Poarch Band of Creek Indians Ordinances

Table of Contents


[Bingo] Tribal Ordinance Licensing and Permitting Playing of Bingo on the Poarch Band of Creek Indian Reservation Under Certain Terms and Conditions
Tribal Council Ordinance No. 85:01 [Poarch Creek Indian Housing Authority]
Tribal Membership 85:002 Tribal Membership
Ordinance # 88:001 An Ordinance to Create Creek Indian Enterprises, the Business Arm of the Poarch Creek Indians
Ordinance # 88:001A An Ordinance to Create a Tribal Employment Rights Office for the Poarch Creek Indians
Ordinance 88:002 An Ordinance to Annually Distribute Discretionary Funds
Ordinance 88:003 An Ordinance to Transfer Management or Economic Development Properties to Creek Indian Enterprises
Tribal Ordinance 88:004 An Ordinance to Create the Creek Indian Arts Council and Creek Indian Arts Council Endowment Fund, Prescribed Board Composition, and Establish Endowment Fund Financial Methodology
Tribal Ordinance 88:005 An Ordinance to Create the Poarch Creek Indian Public Service Commission
Ordinance 88:006

An Ordinance Granting a Charter to the Poarch Creek Telephone Company

Charter of the Poarch Creek Telephone Company

Ordinance 88:007 An Ordinance to Amend Tribal Ordinance 88:003 to Include Additional Property and Clarify Descriptions of Existing Properties Under the Management of Creek Indian Enterprises
Tribal Resolution TCR: 88:051 [Discretionary Funds]
Tribal Council Ordinance 93:002

An Ordinance to Create an Educational Scholarship Trust Fund and Selection Committee

 
Tribal Council Ordinance 94:001 An Ordinance Granting Charter to the Poarch Creek Indian Utilities Authority
Tribal Council Ordinance 95:001 An Ordinance to Establish the Poarch Band of Creek Indians Recreation Committee
Tribal Council Ordinance 95:002 An Ordinance to Create the Pow Wow Committee
Tribal Council Ordinance 98:001 An Ordinance to Designate the Poarch Band of Creek Indians' Tribal Government as the Recipient of Native American Housing Assistance Self-Determination Act (NAHASDA) Funds
Tribal Council Ordinance 98:002 An Ordinance to Designate the Poarch Creek Indian Housing Authority and to Authorize Its Operation as the Advisory Board to the Housing Department of Poarch Band of Creek Indians
Tribal Council Ordinance 98:003 An Ordinance to Establish the Calvin McGhee Cultural Center Management Authority
Tribal Council Ordinance 99:001 [Tribal Assisted Home Ownership Program]

[Bingo]

 

TRIBAL ORDINANCE LICENSING AND PERMITTING PLAYING OF BINGO ON THE POARCH BAND OF CREEK INDIAN RESERVATION UNDER CERTAIN TERMS AND CONDITIONS


We, the members of the Poarch Band of Creek Indians, being a federally recognized Indian Tribe and organized pursuant to the Final Determination of Federal Acknowledgment, 25 U.S.C. 476; and the Act of June 18, 1934 (48 Stat. 984); and its authority to provide for the economic development of the Tribe, the Tribal Council of the Poarch Band of Creek Indians Tribe hereby establishes and enacts this ordinance which shall establish the purposes, powers and duties of the Creek Bingo Parlor.

In any suit, action or proceeding involving the validity or enforcement of or relation to any of its contract, the Tribal Council shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of the ordinance duly certified by the Secretary of the Council shall be admissible in evidence in any suit, action or proceeding.


ARTICLE I - DEFINITIONS

The Following terms and phrases when used in this Ordinance shall have the meaning ascribed to them, except where the context clearly indicates a different meaning. It is hereby declared:

1. "Bingo" or guest game shall mean and refer to activities commonly known as Bingo or other similarly organized and played games wherein participants pay a sum of money for the use or benefit of one or more drawn by chance, one by one, and announced, and the numbers are continuously ascertained at random until a participant announces that he has matched up his numbered purchased card with enough randomly drawn numbers to complete the desired winning pattern of numbers. At this time the participant calls out "Bingo" or such other desired word or phrase, and is declared the winner of a predetermined prize.

2. "Bingo cards" shall mean and refer to the flat, usually rectangular piece of paper or this pasteboard, normally employed by players engaged in the game of bingo. More than one set of Bingo numbers may be printed on any single piece of paper.

3. The Poarch Band of Creek Indian Reservation is a non-profit organization engaged in charitable, civic, community, benevolent, religious and scholastic works.

4.. "Owner" shall mean and refer to the Poarch Band of Creek Indians Reservation. Hereafter the words owner and reservation shall be defined and used interchangeably.

5. "Contractor" shall mean and refer to the management contractor who operates for the owner the premises used for Bingo.

6. "Player" shall mean any person paying some amount of U. S. currency to the owner or the operator or his agent, servant, or employee for admission to or participation in a bingo game, and who has some reasonable expectation of receiving a prize if one or more of his numbered cards contains a sufficient amount of numbers which are the same as those announced by the contractor during a Bingo game:

7. "Prizes" shall mean and refer to any U. S. currency, cash or other property or thing of value awarded to a player of a Bingo game, or players in a series of Bingo games.

