Image provided by: Oregon Historical Society; Portland, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (March 6, 2013)
M arch 6, 2013 Spilyay T ym o o , W arm Springs, O regon Page 14- Tribal Council Resolutions The Following are recent Resolutions o f the Twenty-Fifth Tribal Council o f the Confed erated Tribes o f Warm Springs. WSFPI plan of operation sustainable natural resource' policies and proclamations as stipulated in the C onstitu tional mandate contained in Article 1, (b) “To establish ànd enforce such rules as may be neces sary to safeguard Indian property and resourcesfor the use of present ’ and future generations;” now, therefore, Be it reso lved by the 25th Tribal Council, pursu ant to th e authority in the C o n stitu tio n and By-laws, Article V Section 1 (f) and (o); the C orporate Charter^ S ections 5, 9 an d 12 and Resolution 8413, do hereby grant authority to W SFPI to actively seek N ew M arket Tax Credit's as a source o f capital with the express u n d e rs ta n d in g th a t T rib a l Council reserves the right to decide final acceptance o f W S F P I’s ten-year strategic and acceptance o f any p ro posed financing plans and/, I or comm itments. the Constitution and By-Laws, and Section 12 o f the Cor porate Charter, that the fol low ing individuals are ap pointed to the Board o f Di re c to rs o f W S C R E , w ith term s to end on the dates specified: Elizabeth Furse; Expires: D ecember 31, 2015. Jason W Smith; Expires: D ecember 31, 2015. Be it further resolved that the fees for serving on the B oard o f D irectors o f the Warm Springs Casino and Re sort Enterprise shall remain at $500 per day and that such fees shall be an expense o f W SC R E. (Resolution No. 11,717.) I as the attached agreement on behalf Of the Tribe. (Resolu tion No. 11,718.) , Housing program therefore, Be it resolved by the 25th Tribal Council o f the Con federated Tribes of the Warm Springs Reservation of O r egon, pursuant to Article V, Section 1 (f), (1), and (u), o f the Tribal C onstitution and, By-Lavts., th a t th e T ribal Council hereby approves the attachment: Exhibit “A”, five year forecasted financials and planning assumptions in de tail. (Resolution No. 1,722.) W hereas th e W arm Springs H ousing A uthority (fW SHA”) is in the process W hereas th e T rib al o f negotiating an agreement Council is the duly elected with Travois, a Missouri cor body o f the Confederated poration that Works with tribal T rib es o f th e W arm housing authorities,' whereby Springs R eservation o f Travois will assist WSHA in Oregon that exercises gov utilizing low income tax cred ernm ental and corporate its to co n stru ct additional powers in accordance with housing on the Reservation; the T ribes’ C onstitution and, and By-laws and C orpo Whereas the Tribal Coun W hereas o n M ay 4, rate Charter; and, cil recognizes that to fully ef 2009, th e C o n fe d e ra te d W hereas W arm fectuate th e term s o f the Tribes o f the Warm Springs Springs Forest Product In contract between WSHA and R e se rv a tio n o f O re g o n dustries is a tribal enter Travois, it is necessary for (“T rib e ”) an d th e Iridian prise that operates pursu WSHA to provide a limited Health Service's (“IHS”) ex ant to the Corporate Char waiver o f sovéreign immunity, ecuted a M em orandum o f ter Section 12 and a Re in com pliance w ith W arm Understanding (“M O U ”) es stated Plan o f Operations Whereas, pursuant to a Springs Tribal Code Chapter tablishing a W arm Springs Be it further resolved, approved by the T ribal C o u n cil in R e so lu tio n The Tribal Council encour Tribal Referendum approved 30 with respect to WSHA and Jo in t H ealth C om m ission 8413, (W STC C h a p te r ages WSFPI to continue its on Ju ly 10, 2012 an d a with respect to the terms o f (The “Commission”) to plan, efforts with the BIRF Com Jefferson County School Dis the contract; now, therefore, c o o rd in a te , m o n ito r and 615); and, Be it resolved