The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

Chapter 16B - Tribal Bingo Enterprise*

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*Cross references: Tribal gaming, ch. 16; Tribal casino gaming enterprise, ch. 16A.
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Sec. 16B-1. Tribal bingo enterprise created.

(a) Pursuant to the authority vested in the Eastern Band of Cherokee Indians by its Governing document and particularly by section 23 thereof, and its inherent tribal sovereign authority to oversee, protect and preserve the assets and benefits of the Tribe, together with its capacity and authority to conduct both governmental and business activities by and on behalf of the Tribe, especially when Tribal members derive direct benefit from such activities, the Tribal Council hereby creates this Tribal enterprise that shall be known as the Tribal Bingo Enterprise, hereafter referred to as the TBE.

(b) In any suit, action or proceeding involving the validity or enforcement of any of its contracts, the TBE shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this chapter. A copy of the chapter, duly certified by the clerk of the Tribal Council, shall be admissible in evidence in any suit, action or proceeding.

(Ord. No. 388, 11-7-1996)

Sec. 16B-2. Declaration of need.

It is hereby declared:

(a) That the Eastern Band of Cherokee Indians is authorized to conduct all forms of gaming as defined in 25 U.S.C. 2703(7) ("Class II Gaming"); that the Eastern Band of Cherokee Indians is authorized by the Indian Gaming Regulatory Act ("IGRA") by virtue of its Gaming Compact (the "Compact") with the State of North Carolina to operate its Class II Gaming facilities existing at the time the Compact became effective (the "Temporary Casino") without meeting the facility requirements of section 5(D) of the Compact until 30 days after the opening of the Class III Gaming Enterprise meeting the requirements of section 5(D) (the "Permanent Casino"); that the Tribal Council of the Eastern Band of Cherokee Indians has revised its gaming ordinances to comply with the IGRA and regulations promulgated by the National Indian Gaming Commission ("NIGC"); that the Tribal Council has established a Gaming Commission ("TGC") which has regulatory oversight responsibilities over all gaming on the Cherokee Indian Reservation, to ensure that appropriate gaming laws and regulations are complied with.

(b) The Board of Advisors of the Tribal Bingo Enterprise is authorized to undertake such actions as are necessary and appropriate for the execution of the duties and authorities enumerated herein.

(c) That the TBE is hereby created and established in the public interest to provide an organizational plan which can most effectively and efficiently direct all Class II Gaming and Class II Gaming owned by or operated on behalf of the Tribe other than the Class III Permanent Casino Project under the control of the Tribal Casino Gaming Enterprise. The Board of Advisors of the Tribal Bingo Enterprise is authorized to undertake such actions as are necessary and appropriate for the execution of the duties and authorities enumerated herein.

(Ord. No. 388, 11-7-1996)

Sec. 16B-3. Board of Advisors; generally.

(a) Composition of the Board. The Board of Advisors shall be composed of five enrolled members of the Eastern Band of Cherokee Indians who must have clearly demonstrated their business acumen through past business or career successes.

(b) Appointment of the Board. Members of the Board of Advisors shall be appointed by the Principal Chief, subject to the approval of the Tribal Council. Nominees to the Board of Advisors shall be selected on the basis of their business experience and ability to significantly contribute to the capabilities and functions of the Class II Gaming. At least one member of the Board of Advisors shall be an experienced auditor or certified public accountant.

(c) Members of the Board of Advisors may hold other positions of employment with the Tribe and engage in business; provided, however, that they shall not engage in any business regulated pursuant to the provisions of this chapter or chapter 16 of this Code.

(d) Each member of the Board of Advisors shall serve a term of five years, subject to removal, with cause, at the pleasure of the Tribal Council. Nothing in this chapter shall be construed to preclude a member of the Board of Advisors from serving successive terms, except a Board member shall not serve more than two successive terms. There shall be a six-month probationary period for each new appointee to be reviewed by the Tribal Council.

(d1) To ensure continuity in the Board and rotation of appointments, the initial Board members' terms shall be adjusted so that they serve staggered terms. Upon the effective date of this amendment, the Principal Chief shall assign first term expiration dates for each current Board member, such that one member's term expires each year beginning September 30, 2000. The established rotation shall continue for each Board position for future new, renewal, or replacement appointments.

(e) No member of the Board of Advisors shall be finally selected until he or she has completed a background investigation conducted by the Gaming Commission with the some criteria applied to the Board member as is applied to "key" employees, as defined in chapter 16 of this Code.