8. "Proceeds" All the profits derived form the Bingo game(s) after payment of prize money, expenses and fees, shall be collected by the Poarch Band of Creek Indians for the support of programs to promote the health, education and general welfare of the Poarch Band of Creek Indians by:

a) Benefiting persons by enhancing the opportunities for religious or educational advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well being by assisting them in establishing themselves in life as worthy, useful citizens, or by increasing their comprehension of and devotion to the principles upon which the nation was founded.

b) Initiating, performing, or fostering worthy public works or enabling and furthering the erection or maintenance of public structures.

c) Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally render to the Poarch Band of Creek Indians; or

d) The improving, expanding or maintaining of real property owned by the Poarch Band of Creek Indians.


ARTICLE II - OPERATIONS

1. It shall be unlawful for anyone to perform, conduct, operate, maintain or supervise a Bingo game or a series of Bingo games except the Poarch Band of Creek Indians.

2. Days of Operation: Bingo games may be conducted each and every day of the week and at any hour of the day or night at the discretion of the reservation, and there shall be no limit as to the prize money for any single game or session.

3. All persons involved in the conduct of guest games must be bonafide employees of the reservation or the contractor.

4. No one under eighteen (18) years of age shall be allowed to play.


ARTICLE III - AUDIT

1. An Annual Audit of all revenues and expenditures will be performed by the Poarch Band of Creek Indians.

 

ARTICLE IV - NAME TAGS

1. All persons operating or assisting in the operations or conduct of any Bingo games shall wear legible tags evidencing their name and the legend of the Poarch Band of Creek Indians.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official this 30th day of November, 1984, in accordance with established Tribal policy.

              /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians comprised of eighteen members, with 14 in attendance on the 30th day of November, 1984, and that the above is in conformity with the provisions therein adopted by a vote of 12 in favor, 1 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

              /s/                 
Eugene Madison, Secretary

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TRIBAL COUNCIL ORDINANCE 85:01

August 18, 1985


Pursuant to the powers and authority of the Constitution of the Poarch Band of Creek Indians adopted on June 8, 1985, to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Poarch Band of Creek Indians hereby establishes as a public body and Tribal entity known as the Poarch Creek Indian Housing Authority (hereinafter referred to as Authority), and enacts this Ordinance which shall establish the purposes, powers and duties of the Authority.

In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this Ordinance. A copy of the Ordinance duly certified by the Secretary of the Council shall be admissible in evidence in any suit, action or proceeding.

 

ARTICLE I - DECLARATION OF NEED

It is hereby certified:

1. That there exists on the Poarch Creek Indian Reservation unsanitary, unsafe and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations

2. That these conditions cause an increase in spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;

3. That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprises;

4. That the providing of decent, safe and sanitary dwelling accommodations for persons of low income are public uses and purposes, for which money may be spent and private property acquired and,are governmental functions of Tribal concern;

5. That residential construction activity and supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this Ordinance to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible a more stable and larger volume of residential construction and housing supply which will assist materially in achieving full employment; and

6. That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.


ARTICLE II - PURPOSES

The Authority shall be organized and operated for the purpose of;

1. Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals;

2. Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; and

3. Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.


ARTICLE III - DEFINITIONS

The following terms, wherever used or referred to in this Ordinance, shall have the following respective meaning, unless a different meaning clearly appears from the context;

"Area of Operation" means all areas within the jurisdiction of the Tribe and Tribal Court.

"Council" means the Poarch Band of Creek Indians' Tribal Council.

"Federal Government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality; corporate or otherwise, of the United States of America.

"Homebuyer" means a person(s) who has executed a lease-purchase agreement with the Authority, and who has not yet achieved homeownership.

"Housing project" or "project" means any work or undertaking to provide or assist in providing (by any suitable method, including but not limited to: rental, sale of individual units in single or multifamily structures under conventional condominium, or cooperative sales contracts or lease-purchase agreements; loans; or subsidizing of rentals or charges) decent, safe and, sanitary dwellings, apartments, or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtances for streets, sewers, water-service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare, or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.

"Obligations" means any notes, bonds interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance.

"Obligee" includes any holder of an obligation, agent or trustee for any holder of an obligation, or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal government when it is a party to any contract with the Authority in respect to a housing project.

"Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.



ARTICLE IV - BOARD OF COMMISSIONERS

1. The affairs of the Authority shall be managed by a Board of Commissioners composed of five persons.

2. The Board Members shall be appointed, and may be reappointed, by the Council. A certificate of the Secretary of the Council as to the appointment or reappointment of any commissioner shall be conclusive evidence of the due and proper appointment of the commissioner.

3. The commissioner may be a member or non-member of the Tribe, and may be a member or non-member of the Tribal Council.

4. No person shall be barred from serving on the Board because he is a tenant or Homebuyer in a housing project of the Authority; and such commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the Tenants or Homebuyers, even though such matters affect him as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a Tenant or Homebuyer), or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations or status as a Tenant or Homebuyer.