by the 25th ev aluate th e delivery o f W hereas an ongoing mittee regarding pofential fi trict No! 509J (“School D is analysis o f current eco nancing the micro-mill acqui trict”) bond levy election ap Tribal Council o f the Con health care services provided nomic conditions related sition as an element for in proved on May 15,2012, the federated Tribes o f the Warm by the Tribe and by the IHS to Reservation timber har clusion o f an overall capital Tribe and the School District Springs Reservation o f O r on the Warm Springs Reser finance consideration in ac 'are proceeding forward in a egon, pursuant to Article V, vation; and, v est m anagem ent plans Whereais the MOU pro joint and cooperative effort Section 1(a), (1), and (u), o f and lo g /lu m b e r m arket cordance with Article X. conditions motivated the Be it further resolved, to c p n s tru c t a new K -8 the Tribal C onstitution and vided that the Tribe was to Tribal Council to direct T he Tribal C ouncil directs W arm Springs E lem entary By-Law s, th a t th e T rib al invite three , volunteer health Council hereby approves the care community representa the WSFPI Board o f D i W SFPI to prepare the ap- School (“Project”); and, W hereas the Tribe and limited waiver of sovereign tives (“Outside: Commission rectors and its m anage p ro p r ia te fin a n c ia l m ent to develop a ten- proform as, term sheets, de the School District have en im m unity contained in the ers’’) to serve on the seven- year strategic plan based tailed budget plans; service tered into a letter o f intent contract attached as Exhibit m em ber commission where each would serve staggered upon a 38 MBF harvest agreements; security agree and a term sheet generally “A”; and, Be it further resolved by tef ms as their initial term s for a five year period be m ents, any enabling operat outlining, the term s u n d er g in n in g in 2012 an d ing proposals and any other w h ich th e T rib e an d th e the Tribal Council that upon were one, two, and three years transitioning to a 31 MBF reasonable and p ro p er de School District will construct, execution thè waiver shall be respectively, but every term harvest for a second five- ' fin itiv e a g re e m e n ts th a t own, and operate the Project; filed in accordance with the thereafter would be a three- provisions o f WSTC 30.005. year term; and, year period that will begin serve to ensure pro p er fis and, Whereas on N ovem ber W hereas the Tribe and (Resolution 11,720.) H cal accountability as a con in 2017; and, 13, 2Q12 Dr. B ud Beam er the School District m ust en Whereas the W SFPI dition o f the Council’s for submitted his letter o f resig Board has approved and m al review an d ap p ro v al ter into binding agreements nation as an Outside Com presented a ten-year stra w ith an anticipated date on setting out with particularity missioner; and, the terms under which they tegic plan w ith three in o r before M arch 31, 2013. Whereas on N ovem ber Be it further resolved, The will construct, own, and op terdependent elements: Whereas, pursuant to a 21, 2012 the Health & Wel- 1) a m icro -m ill at a Tribal Council directs and au erate the Project; and, Whereas representatives Tribal Referendum approved -fare Committee submitted a p ro je c te d c o st o f $1.4 thorizes the Secretary-Trea;- m illio n { a n tic ip a te d surer/C E O , tribal staff and o f the Tribe and the School o n Ju ly 10, 2012 and a letter to the Tribal Council District have drafted and ne Jefferson County School Dis re c o m m e n d in g Mr. Jim the Tribes legal counsel to BIRF Loan}; 2) an upgrade to the lend such support and assis gotiated the Exhibit “A”, D e trict No. 509J (“School Dis Quaid to fill the vacancy at present E D L F at a p ro tance as may be reasonable velopment Agreement setting trict” bond levy election ap tached as Exhibit “A”; and, W hereas on D ecem ber and necessary, including co forth the process by which proved on May 15,2012, the je