(f) Before assuming office, each member of the Board of Advisors shall take the oath of office administered to Tribal Officers.

(g) Members of the Board of Advisors are prohibited from playing or participating in any gaming activity operated by the Tribe or any instrumentality of the Tribe.

(h) Resignation from the Board of Advisors. A member of the Board of Advisors may resign at any time by providing the Tribal Council with written notice of his or her intention to resign on a date certain. The resignation shall become effective on the date stated and need not be accepted by the Tribal Council to be effective.

(i) Filling of vacancies in the Board of Advisors. A nomination to fill a vacancy in the Board of Advisors shall be made by the Principal Chief within 30 days after the date on which the vacancy becomes effective. The Principal Chief shall then submit the nominee's resume to the Tribal Council for their approval. Action by the Tribal Council shall occur within 30 days after receipt of the nomination from the Principal Chief.

(Ord. No. 388, 11-7-1996; Ord. No. 180, 4-17-2000)

Sec. 16B-4. Eligibility criteria for Board members.

No person shall be eligible or qualified to serve or continue to serve as a member of the Board of Advisors who:

(a) Owns or has an immediate family member, as defined in section 92-4(c)(1), who owns a financial interest in any gaming operation or financial interest in the management of any gaming operation;

(b) Provides professional services to a Class II and Temporary Casino Gaming Enterprises;

(c) Is an elected official of the Tribe or has an immediate family member who is an elected official of the Tribe;

(d) Is a Gaming Commissioner or employee of the Gaming Commission or has an immediate family member who is a Gaming Commissioner or employee of the Gaming Commission;

(e) Has any role whatsoever in the management of a Class II and Temporary Casino Gaming Enterprise pursuant to a Management Contract between the Tribe and another party;

(f) Has been convicted of a felony or any other criminal offense involving moral turpitude; or

(g) Is younger than 25 years of age.

(Ord. No. 388, 11-7-1996)

Sec. 16B-5. Powers and duties of Board.

(a) The TBE Board of Advisors shall be charged with the following duties and is authorized to undertake any and all actions necessary and appropriate for the execution of such duties consistent with the purposes for which it is established. The TBE shall be authorized to exist, operate and exercise the following enumerated powers for a perpetual period from the date of ratification of this chapter over all Class II and Class III Gaming activities owned by, or operated on behalf of, the Tribe other than the Class III Permanent Casino project under the control of the Tribal Casino Gaming Enterprise.

(1) Limitations of authority. The TBE shall possess only those powers arising under this chapter, and the authority and power of the TBE is constrained by the limitations contained in this chapter.

(2) Limited waiver of sovereign immunity. The Tribe hereby expressly waives any and all defenses based on its sovereign immunity from suit with respect to any action against the TBE in the Tribe's own court or the United States District Court of the Western District of North Carolina which seeks to enforce the obligations of the TBE. The Tribe consents to the exercise of jurisdiction over such action and over the TBE by said court and to accept service of process upon the TBE by delivery to any officer or managing agent of the Tribe doing business as the TBE, provided, however, that such waiver and consent is limited to enforcement of such obligations of the Tribe doing business as the TBE, including:

(i) Those assets acquired by the TBE through borrowed funds;

(ii) Any proceeds obtained by the TBE through the use, ownership of other operation or disposition of such assets or of the business operated by the Tribe in the name of the TBE; and

(iii) Any other assets produced or acquired by the Tribe and operated as part of the business of TBE; and

(3) Further provided, however, that such waiver and consent shall not extend to assets transferred in accordance with the ordinances of the Eastern Band of Cherokee Indians pertained to gaming and distribution of gaming proceeds from the accounts or business of the Tribe doing business as the TBE to other accounts or purposes of the Tribe.

(Ord. No. 388, 11-7-1996)

Sec. 16B-6. Order of business in Board meetings.

(a) The Board of Advisors shall establish regular meetings, not less than monthly.

(b) Notice of meetings. Notice of each meeting of the Board shall be mailed to each member, addressed to each Board member's address or usual place of business, not less than five nor more than 20 days from the day on which the meeting is to be held, or notice may be delivered to such member personally not less than two days before the day on which the meeting is to be held. Notice of any meeting of the Board need not be given to any member who shall waive such notice.