(a) The term of office shall be four years and staggered. When the Board is first established, one member's term shall be designated to expire in one year, another to expire in two years, a third to expire in three years, and the last two in four years, except that in the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Board shall hold office until his successor has been appointed and has qualified.

(b) The Tribal Chairman shall name one of the Commissioners as Chairman of the Board. Except for the initial appointment by the Council of a Chairman, the Board shall elect from among its members a Chairman, Vice-Chairman, Secretary and Treasurer; and no member may hold two of these positions. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and Vice-Chairman, the Secretary shall preside.

(c) A member of the Board may be removed by the appointing power for serious inefficiency or neglect of duty or for misconduct in office, but only after a hearing before the appointing power and after the member has been given a written notice of the specific charges against him at least ten (10) days prior to the hearing. At any such hearing the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon, shall be filed with the appointing power and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.

(d) The Commissioners shall not receive compensation for their services but shall be entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties.

(e) A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board action shall be taken by vote of less than a majority of such full Board.

(f) The Secretary shall keep complete and accurate records of all meetings and actions taken by the Board.

(g) The Treasurer shall keep full and accurate financial records, make periodic reports to the Board, and submit a complete annual report, in written form, to the Council as required by Article VII, Section 1, of this Ordinance.

2. Meetings of the Board shall be held at regular intervals as provided in the By-Laws. Emergency meetings may be held upon twenty-four (24) hours actual notice and business transacted, provided that not less than a majority of the full Board concurs in the proposed action.


ARTICLE V - POWERS

1. The Authority shall have perpetual succession in its corporate name.

2. The Council hereby gives its irrevocable consent to allowing the Authority to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this Ordinance and hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribe shall not be liable for the debts or obligations of the Authority.

3. The Authority shall have the following powers which it may exercise consistent with the purposes for which it is established:

(a) To adopt and use a corporate seal.

(b) To enter into agreements, contracts and understandings with any governmental agency, Federal, state or local (including the Council) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance, provided, however, the authority shall have no power or authority to effect in any manner the exclusive civil and criminal jurisdiction of the Poarch Band of Creek Indians' Tribal Council.

(c) To agree, notwithstanding anything to the contrary contained in this Ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or operation of projects; and the Authority may include any contract let in connection with a project stipulation requiring that the contractor and any subcontractors comply with any conditions which the Federal government may have attached to its financial aid to the project.

(d) To obligate itself, in any contract with the Federal Government for annual contributions to the Authority, to convey to the Federal Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject; and such contract may further provide that in case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract; provided that the contract requires that as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the Authority the project as then constituted.

(e) To lease property from the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.

(f) To borrow or lend money, to issue temporary or long-term evidence of indebtedness, and to,repay the same. Obligations shall be issued and repaid in accordance with the provisions of Article VI of this Ordinance.

(g) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.

(h) To purchase land or interest in land or take the same by gift; to lease land or interests in land to the extent provided by law.

(i) To undertake and carry out studies and analyses of housing needs, to prepare housing needs, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof.

(j) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperative or condominium units): To lease or rent, sell, enter into lease-purchase agreements or lease with option to purchase; to establish and revise rents or required monthly payments; to make rules and regulations concerning the selection of Tenants or Homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care, and management of housing units; and to make sure further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this Ordinance.

(k) To finance purchase of a home by an eligible Homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development.

(l) To terminate any lease or rental agreement or lease-purchase agreement when the Tenant or Homebuyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such Tenant or Homebuyer.

(m) To establish income limits for admission that insure that dwelling accommodations in a housing project shall be made available only to persons of low income.

(n) To purchase insurance from any stock or mutual company for any property or against any risk or hazards.

(o) To invest such funds as are not required for immediate disbursement.

(p) To establish and maintain such bank accounts as may be necessary or convenient.

(q) To employ an executive director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority may require; and to delegate to such officers and employees such powers or duties as the Board shall deem proper.

(r) To take such further actions as are commonly engaged in public bodies of this character as the Board may deem necessary and desirable to effectuate the purposes of the Authority.

(s) To join or cooperate with any other public housing agency or agencies operating under the laws or ordinances of a State or another tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purposes of financing (including but not limited to the issuance of notes or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating or contracting such other public housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority's behalf with respect to any or all powers, as the Authority's agent or otherwise, in the name of the Authority or in the name of such agency or agencies , provided however that no act of the Authority shall waive the exclusive jurisdiction of the Poarch Band Creek Indians Tribal Court over all areas and operations of the Authority.

(t) To adopt such By-laws as the Board deems necessary and appropriate.

4. It is the purpose and intent of this Ordinance to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any project by the Authority.

5. No ordinance or other enactment of the Tribe with respect to the acquisition, operation, or disposition of Tribal property shall be applicable to the Authority in its operations pursuant to this Ordinance.



