporation
as boroughs, villages, cities or towns or annexation to boroughs,
villages, cities or towns of unincorporated areas which are urban
in character; and
I. Protection
of agricultural and rural lands which are designated for long term
productive agricultural and resource use by a comprehensive plan adopted
by appropriate governmental entities including the Tribes.
2.5 Factors to Be Considered by Board. In reaching a decision
on a proposal or an alternative, the Board shall consider the factors
affecting such proposal, which shall include, but not be limited to
the following:
A. Population
and territory; population density; land area and land uses; comprehensive
plans and zoning, comprehensive plans and development regulations;
applicable service agreements; applicable interlocal annexation agreements
between a county and its cities; per capita assessed valuation; topography,
natural boundaries and drainage basins, proximity to other populated
areas; the existence and preservation of prime agricultural soils
and productive agricultural uses; the likelihood of significant growth
in the area and in adjacent incorporated and unincorporated areas
during the next ten years; location and most desirable future location
of community facilities;
B. Municipal
services; need for municipal services; effect of ordinances, governmental
codes, regulations and resolutions on existing uses; present cost
and adequacy of governmental services and controls in area; prospects
of governmental services from other sources; probable future needs
for such services and controls; probable effect of proposal or alternative
on cost and adequacy of services and controls in area and adjacent
area; the effect on the finances, debt structure, and contractual
obligations and rights of all affected governmental units; and
C. The
effect of the proposal or alternative on adjacent areas on mutual
economic and social interests, and on the local governmental structure
of the area of the Reservation affected.
2.6 Review of Proposed Actions by Board — Procedure. The
Board shall set a hearing to review and approve, disapprove, or modify
any of the actions set forth in § 2.1 when any of the following
shall occur:
A. Any
governmental unit affected, including the governmental unit for which
the incorporation change or extension of permanent water or sewer
service is proposed, requests a review hearing.
B. A
petition requesting review is filed with the Board and is signed by:
1.
Five percent of the registered voters residing within the area which
is being considered for the proposed action; or
2.
An owner or owners of property consisting of five percent of the
assessed valuation within such area requests a hearing;
If a period
of forty-five days shall elapse, without a decision by the Board as
set forth in this Section, when the Board’s jurisdiction has been
invoked as set forth in subsections A and B of this section, the proposed
action shall be deemed approved.
If a hearing
for review of a proposal is properly requested, the Board shall make
a finding on the record within one-hundred eighty days after the filing
of such a request for review. If this period of one hundred eighty days
shall elapse without the Board making a finding, the proposal shall
be deemed approved unless the Board and the person, or persons who submitted
the proposal agree to an extension of the one hundred eighty day period.
2.7 Hearings--Notice--Record--Subpoenas--Decision of Board
A. When
the review jurisdiction of the Board has been properly invoked under
Section 2.6, the Board shall set the date, time and place for a public
hearing on the proposal. The board shall give at least thirty days’
advance written notice of the date, time and place of the hearing
to the governing body of each governmental unit having jurisdiction
within the boundaries of the territory proposed to be annexed, formed,
incorporated, disincorporated, dissolved or consolidated, or within
the boundaries of a special district assets and facilities are proposed
to be assumed by a borough, village, city or town, and to the governing
body of each city within three miles of the exterior boundaries of
the area and to the proponent of the change. Notice shall also be
given by publication in any public media of general circulation in
the area of the proposed boundary change at least twice, the last
publication of which shall be not less than five days prior to the
date set for the public hearing. Notice shall also be posted five
public places in the area affected for five days when the area is
ten acres or more.
B. A
verbatim record shall be made of all testimony presented at the hearing
and upon request and payment of the reasonable costs thereof, a copy
of the transcript of the testimony shall be provided to any person
or government unit.
C. If
a hearing is required, within forty days after the final decision
on the proposal, the Board shall file a written decision, setting
forth the reasons therefor, with the Secretary of the Board. The written
decision shall indicate whether the proposed incorporation, direction
or change is approved, rejected or modified and, if modified, the
terms of the modification. The written decision need not include specific
data on every factor required to be considered by the board, but shall
indicate that all standards were given consideration. Dissenting members
of the board shall have the right to have their written dissents included
as part of the decision.
2.8 Decision of Board Not to Affect Existing Franchise, Permits,
Codes, Ordinances, Etc. for Ten Years. For a period of ten years
from the date of the final decision, no proceeding, approval, action,
or decision on a proposal or an alternative shall be deemed to cancel
any franchise or permit theretofore granted by the authorities governing
the territory to be annexed, nor shall it be deemed to supersede the
application as to any territory to be annexed, of such construction
codes and ordinances (including but not limited to fire, electrical,
and plumbing codes and ordinances) as shall have been adopted by the
authorities governing the territory to be annexed and in force at the
time of the decision.
2.9 Definition — Board of Directors. The term Board, Board
of Directors, or Board of Directors of the Tulalip Tribes shall mean,
for purposes of this Ordinance, the elected governing body of the Tulalip
Tribes established by the Constitution and Bylaws of the Tulalip Tribes.
2.10 Suit By Municipal Corporation or District. Any municipal corporation
or district established pursuant to this Ordinance may be permitted
by charter to bring suit in its own name or in the name of the Tribes.
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