(c) The Board of Advisors may call emergency meetings upon 24 hours notice to Board members with the time and place of such meeting and the business to be transacted at such meeting. Any business conducted in an emergency session shall be approved by not less than a majority of the full Board of Advisors.

(d) The Board of Advisors shall endeavor to attend all meetings of the TBE. The TBE shall decide whether absences of the Board member are excused or unexcused. Three consecutive unexcused absences of a Board member shall be reported by the TBE to Tribal Council. Three consecutive unexcused absences may be considered cause for removal by the Tribal Council.

(Ord. No. 388, 11-7-1996)

Sec. 16B-7. Elections of Board officers.

The Board of Advisors shall, at the first meeting of each fiscal year, elect from among themselves a Chairperson, a Vice-Chairperson and a Secretary. The Board member selected on the basis of his or her experience in auditing or accounting shall be designated Treasurer.

(Ord. No. 388, 11-7-1996)

Sec. 16B-8. Annual report of Board to the Tribal Council.

The Board of Advisors shall be responsible for the preparation and presentation to the Tribal Council of the certified annual audit subject to the requirements of section 16B-21(e), below and shall thereafter submit such annual audit to the NIGC.

(Ord. No. 388, 11-7-1996)

Sec. 16B-9. Preservation of records of the Board.

(a) The Secretary of the Board of Advisors shall prepare and maintain complete and accurate records of all meetings and actions taken by the Board.

(b) The Treasurer shall keep complete and accurate financial records of the Board's expenses and receipts, report at least every fiscal quarter to the Board and shall submit a complete annual report to the Board.

(Ord. No. 388, 11-7-1996)

Sec. 16B-10. Report to the Tribal Council by Board.

(a) The TBE Board of Advisors shall report at least annually to the Tribal Council. The Board may however be called to report to the Tribal Council as deemed desirable by the Tribal Council.

(b) Reports. TBE shall file quarterly reports with the Tribal Council and the Tribal Gaming Commission. The report shall include:

(1) Unaudited financial statements, prepared in accordance with generally accepted accounting principles, which reflect all business conducted during the preceding fiscal quarter and year to date, as well as budgeted amount for the balance of the current fiscal year;

(2) Material changes and developments since the last report in the business described, including a description of competitive conditions, research and development activities, new lines of business conducted by TBE, the approximate amount of total sales and revenue, and income (or loss) attributable to each specific type of Class II and III Game and for each line of business which accounted for more than ten percent of total sales and revenues of TBE;

(3) Any material pending legal proceeding to which TBE or a business venture of TBE is or was a party;

(4) Total hiring, promotions and terminations by job classification during the preceding fiscal quarter of TBE employees and work force forecast for each position classification for the current fiscal year; and

(5) Such other or different matters as the Tribal Council may request. TBE shall file with the Tribal Council such additional reports as required from time to time by the Tribal Council as well as meet all federal and state compliance.

(Ord. No. 388, 11-7-1996)

Sec. 16B-11. Additional duties of Board.

The Board of Advisors shall by resolution approved by not less than a majority of full Board membership:

(a) Annually prepare and submit for approval to the Tribal Council an annual operating budget to include short-range and long-range goals and objectives of TBE and the strategies used by TBE to accomplish these goals and objectives;

(b) Approve activities budgets of all Class II and Temporary Casino Gaming Enterprise, other than that under the authority of the TBE, including their annual operating budgets and annual business plans;

(c) Approve the establishment of accounts at specified banks as required;

(d) Authorize the expenditure of funds in the accounts of TBE as necessary for the operation and maintenance of the business and properties of the Class II and Temporary Casino Gaming Enterprise and the timely payment of financial liabilities and obligations of the Class II and Temporary Casino Gaming Enterprise;

(e) Enter into agreements, contracts, understandings with any government agency, person, partnership, corporation or Indian tribe with respect to the Class II and Temporary Casino Gaming Enterprise;

(f) Lease property from the Tribe and others for such periods as are lawfully authorized to hold and manage or sublease such properties;

(g) Borrow money and issue temporary or long term evidence of indebtedness and timely repay such debts;

(h) Pledge the assets and receipts of the TBE as security for debts and acquire, sell, lease, exchange, transfer and/or assign the nonrealty property or interest of the TBE;

(i) Prepare and adopt operation and management plans concerning gaming operations as required or otherwise necessary for the proper conduct with respect to the Class II and Temporary Casino Gaming Enterprise as authorized by the Tribal Council pursuant to this chapter and amendments hereto;

(j) Employ a General Manager and delegate to the General Manager all duties and responsibilities as necessary for the lawful, efficient and profitable operation of the Class II and Temporary Casino Gaming Enterprise;

(k) Cooperate with all other Tribal gaming agencies and entities of the Tribe;

(l) The TBE Board of Advisors shall exercise approval authority with respect to the following, and shall timely provide such approval (or notice of nonapproval);

(1) The TBE Board of Advisors shall do all hiring for the temporary casino and the Tribal Bingo.