ARTICLE VI - OBLIGATIONS

1. The Authority may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The Authority may issue such types of obligations as it may determine, including obligations on which the principal and interest are payable: (a) Exclusively from the income and revenues of the project financed with the proceeds from the income and revenues of the project financed with the proceeds of such obligations, or with such income and revenues together with a grant from the Federal Government in aid of such project; (b) exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or (c) from its revenues generally. Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Authority.

2. Neither the commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

3. The notes and other obligations of the Authority shall not be a debt of the Tribe and the obligations shall so state on their face.

4. Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute by virtue of this Ordinance and without necessity of being restated in the obligations, a contract between (a) the Authority and the Tribe, and (b) the holders of obligations and each of them, including all transferees of the obligations from time to time.

5. Obligations shall be issued and sold in the following manner:

(a) Obligations of the Authority shall be authorized by a resolution adopted by the vote of a majority of the full Board and may be issued in one or more series.

(b) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, and be subject to such terms of redemption, with or without premiums, as such resolution may provide.

(c) The obligations may be sold at public or private sale at not less than par.

(d) In any case any of the commissioners of the Authority whose signatures appear on any obligations cease to be commissioners before the delivery of such obligations, the signatures shall, nevertheless, be valid and sufficient for all Purposes, the same as if the commissioners had remained in office until delivery.

6. Obligations of the Authority shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Authority or the security therefor, any such obligation reciting in substance that it has been issued by the Authority to aid in financing a project pursuant to this Ordinance shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this Ordinance.

7. In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Authority, subject to the limitations in this ordinance, may;

(a) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.

(b) Provide for the powers and duties of obligees and limit their liabilities; and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations.

(c) Covenant against pledging all or any part of its rents, fees and revenues or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property.

(d) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof. Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(f) Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(g) Provide for the replacement of lost, destroyed or mutilated obligations:

(h) Covenant against extending the time for the payment of its obligations or interest thereon.

(i) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.

(j) Covenant concerning the rents and fees to be charged in the operation of a project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues; and as to the use and disposition to be made thereof.

(k) Create or authorize creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.

(l) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders or which must consent thereto, and the manner in which consent may be given.

(m) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies.

(n) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.

(o) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(p) Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants, securing or relating to the obligations.

(q) Exercise all or any part or combination of the powers granted in this section.

(r) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.

(s) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.



ARTICLE VII - MISCELLANEOUS

1. The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council showing (a) a summary of the year's activities,(b) the financial condition of the Authority,(c) the condition of-the properties, (e) any significant problems and accomplishments, (f) plans for the future, and (g) such other information as the Authority or the Council shall deem pertinent.

2. During his tenure and for one year thereafter, no commissioner, officer or employee of the Authority, or any member of any governing body of the Tribe, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in a project, or in any contract or proposed contract relating to any project, unless prior to such acquisition, he discloses his interest in writing to the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. If any commissioner, officer or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a commissioner, officer or employee, in any such event, shall immediately disclose his interest in writing to the Authority; and such disclosure shall be entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by 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. 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 any project or to act as trustee under any trust indenture, or to utility services the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in Article VI, Section 1. (a) (4)

3. 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 regulations and requirements prescribed from time to time by the Federal government in connection with such assistance.

4. The Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage for any officer, employee or other persons handling cash, or authorized to sign checks or certify vouchers.

5. The Authority shall not construct or operate any project for profit.

6. The Property of the Authority is declared to be public property used for essential public and governmental purposes and such property and the Authority are exempt from all taxes and special assessments of the Tribe.

7. All property including funds acquired or held by the Authority pursuant to this Ordinance 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 judgement against the Authority 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 the right of the Federal Government to pursue any remedies conferred upon it pursuant to the provisions of this Ordinance or the right of the Authority to bring eviction actions in accordance with Article V, Section 3. (1)



ARTICLE VIII - COOPERATION IN CONNECTION WITH PROJECTS

1. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribe hereby agrees that:

(a) It will not levy or impose any real or personal property taxes or special assessments upon the Authority or any project of the Authority.

(b) It will furnish or cause to be furnished to the Authority and the occupants of projects all services and facilities of the same character and to the same extent as the Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.

(c) Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Tribe as are reasonable and necessary to promote economy and efficiency in the development and operation of any project and at the same time safeguard health and safety, and make such, changes in any zoning of the site and surrounding territory of any project as are reasonable and necessary for the development of such project, and the surrounding territory.

(d) It will do any and all things, within its lawful powers, necessary,or convenient to aid and cooperate in the planning, undertaking; construction or operation of projects.

(e) The Poarch Band of Creek Indians' Tribal Council hereby declares that the powers of the Tribal Court shall be vigorously utilized to enforce eviction of a Tenant or Homebuyer for nonpayment or other contract violations including action through the appropriate courts.

(f) The Tribal Court shall have jurisdiction to hear and determine an action for eviction of a Tenant or Homebuyer. The Council hereby declares that the powers of the Tribal Court shall be vigorously utilized to enforce eviction of a Tenant or Homebuyer for nonpayment or other contract violations.