c te d c o s t o f $2 ,7 5 0 13, 2012 the Jo in t H ealth ordination o f any collabora the Tribe and the School Dis Tribe and the School District million, tive review efforts. (Resolution trict will jointly manage the- are proceeding forward in a Commission recom m ended 3) and thè p ro p o sed preconstruction and construc joint and cooperative effort Jim Quaid fill a three (3) year No. 11,716.) accessing to $10-50 mil appointment; and, to c o n s tru c t a new K -8 tion phases o f the Project; lio n in b o rro w in g W hereas on D ecem ber W arm Springs E lem entary and, th r o u g h N ew M a rk e t 13, 2012 the Jo in t H ealth School (“Project”); and, W h ereas th e T rib al Tax Credits; and, Whereas thè Tribal Ref Commission recom m ended Council recognizes that to W hereas the W SFPI fully effectuate the terms o f ere n d u m a u th o riz e d th e Jim S iz e m o re /T o m Seidl Restated Plan o f O pera the Development Agreement, Tribe to contribute a princi serve, in a “Joint capacity” be tions, Articles III, IX and extended for one more year; it is necessary for the Tribe pal am ount n o t to exceed X govern the means and Whereas the Tribal Coun to provide a limited waiver $10,736,300 to fund one- and, authority fo r the en ter Whereas on January 18, prise to access capital to cil o f the Confederated Tribes o f the Tribe’s sovereign im half o f the Project (“Tribal 2013 Dr. B ud Beam er ex Contribution”), and to bor munity w ith respect to the o f the Warm Springs Reser the extent that any finan cial commitments shall be vation o f Oregon believes it terms o f the A greement in row funds as necessary on p re s se d in te re s t th ro u g h terms acceptable to the Tribal e-mail to continue serving on lim ited to $15,000.000 is appropriate to continue the co m p lian ce w ith W STC the Coriimission, and the Joint Council; and, Chapter 30; and, * and subscribe to the te Board o f Directors for Warm Whereas the Tribe is cur C om m ission recom m ends Whereas the Tribal Coun net that “Such financial com Springs Casino and R esort mitments shall not be effective Enterprises (WSCRE), doing cil has reviewed the Devel rently in the process o f put Dr. Bud Beamer serve as an until approved by the Tribal business as Kah-Nee-Ta Re opm ent Agreement and be ting together an application alternate to the Commission; Council and the Secretary”; sort and Indian H ead Casino, lieves it is in the best interest to the United States D epart now, therefore, Be it resolved by the 25th m ent o f Agriculture’s Rural with six members and oper o f the Tribe and its members and, W hereas the T rib al ate within the existing Char that the agreement should be D e v e lo p m e n t P ro g ram Tribal Council o f the Con (“USDA”) for a loan on fa fe d e ra te d T rib es o f th e Council had set expecta ters that will continué to fa approved; now, therefore, vorable terms to fund all or W arm Springs R eservation Be it reso lved by th e cilitate the expansion o f re tions for the enterprise part o f the Tribal Contribu o f O regon pursuant to A r that include: 1) preserve a sort, gaming and related ac 25thT ribal C ouncil o f the ticle Vj Section 1(a), (1), and tion and guarantee interim source o f tribal revenue; tivities, for the benefit o f the Confederated Tribes o f the (u) o f the Tribal Constitution construction financing; and, W arm Springs Reservation Tribe; and 2) preserve jobs; 3) seek Whereas the USDA re arid By-Laws, that the Chair Whereas the terms o f of j o f Oregon, pursuant to .Ar to maintain an active pres quires an independent Finan man o f the Tribal Council is ence in the forest manu fice o f two o f the cu rrent ticle V, Section 1(a), (1), and a u th o riz e d to in v ite Jim cial Feasibility R ep o rt be (u) o f the Tribal Constitution facturing industry; 4) es m em bers o f th e B oard o f Q uaid to serve a three (3) and By-Laws, that the Tribal co m p leted as p a rt o f th è o f W SC R E tablish a stable