(2) The TBE Board of Advisors must follow Indian Preference and Tribal laws when hiring for the temporary casino and the Tribal bingo.

(3) Internal management policies, including a written manual sufficiently setting forth policy and procedures regarding:

(i) Hiring, disciplinary and discharge from employment of Class II and Temporary Casino Gaming Enterprise employees, including policy and rights of appeal governing the provision of the Indian Preference employment rights; and

(ii) Procurement polices.

(4) Vendor contracts, contracts concerning facility maintenance and repairs and contracts and subcontracts regarding ancillary commercial activities of the Class II and Temporary Casino Gaming Enterprise, including retail shops and concessions;

(5) Advertisement and promotional sales and activities;

(6) Construction plans and specifications, interior and exterior design and furnishings;

(7) Annual operating, capital and working capital budgets.

(Ord. No. 388, 11-7-1996)

Sec. 16B-12. Quorum of Board meetings.

Three members of the Board shall constitute a quorum.

(Ord. No. 388, 11-7-1996)

Sec. 16B-13. Decision making by Board.

The Board shall meet and decide all matters by the majority vote of the full Board. The Chairperson shall vote on all issues. A majority vote shall be binding on the Board. The Chairperson, or the Vice-Chairperson in the Chairperson's absence, shall preside at each meeting.

(Ord. No. 388, 11-7-1996)

Sec. 16B-14. Minutes of Board meetings.

The Secretary shall cause to be kept a complete and accurate record of all Board meetings, copies of which shall be furnished to the Board and to the Tribal Council upon request.

(Ord. No. 388, 11-7-1996)

Sec. 16B-15. Compensation of Board members.

Compensation, if any, of the Board members shall be determined by and approved by the Tribal Council and shall be paid from TBE funds. Board members shall be reimbursed from TBE funds for all reasonable out-of-pocket expenses incurred while acting on behalf of the TBE Board. Any such compensation and reimbursement shall be considered an operating expense of the TBE.

(Ord. No. 388, 11-7-1996)

Sec. 16B-16. Signatory authority of Board officers.

The Chairperson and Vice-Chairperson or in either of their absences any other officer must sign papers for and on behalf of the TBE Board before any papers signed are deemed official.

(Ord. No. 388, 11-7-1996)

Sec. 16B-17. Accountability of Board members.

The Board shall be responsible and accountable to the Tribal Council. Upon request of the Tribal Council, the Board shall promptly and fully advise the Tribal Council with respect to the business and affairs of the TBE and shall provide the Tribal Council with copies of the requested records, books or documents of TBE. The Tribal Council may require such written reports regarding TBE business and affairs as the Council deems necessary.

(Ord. No. 388, 11-7-1996)

Sec. 16B-18. Sub-committees of Board.

The Board may from time to time establish consultant groups and advisory Boards which shall have such duties and the members of which shall hold office for such periods as the Board may determine.

(Ord. No. 388, 11-7-1996)

Sec. 16B-19. Board Officers.

(a) Positions and selections. From among the Board members, the Board shall appoint the following Officers of the TBE Board ("Officers") a Chairperson, a Vice-Chairperson, Secretary and Treasurer.

(b) Terms of office. The Board shall appoint its Officers at each annual meeting of the Board in the first week of October.

(c) Powers and duties. Subject to the supervisory authority of the Board, an Officer shall have the following powers and duties, in addition to such other powers and duties as may be set for the office in this chapter or applicable law, or as may be assigned by the Board.

(1) Chairperson. The Chairperson shall preside over all Board meetings; sign on behalf of TBE all documents, contracts, or other instruments approved for such execution by the Board; and be responsible, jointly with the Treasurer, for the authorized and secure receipt, maintenance execution, endorsement, disbursement, and other disposition of all funds, checks, drafts, other order or demand for money, notes, other evidence of indebtedness, securities and other valuable instrument's and shall have such other powers and duties as may from time to time be assigned to him by the Board.