2. The provisions of this Article shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed or modified without the consent of the Department of Housing and Urban Development, so long as (a) the project is owned by a public body or or governmental agency and is used for low income housing purposes, (b) any contract between the Authority and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such projects, remains in force and effect, or (c) any obligations issued in connection with such project or any monies due to the Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing including the Federal Government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency, provided however that the exclusive jurisdiction over all legal actions shall remain forever vested in the Tribal Court.



ARTICLE IX - APPROVAL BY SECRETARY OF THE INTERIOR

With respect to any financial assistance contract between the Authority and the Federal Government, the Authority shall obtain the approval of the Secretary of the Interior or his designee.



ARTICLE X - EFFECTIVE DATE AND REPEAL OF PRIOR ORDINANCE

This Ordinance which shall be known as TCO 85-01, upon adoption by the Tribal Council, shall be effective as of July 1, 1984, and hereby supercedes and repeals that certain Ordinance adopted by the Tribal Council on July 1, 1984.



APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official on this 18th day of August , 1985, in accordance with established Tribal policy.

              /s/                 
Eddie L. Tullis, Chairman
Poarch Band of Creek Indians



CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council Meeting comprised of 9 members with 9 in attendance on the 18th day of August 1985, and that the above is in conformity with the provisions therein adopted by a vote of 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

              /s/                 
Eugene Madison, Secretary
Poarch Band of Creek Indians

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TRIBAL MEMBERSHIP
85:002


ELIGIBILITY

To be eligible for enrollment the applicant must complete the genealogy (pedigree) chart that is provided by the Tribal Enrollment Office and provide all documentary evidence such as birth certificates, death certificates, church records and affidavits to support the application. The applicant must establish his eligibility for Tribal Membership.

Membership of the Poarch Band of Creek Indians shall consist of:

(A) All persons enumerated as Indian on the following official documents:

(1) 1870 U.S. Census of Escambia County, Alabama

(2) 1900 US Census of Escambia County, Alabama

(3) 1900 US Special Indian Census of Monroe County, Alabama

NOTE: For the purpose of computing blood quantum of their descendants, for Tribal membership, all Indians eligible under Section 1 (A) of the Constitution of the Poarch Band of Creek Indians are hereby declared as fullblood (4/4) Creek Indians and shall constitute the base roll of the Poarch Band of Creek Indians.

(B) All living descendants of those eligible under Section 1 of the Constitution of the Poarch Band of Creek Indians at least one-fourth (1/4) degree Indian blood, provided they are not enrolled as members of any other tribe, group or band of Indians.

(1) No person who was eighteen years of age on or prior to and living on September 30, 1985, will be eligible to file an application for Tribal Enrollment after the deadline of September 30, 1985.

(C) All children of at least one-fourth (1/4) degree of Indian blood born to an enrolled member of the Poarch Band of Creek Indians.

(1) Minor children who were born prior to and living on September 30, 1985, and did not have an application for Tribal Enrollment filed on their behalf before the deadline of September 30, 1985, shall be eligible to file an application for Tribal Enrollment no later than sixty (60) days after their eighteenth (18) birthday.

(2) All children of at least one-fourth (1/4) degree of Indian blood, born after September 30, 1985, to an enrolled member of the Poarch Band of Creek Indians, must have an application for Tribal Enrollment filed with the Tribal Enrollment Office no later than sixty (60) days after the child is born. Failure of the parent or guardian to file an application for enrollment sixty (60) days after the child is born will result in the rejection of any application for enrollment until the child is eighteen years old.


FILING OF APPLICATIONS

Any person who desires to be enrolled and believes he meets the requirements specified in the membership criteria must file or have filed in his behalf a completed enrollment application with the Poarch Band of Creek Indians, Route 3 Box 243-A, Atmore, Alabama 36502 on the form provided for that purpose.

Application forms may be filed by sponsors on behalf of other persons.

Applications must be received on or before the deadline established by the Tribal Council. Applications received after that date will be rejected for failure to file on time regardless of whether the applicants otherwise meet the requirements for enrollment.

Applicants must complete the genealogy (pedigree) chart that is provided by the Tribal Enrollment Office and provide all documentary evidence such as birth certificates, death certificates, church records, wills, affidavits, or other substantiating evidence to prove his eligibility for enrollment.


BURDEN OF PROOF

The burden of proof rest: upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, death certificates, church records, baptismal records and affidavits may be used to support a claim for enrollment.


DETERMINING INDIAN BLOOD QUANTUM

To determine degree of Indian blood the Review Committee will use the printed "Chart for Calculating Quantum of Indian Blood."

Quantum of Indian blood is computed from the nearest Indian ancestor (blood relative) who is listed on the documents in Article I, Section (A) of the Constitution of the Poarch Band of Creek Indians. For the purpose of computing blood quantum of their descendants, for Tribal membership, all Indians eligible under Article I, Section (A) of the Constitution are hereby declared as fullblood (4/4) Creek Indians.

When the name of the applicant's father is not listed on his birth record and the applicant desires to compute the Indian blood quantum on the father, the applicant must provide a notarized Parental Acknowledgment Form. This form must be signed by BOTH parents in the presence of two witnesses and notarized. The staff officer will provide the Parental Acknowledgment Form upon request.