and viable D ire c to rs USDA RD loan application year term, ending September customer base, and 5) set (“Board”) have expired and Council hereby approves the that includes financial fore 28, 2015 and Jam es “Jim ” or preserve a base o f in it is appropriate to appoint a tta c h e d • D e v e lo p m e n t casts and planning assump S izem ore and T om Seidl Agreement between the Tribe qualified m em b ers o f the tra-tribal enterprise col serve jointly, an additional tions'; and, and the District; and, laboration and operation; Board; now, therefore, W h ereas th e T rib al year as Outside Commission Be it further resolved by Be it resolved by the 25th and, ' W hereas th e T rib al Tribal Council o f the C on the Tribal Council that the Council has been provided ers on the Commission, and Council’s deliberation and federated Tribes o f W arm Secretary-Treasurer/CEO is with and has reviewed his Dr. Bud Beamer serve as al torical and forecasted finan ternate through Septem ber decision in this transaction Springs Reservation o f O r hereby authorized to execute cial forecasts and planning 27, 2013. (Resolution No. m ust affirm a co m m it egon, pursuant to Article V, a Development Agreement in 11,727.) assumptions in detail; now, substantially the same form Section 1 (f), (o) and (s), of m ent and enforcement o f Health Commission School development agreement Finance report Casino, resort board 1 K-8 School funding Whereas, pursuant to a Tribal Referendum ap proved on July 10, 2012 and a Je fferso n C ounty School District No.; 509-J (“School D istrict”) bond levy election approved on May 15, 2012, the. Tribe and the School District are proceeding forward in a joint and cooperative effort to construct a new K-8 Warm Springs Elementary School (“Project”); and, W h ereas th e T rib al. R eferendum authorized the Tribe to contribute a principal am ount n o t to exceed $10,736,300 to fu n d o n e -h a lf o f th e Project (“Tribal Contribu tio n ”), an d to b o rro w fu n d s as n ecessary on term s acceptable to the Tribal Council; and, Whereas, per Resolu tion No. 11,723, thé Tribal C o u n cil has allo cated $3,500,000 for the Project from the Tribe’s Economic Stewardship Fund; and, W hereas th e T ribe m ust bo rro w additional funds, currently estimated at $6,854,269, in order to fully fund the Tribal Con tribution; and, Whereas the Tribe is currently in the process o f putting together an appli cation to the United States D e p a rtm e n t of Agriculture’s Rural Devel- ' opm ent P ro g ram (“USDA”) for a loan to fund the remaining portion o f the Tribal Contribution and guarantee interim con struction financing; and, W hereas, as p a rt o f the USDA loan application process; the USDA is re quiring the Tribe to dem onstrate that it has adequate security and a source o f re payment for the loan; and, W hereas rep resen ta tives from the Tribe have b een w o rk in g w ith the USDA to identify security and a source o f repayment acceptable to the USDA; and, W hereas th e U SDA has indicated that the Se curity and Source o f Re payment Proposal Exhibit “A” is likely acceptable to secure and repay the loan for which (he Tribe is ap plying to USDA for the Tribal Contribution; now, therefore, Be it resolved by the 25th Tribal Council o f the C on fed erated T ribes o f the Warm Springs Reser vation o f Oregon, pursu ant to Article V, Section 1(a), (f), (1), and (u), o f the Tribal Constitution and By- Laws, that the Tribal Coun cil hereby authorizes the Secretary-Treasurer/CEO o f the Tribe to work with USDA representatives to draft a proposed security instrum ent consistent with th é provisions o f W arm Springs Tribal Code Chap te r 730 (W arm Springs Tribal B ond O rdinance) for the T ribal C ouncil’s consideration that obligates Tribal funds consistently with “Exhibit A,” and that is in a form acceptable to . the USDA and any institu tion providing interim con struction financing. (Resolu- • tion No. 11,724.) j
