Resolution No: 08-04-01
DATE: April 5, 2008
SUBJECT: Economic Development Project
WHEREAS: The Pit River Tribe is a Federally recognized Tribe composed of Eleven Autonomous Bands located in northeastern California since time immemorial; and
WHEREAS: The Tribe is governed by the Constitution of the Pit River Tribe, adopted August 16, 1964 and approved by the Assistant Secretary of Interior for Indian Affairs on December 3, 1987, as amended; and
WHEREAS: The Pit River Tribal Council is empowered by Article VII of the Constitution to contract with Federal, state and tribal governments, private enterprises, individuals and organizations; to plan and manage all economic affairs and enterprises of the Tribe; to assign, lease or regulate Tribal assets, subject to such approvals as may be required by Federal Law; and to enact all ordinances and resolutions which shall be necessary and proper for carrying into effect the Council’s powers and responsibilities; and
WHEREAS: The economic development project presented to the general membership, consisting of a new casino, hotel and gas station in Burney and a new casino and truck stop in Alturas, as described more specifically in the Pit River Gaming Market Assessment: Burney, CA and Gaming Market Assessment, Alturas XL Ranch Truck Stop and Casino (collectively referred to as the "Project"), holds the potential to provide significant benefits for the Tribe and its members; and
WHEREAS: To develop the Project, tribal decision-makers will need to have the authority and ability to respond to market conditions, enter into contracts, hire designers, contractors and consultants, and borrow money, including the ability to provide a limited waiver of immunity; and
WHEREAS: The general membership recognizes that the Tribal Council may need to pledge assets, potentially including Revenue Sharing Funds, as collateral to secure loans or other financing necessary to fund the Project; and
WHEREAS: Article VII section 3 of the Constitution provides that no waiver of sovereign immunity shall be made except by a majority of the registered voters voting thereon at a meeting duly called, noticed and convened for that purpose.
NOW THEREFORE BE IT RESOLVED:
The general members of the Pit River Tribe hereby approve of the Project in concept, authorize the Tribal Council to take all necessary actions to develop the Project including, as may be necessary, pledging tribal assets including Revenue Sharing Funds, (but no tribal land, water rights or other natural resources), and entering into one or more contracts with limited waivers of the Tribe's sovereign immunity, as the Tribal Council deems necessary and prudent to develop the Project. This authorization is intended to, and does, satisfy the requirements of the Pit River Constitution Article VII, Section 3.
I, the undersigned Tribal Chairperson or other Constitutionally authorized and designated signatory of the Pit River Tribal Council, do hereby certify that the foregoing Resolution was presented at a duly noticed general membership meeting of the Pit River Tribe held on April 5, 2008, at which a quorum was present, and approved by a vote of 97 "for,"74, "against," 0, "abstentions," and 2 “spoiled ballots”, and such Resolution has not been rescinded or amended in any way.
Jessica Jim, Tribal Chairperson Date 4-5-08
Ida Riggins, Designated Signatory Date 4-5-08
(See Attached PDF Signed and Executed Resolution)