In cases of ADOPTION, quantum of Indian blood must be proved on the NATURAL PARENTS. A copy of adoption proceeding must be submitted with the application. All information will be kept confidential.


APPEALS

Any applicant who has been rejected for enrollment may file or have filed in his behalf a written appeal to the Grievance Committee which shall be appointed by the Tribal Chairman.


FILING OF AN APPEAL

Appeals from rejected applications mast be in writing and received by the Grievance Committee before the deadline established by the Tribal Council. The burden of proof of establishing eligibility is on the appellant.

The appeal should include any supporting evidence not previously furnished and other records having a direct bearing on the appellant's eligibility. An appeal may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the Grievance Committee.


ACTION ON APPEALS

If after review of the evidence or appeal, the Grievance Committee is satisfied that the right to membership has been established, the appellant shall be so notified in writing and his name shall be referred to the Tribal Council for Tribal membership. If the Grievance Committee determines the appellant is ineligible for membership, the appellant shall be so notified in writing no later than ten days from the date of their decision. Any individual rejected for membership by the Grievance Committee shall be informed in writing of his right of appeal to the Tribal Council and shall be furnished a copy of the procedures for filing the appeal.

The number of appeals to be considered will determine the number of days in the appeal process. The Tribal Council shall determine the deadline for decisions from the Grievance Committee.


APPEALS TO TRIBAL COUNCIL

Any applicant who has been rejected for membership by the Grievance Committee may file or have filed in his behalf a written appeal to the Tribal Council.

Written notice of appeal shall be given to the Tribal Council no later than thirty days from the date the decision is made by the Grievance Committee.

Gale Thrower
7-17-85

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Ordinance # 88:001



AN ORDINANCE TO CREATE CREEK INDIAN ENTERPRISES, THE BUSINESS ARM OF THE POARCH CREEK INDIANS.


Exercising inherent and aboriginal tribal sovereign power, the Poarch Creek Indians hereby enacts the following Ordinance.

1. Whereas, the Poarch Band of Creek Indians authorizes its tribal council to organize and maintain subordinate committees, organization, profit and/or non-profit corporations, pursuant to the Poarch Band of Creek Indians tribal constitution, Article IV, Section 4(o), and whereas, the Poarch Band of Creek Indians deems it advisable to organize a subordinate organization as the business arm of the tribe for purposes of organizing and supervising tribal business ventures,

2. Therefore, be it ordained by the Poarch Band of Creek Indians that there is hereby established the business arm of the tribe, operating as Creek Indian Enterprises, in accordance with the attached charter issued herewith and attached hereto;

3. Be it further ordained that no business venture of the Tribe shall be delegated to Creek Indian Enterprises except by ordinance of the tribe, and that upon adoption of such an ordinance, all ventures so delegated shall be subject to tribal management pursuant to the charter issued herewith; provided, nothing in this ordinance shall be construed to prevent Creek Indian Enterprises from planning and developing expansions, modifications, or ventures related to delegated businesses, or from planning or developing new ventures subject to Tribal approval and delegation.


APPROVAL

I, the Tribal Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official on this 23rd day of January, 1988, in accordance with established Tribal policy.

            /s/                 
EDDIE L. TULLIS, TRIBAL CHAIRMAN

 


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council Meeting comprised of 9 members with 8 in attendance on the 23rd day of January, 1988, and that the above is in conformity with the provisions therein adopted by a vote of 7 in favor 0 against, 0 abstentions, and that the above is the signature of the Poarch Creek Indians.

            /s/                 
DALE GEHMAN, TRIBAL SECRETARY                       SEAL

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Ordinance # 88:001A


AN ORDINANCE TO CREATE A TRIBAL EMPLOYMENT RIGHTS OFFICE FOR THE POARCH CREEK INDIANS


Exercising inherent and aboriginal tribal sovereign power, the Poarch Creek Indians hereby enacts the following Ordinance.

Whereas, land, water, minerals, jobs, subcontracts and contracts in the private sector on or near the Poarch Creek Indian Reservation are an-important resource for Indian people and

Whereas Indian people must use their rights to obtain their rightful share of such opportunities as they become available. Indians have unique and special employment, subcontract and contract rights and the Poarch Creek Tribal Government has the inherent sovereign power to pass laws to implement and enforce those special rights on behalf of Indians. Indians are also entitled to the protection of the laws that the Federal government has adopted to combat employment discrimination, and tribal governments can and should play a role in the enforcement of those laws. The Poarch Creek Indians believes it is important to establish an employment rights program and office in order to use the aforementioned laws and powers to increase employment of Indian workers and businesses and to eradicate discrimination against Indians.


Section 2: Definitions

A. "Employee" means any person employed for remuneration.

B. "Employer" means any person, partnership, corporation or other entity that employs, for wages, two or more employees.

C. "Covered Employer" means any employer employing two or more employees who during any 30-day period, spend, cumulatively, 40 or more hours performing work within the exterior boundaries of the Poarch Creek Indian Reservation.

