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