(2) Vice-Chairperson. The Vice-Chairperson shall exercise the powers and perform the duties of Chairperson when the Chairperson is absent or disabled; sign on behalf of the TBE all documents, contracts or other instruments approved for such execution by the Board and shall have such other powers and duties as may from time to time be assigned to him or her by the Board.

(3) Secretary. The Secretary shall issue notices for all Board meetings; keep minutes of all meetings; and serve as custodian of and maintain all minutes of meetings and associated records and correspondence of the TBE Board. The Secretary shall make such reports and perform such other duties as are incident to the office, or are properly required or assigned to him by the Board.

(4) Treasurer. The Treasurer shall be responsible, jointly with the Chairperson, for the authorized and secure receipt, maintenance, execution, endorsement, disbursement, and other disposition of all funds, checks, drafts or other order or demand for money, notes, other evidence of indebtedness, securities and other valuable instruments be responsible for the maintenance of comprehensive financial books and records of transactions, prepared in accordance with generally accepted accounting principles. The Treasurer shall have principal oversight responsibilities for all financial functions and affairs of TBE and shall serve as the Board's principal financial liaison with the Tribal Council and other members of TBE management having financial management responsibilities with the TBE with any Contract Manager, accounting firm and financial advisors. The Treasurer shall perform such other duties incident to the office or that are properly required by the Board.

(5) Delegation. In case of unavailability or disability of any Board member, the Board may temporarily delegate the Board's powers or duties as an officer to another Board member, until the Board member is available or no longer disabled or until the Tribal Council fills the vacancy.

(d) Maintenance, inspection and return of books and records. There shall be maintained at the principal office of TBE all financial books and records, all minutes of Board meetings, and all other materials, books, records, documents, correspondence, and contracts. All such material shall be made available for inspection and copying at any reasonable time during the usual business hours:

(1) To the Tribal Council or duly authorized representatives thereof;

(2) To any Board member;

(3) To the Tribal Gaming Commission; and

(4) The agents of the State of North Carolina or of the NIGC conducting inspections pursuant to the approved Tribal-State Class III Gaming Compact or compliance with applicable federal law.

(e) Duties upon leaving office. Upon termination from office, each Board member, employee and agent of TBE shall turn over to his or her successor or to the Chairperson, in a timely fashion and in good order, all monies, books, records, minutes, documents, contracts or other property of TBE in his or her custody. If such property is not turned over or is damaged or missing, the Board may charge each Board member and any employee or agent a reasonable replacement fee.

(Ord. No. 388, 11-7-1996)

Sec. 16B-20. Ownership and revenues.

(a) Ownership. All assets acquired by TBE and any of its business ventures shall be deemed to be owned by the Tribe and held by TBE as a Tribal enterprise operated by and for the benefit of the Tribe; provided, that title to real property and property which is to become a fixture or permanent improvement or part of the real property shall be held or taken in the name of the Tribe with restrictions upon alienation imposed by the United States, or in the name of the United States in trust for the Tribe if such property is located within the Qualla Boundary, and the title to such real property shall remain in trust status.

(b) General account. The TBE Board shall establish a general bank account with respect to each of the Class II and Temporary Casino Gaming Enterprise and shall deposit within such account all receipts with respect to each of the Class II and Temporary Casino Gaming Enterprise of the TBE. The account shall be used to meet ongoing business needs, contingencies, maintenance of property of TBE, capital for expansion of existing operations or additional operations under the terms of this chapter, and for such other purposes as deemed necessary and appropriate by the Board. The Board may direct the establishment of additional accounts as it may deem reasonable and necessary for the conduct of TBE business under this chapter.

(c) Limitation on use of TBE net earnings. No part of the net earnings of TBE shall inure to the benefit of or be distributed to any Board member or other private person, except that TBE is authorized and empowered to pay reasonable compensation for services rendered to TBE as provided in this chapter and to make payments and distribution in furtherance of the purposes set forth in this chapter.

(Ord. No. 388, 11-7-1996)

Sec. 16B-21. Disbursement of funds.

(a) The TBE shall make monthly disbursements to the Tribe of the profits realized by the TBE from its operations. Profits must be distributed from the TBE to the Tribe on not less than a monthly basis, with the requirements of the IGRA, chapter 16 of this Code, and other applicable Tribal law.

(b) The profits of the TBE required to be disbursed to the Tribe shall be defined as the total revenues received from all TBE operations less the TBE's operating costs, expenses and funding of reserves as determined in accordance with generally accepted accounting principles.