D. "Entity" means any person, partnership, corporation joint venture, government, governmental enterprise, or any other natural or artificial person or organization. The term "Entity" is intended to be as broad and encompassing as possible to ensure the Ordinance's coverage over all employment and contract activities within the Tribe's jurisdiction, and the term shall be so interpreted by the Commission and the courts.

E. "Commission" means the Poarch Creek Indians Tribal Employment Rights Commission established by this ordinance.

F. "Commercial Enterprise" means any activity by the Poarch Creek Indians or of the federal or state governments that is not a traditional government function as defined by the Internal Revenue Service.

G. "Indian" means any member of a federally-recognized Indian tribe.

H. "Local Indian" means any enrolled member of the Poarch Creek Indians.


Section 3: Indian Preference In Employment

All covered employers, for all employment occurring within the exterior boundaries of the Poarch Creek Indian Reservation, shall give preference to qualified Indians, with the first preference to local Indians, in all hiring, promotional, training, layoffs, and all other aspects of employment. Such employers shall comply with the Rules, Regulations, Guidelines and Orders of the Poarch Creek Indians Employment Rights Commission, which set forth the specific obligations of employers in regard to Indian preference and local Indian preference. These requirements shall not apply to any direct employment by the Poarch Creek Indians or by the federal, state or other governments or their subdivisions. It shall apply to all contractors or grantees of such governments, and to all commercial enterprises operated by such governments.


Section. 4: Indian Preference In Contracting

All entities awarding contracts or subcontracts for supplies, services, labor and materials in an amount of $5,000 or more where the majority of the work on the contract or subcontract will occur within the exterior boundaries of the Poarch Creek Indian Reservation, shall give preference in contracting and subcontracting to qualified entities that are certified by the Commission as 51% or more Indian owned and controlled, with a first preference to qualified entities that are 51% or more owned and controlled, by local Indians. These requirements shall not apply to the award of contracts awarded directly by the Poarch Creek Indian Tribal Council or by the federal or state government or their subdivisions. They shall apply to any contracts awarded by any commercial enterprises of the Poarch Band of Creek Indians, even if said contracts must be submitted to the Poarch Creek Indian Tribal Council for approval.

Tribal programs or divisions other than commercial enterprises shall not be required to comply with these requirements but shall be required, when submitting a contract to the Poarch Creek Tribal Council for approval, to indicate, as part of the submission to the Committee, the steps taken to award the contract to a local Indian contractor. These requirements shall apply to all subcontracts awarded by a tribal, federal or state direct contractor or grantee, whether or not the prime contract was subject to these requirements. All covered entities shall comply with the rules, regulations, guidelines and orders of the Commission which set forth the specific obligations of such entities in regard to Indian preference in contracting and subcontracting. The Commission shall establish a system for certifying firms as Indian preference and local Indian preference eligible.


Section 5: Unions

Any covered employer who has a collective bargaining agreement with one or more unions shall obtain written agreement from such union (s) stating that the union shall comply with Indian preference laws, and with the rules, regulations and guidelines of the Poarch Creek Tribe. Such agreement shall be subject to the approval of the Commission.


Section 6: Commission; Members; Compensation; Quorum

A. There is created a Poarch Creek Indian Employment Rights Commission.

B. The Commission shall be composed of five commissioners appointed by the Poarch Creek Indian Tribal Council. The Committee shall designate one of such commissions as Commission Chairman. The Commission shall serve at the pleasure of the Tribal Council until replaced.

C. Members of the Commission shall be entitled to receive, upon presentation of proper vouchers, such mileage and per diem payments as are in effect for Committee Members of the Poarch Creek Indians Tribal Council.


Section 7: Powers Of The Commission

The Commission has the full power, jurisdiction and authority to:

A. Formulate, adopt, amend and rescind rules, regulations and guidelines necessary to carry out the provisions of this Ordinance. Except when an emergency exists, the Commission shall provide the public with a reasonable time for comment before promulgating any final regulations.

B. Require each covered employer or entity to submit to the Commission an acceptable compliance plan indicating how it will comply with this ordinance, before a covered employer or entity may commence work within the exterior boundaries of the Poarch Creek Indians Reservation.

C. Impose numerical hiring goals and timetables that specify the minimum number of Indians a covered employer must hire, by craft or skill level.

D. Require covered employers to establish or participate in such training programs as the Commission determines necessary in order to increase the pool of qualified Indians on the Poarch Creek Indians Reservation as quickly as possible.

E. Establish in conjunction with Tribal Employment and Training Department, a Tribal Labor Surplus Pool and impose a requirement that no covered employer may hire a non-Indian until the Tribal Employment and Training Department has certified that no qualified Indian is available to fill the vacancy, from the Tribal Labor Surplus Pool with a first preference in referral to local Indians.

F. Prohibit covered employers from using qualification criteria or other personnel requirements that serve as barriers to Indian employment unless the employer can demonstrate that such criteria or requirements are required by business necessity. In developing regulations to implement this requirement, the Commission shall adopt the EEOC guidelines on these matters to the extent that they are appropriate. The Commission shall have the right to impose its own requirements in addition to or in lieu of EEOC guidelines when necessary to address unique qualification problems confronting Indians.

