Absentee-Shawnee Tribe of Indians of Oklahoma
Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Economic Development Authority
Chapter Five. Miscellaneous Provisions
Section 501. Reports
The Authority shall submit quarterly and annual reports, signed by the Chairman of the Board, to the Executive Committee showing:
(a) A summary of the period activities.
(b) The financial condition of the Authority.
(c) The condition of the properties under the Authority's management or control.
(d) A summary of any unprofitable ventures and plan for correction.
(e) Any significant problems and accomplishments.
(f) Plans for the future.
(g) Such other information as the Authority or the Executive Committee shall deem pertinent.
Absentee Shawnee Economic Development Act Section 501, AST ECON DEV Act Section 501
Section 502. Acquisition of Interests Prohibited
During his/her tenure and for three (3) years thereafter, no member of the Economic Development Authority or executive officer of the Authority or any other public official who exercises any responsibilities or functions with regard to a project of the Authority, shall voluntarily acquire any interest, direct or indirect, in any matter or in any property included or planned to be included in any project, or in any contract or proposed contract relating to the project; unless, prior to such acquisition, he discloses his interest in writing to the Authority and such disclosure is entered upon the minutes of the Authority, and the member of the Economic Development Authority, executive officer, or the public official shall not participate in any action by the Authority relating to the property or contract of which he has an interest. If a member of the Economic Development Authority, executive officer, or the public official involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment, in any such event, the person shall immediately disclose his interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office and a violation of public trust and shall subject the party to removal from the Economic Development Authority or other office held, and make such party liable to the Authority for any and all profits of any kind or character which he/she may have obtained by virtue of the violation of his trust. This section shall not be applicable to the acquisition of any interest in obligations of the Authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility service rates which are fixed or controlled by a governmental agency.
Absentee Shawnee Economic Development Act Section 502, AST ECON DEV Act Section 502
Section 503. Compliance With Federal Law
Each project developed or operated under a contract providing for Federal financial assistance shall be developed and operated in compliance with all requirements of such contract, and applicable federal legislation, and with all regulation and requirements set forth from time to time by the federal government in connection with such assistance.
Absentee Shawnee Economic Development Act Section 503, AST ECON DEV Act Section 503
Section 504. Fidelity Bonds
The Authority shall obtain or provide for the obtaining of adequate fidelity bonds for all officers and employees handling cash, or authorized to sign checks or obligations or to certify vouchers.
Absentee Shawnee Economic Development Act Section 504, AST ECON DEV Act Section 504
Section 505. Property of Authority as Public Property
The property of the Authority is declared to be public property used for essential public and governmental purposes of the Absentee Shawnee Tribe of Oklahoma.
Absentee Shawnee Economic Development Act Section 505, AST ECON DEV Act Section 505
Section 506. No Execution on Authority Property
All property within the Tribal jurisdiction including funds acquired or held by the Authority pursuant to this Title shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against the Authority be deemed to be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge, or lien given by the Authority on its rents, fees, or revenues, or to enforce any purchase money mortgage upon lands purchased by the Authority with the proceeds of the note secured by such purchase money mortgage.
Absentee Shawnee Economic Development Act Section 506, AST ECON DEV Act Section 506
Section 507. Personnel Policies to be Enacted
There shall be a Personnel Policy Manual which shall be approved by the Economic Development Authority.
Absentee Shawnee Economic Development Act Section 507, AST ECON DEV Act Section 507
Section 508. Special Certificate of Incorporation
The Tribal Secretary is Directed to issue a special Certificate of Incorporation to the Authority in the name of “Absentee Shawnee Enterprises, Ltd.” in substantially the following form:
OFFICE OF THE SECRETARY ABSENTEE SHAWNEE TRIBE OF OKLAHOMA CERTIFICATE OF INCORPORATION
To All Whom These Presents Shall Come, Greetings:
WHEREAS, The Absentee Shawnee Tribe of Oklahoma Economic Development Act of 2000 has authorized the Absentee Shawnee Economic Development Authority to conduct Business as “Absentee Shawnee Enterprises, Ltd.”, and said Act has been filed in the office of the Secretary of the Absentee Shawnee Tribe of Oklahoma.
NOW, THEREFORE, I, the undersigned, Secretary of the Absentee Shawnee Tribe of Oklahoma, by virtue of the powers vested in me by law, do hereby issue this Certificate of Incorporation.
IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the Great Seal of the Absentee Shawnee Tribe of Oklahoma.
Filed at the Absentee Shawnee Tribal Headquarters, This ____ day of ____, A.D., 2000
____
Secretary
By ____
Absentee Shawnee Economic Development Act Section 508, AST ECON DEV Act Section 508
Section 509. Separability of Provisions
Notwithstanding any other evidence of the intent of the Absentee Shawnee Executive Committee, it is hereby declared to be the intent of the Absentee Shawnee Executive Committee that if any provision of this ordinance or the application thereof to any persons or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance or its application to their persons or circumstances, but shall be confined in its operation to the provisions of this Act or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
Absentee Shawnee Economic Development Act Section 509, AST ECON DEV Act Section 509
Section 510. Records and Audit
The Absentee Shawnee Economic Development Authority shall keep records as the Absentee Shawnee Executive Committee shall prescribe and as will facilitate an effective audit.
Absentee Shawnee Economic Development Act Section 510, AST ECON DEV Act Section 510
Section 511. Authorization of Appropriations
There is authorized to be appropriated to carry out this Title an amount not to exceed ten million dollars ($10,000,000.00).
Absentee Shawnee Economic Development Act Section 511, AST ECON DEV Act Section 511
Section 512. Rules, Regulations and Procedures
The Absentee Shawnee Executive Committee shall prescribe such rules, regulations and procedures to carry out the provisions of this Title in any cases in which the Absentee Shawnee Economic Development Authority is not authorized by the terms of this Title to prescribed its own rules on the subject.
Absentee Shawnee Economic Development Act Section 512, AST ECON DEV Act Section 512