(c) Upon actual transfer or disbursement of funds from the TBE to the Tribe, the funds shall no longer be deemed the funds or property of TBE, and shall no longer be subject to or liable for the obligations of the TBE.

(d) All obligations incurred in connection with the operation of TBE as authorized by said Board shall be special obligations of the Tribe, payable solely from the assets of the TBE and subject to the limits of powers set forth in section 16B-5.

(e) The TBE shall provide an annual certified audit of its operations and other such audits as the Tribe deems necessary which shall be conducted by the Tribe's audit firm. The certified public accountants shall report any instances of noncompliance with the IGRA, the North Carolina - Cherokee Gaming Compact, the regulations of the NIGA, or the ordinances or regulations of the Tribe, which come to their attention during the performances of the audit. The auditors shall be paid from operational funds of the TBE. The auditors shall have access to all books and records, all cash management procedure manuals, all internal control manuals, and all other records, documents, papers and persons employed by the TBE, as they deem necessary. For each audit, the auditor shall provide the Board of Advisors with a draft management letter and shall permit the Board and the General Manager a reasonable time within which to respond to the letter with changes to the operations of the TBE which address the concerns expressed in the draft management letter. The results of the certified audit shall be provided to the Board, the Tribe, the Tribal Gaming Commission, the NIGC and such other governmental agencies as may be required by law.

(f) The TBE shall file promptly any reports of gaming winnings, and the names of the winners, as the same may be required by the Internal Revenue Service of the United States and shall comply with all other provisions of the Internal Revenue Code applicable to the operation of the TBE, as well as, any state reports required by the Compact.

(g) The TBE shall submit an annual report to the Tribal Council, signed by the Chairperson of the Board, showing:

(1) A summary of the year's activities,

(2) The financial condition of TBE,

(3) The condition of the TBE properties,

(4) Any significant problems and accomplishments,

(5) Plans for the future, and

(6) Such other information as the Board or the Tribal Council shall deem pertinent.

(Ord. No. 388, 11-7-1996)

Sec. 16B-22. Litigation.

(a) Obligation to notify Tribe and Tribal Gaming Commission. TBE shall immediately notify the Chairman of the Tribal Council of the receipt of service of any summons or complaint upon TBE, or any Board member, employee or agent of TBE, or any management contractor, in which TBE, or any Board member, employee or agent of TBE is named in any suit, claim, action or other proceeding in any court, administrative or regulatory forum. A copy of the summons and complaint shall be provided to the Chairman of the Tribal Council and the Chairman of the Tribal Gaming Commission with the notice.

(Ord. No. 388, 11-7-1996)

Sec. 16B-23. Professional services.

TBE shall be entitled to retain the services of any business or professional consultants or any consultants or assistants; provided the TBE may retain the services of only those attorneys and auditors approved by the Tribal Council.

(Ord. No. 388, 11-7-1996)

Sec. 16B-24. Severability of provisions.

If any provision of this chapter or the application thereof to any person or circumstances shall by adjudged by any court of competent jurisdiction to the violative of applicable law or otherwise invalid, then that provision shall be severable and considered null and void, but such judgment shall not affect, impair or invalidate the remainder of this chapter or its application to other persons and circumstances, but shall remain in full force and effect, and such judgment shall be confined in its operation to the provisions circumstances directly involved in the controversy in which such judgment was rendered.

(Ord. No. 388, 11-7-1996)

Sec. 16B-25. Adoptions of By-laws.

The TBE Board may adopt By-laws for the TBE Board of Advisors, provided that such By-laws shall not contain provisions inconsistent with or in violation of the provisions of this chapter or applicable law.

(Ord. No. 388, 11-7-1996)

Sec. 16B-26. Amendment, rescission of previous legislation.

This chapter is an amendment and restatement of Ordinance No. 232 for and on behalf of the Eastern Band of Cherokee Indians, and all prior ordinances and resolutions in conflict with this chapter are hereby rescinded, except that this section shall have no effect on chapters 16 and 16A of this Code.

(Ord. No. 388, 11-7-1996)

Sec. 16B-27. Duration of TBE.

The lawful existence of the TBE shall remain until or unless all obligations incurred by the TBE for the financing of the Class III Enterprise facilities have been satisfied including, without limitation, all obligations of the TBE under applicable credit documents.

(Ord. No. 388, 11-7-1996)

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