G. To enter into agreements with unions to insure union compliance with this Ordinance. Such agreements shall in no way constitute recognition; or endorsement of any one union.

H. Impose contracts and subcontract preference requirements, with a first preference to local Indian firms, and establish and operate a system for certifying firms as eligible for Indian preference and local Indian preference.


Section 8: Director; Qualifications; Staff; Duties

A. The Commission shall have exclusive authority to appoint, direct, suspend or remove the Director of the Commission.

B. The Director shall have such administrative ability, education and training as the Commission determines. He/she may be removed by the Commission for cause.

C. The Director shall have authority to hire staff, to expend funds appropriated by the Poarch Creek Indians Tribal Council, and to obtain and expend funding from federal, state or other sources to carry out the purposes of the Commission, subject to approval by the Poarch Creek Indians Tribal Council.

D. The Director shall administer the policies, authorities, and duties prescribed for him/her in this Ordinance and delegated to him/her by the Commission pursuant to Section 9.


Section 9: Delegation Of Authority

The Commission shall delegate to the Director the authority to carry out the day-to-day operations of the Commission and such other authority as is convenient or necessary to the efficient administration of this Ordinance, except that the Commission may not delegate its power or duty to:

A. Adopt, amend and rescind rules, regulations, or guidelines.

B. To conduct hearings or to impose sanctions pursuant to Section 15.


Section 10: Intergovernmental Relationships

The Commission acting through the Director is authorized to enter into cooperative relationships with federal employment rights agencies, such as EEOC and OFCCP, in order to eliminate discrimination against Indians on and off the Poarch Creek Indians Reservation.


Section 11: Employment Rights Fee

An employment rights fee, to raise revenue for the operation of the Commission, is imposed as follows:

A. Every covered employer with a construction contract in the sum of $100,000 or more shall pay a one-time fee of 1/2 of 1% of the total amount of the contract. Such fee shall be paid by the employer prior to commencing work on the Poarch Creek Indians Reservation. However, where good cause is shown, the Commission may authorize a construction contractor to pay said fee in installments over the course of the contract.

B. Every covered employer, other than construction contractors, with twenty (20) or more employees working on the Poarch Creek Indian Reservation, or with gross sales on the Poarch Creek Indian Reservation of $100,000 or more shall pay a quarterly fee of 1/2 of 1% of his employees quarterly payroll which shall be paid within 30 days after the end of each quarter. This fee shall not apply to education, health, governmental, or non-profit employers nor to any entities that the Tribe directly or indirectly holds a majority interest in, or to utilities franchised by the Poarch Creek Indians.

C. The Director shall be responsible for collecting said fees pursuant to any rules and regulations adopted by the Commission. Said fees shall be paid to the Tribe and shall be credited to the general account of the Poarch Creek Indians.


Section 12: Complaints

Any individual, group of individuals or organization that believes any covered employer or entity, or the Commission has violated any requirements imposed by this Ordinance or regulations issued pursuant to it, may file a complaint with the Director. The complaint shall be in writing and shall provide such information as is necessary to enable the Director to carry out an investigation. The Director shall investigate every complaint filed. If upon investigation, the Director has reason to believe a violation has occurred, he/she shall proceed pursuant to the provisions of Section 15. Within 20 days after receipt of the complaint, and on a regular basis thereafter, the Director shall provide the complaining party with a written report on the status of the complaint.


Section 13: Investigations

On the Director's own initiative or pursuant to a complaint, the Director or any Field Compliance Officer designated by the Director shall make such public or private investigations within the Poarch Creek Indians Reservation has the Director or the Commission deems necessary to determine whether any covered employer or other covered entity has violated any provision of this Ordinance or any rule or order hereunder, or to aid in prescribing rules, regulations and guidelines hereunder. The Director or his/her delegate may enter, during business hours, the place of business or employment of any employer for the purpose of such investigations, and may require the covered employer or entity to submit such reports as the Commission deems necessary it monitor compliance with the requirements of this Ordinance or any rule, for order hereunder.


Section 14: Power to Require Testimony A Production of Records

For the purpose of investigations or hearings which, in the opinion of the Commission, are necessary and proper for the enforcement of this Ordinance. The Commission may administer oaths or affirmations, subpoena: witnesses, take evidence, and require, by citation, the production of books, papers, contracts, agreements or other documents, records or information which the Commission deems relevant or material to the inquiry.


Section 15: Enforcement

A. When, after conducting an investigation, initiated by a complaint pursuant to Section 12 or a self-initiated investigation pursuant to Section 13, the Commissioner has reason to believe a violation of this Ordinance or regulations issued pursuant to it has occurred, the Commission will instruct the Director to notify the covered employer or entity in writing, specifying the alleged violations. However, the Director may withhold the name(s) of the complaining party if he/ she has reason to believe such party shall be subject to retaliation. The Director shall seek to achieve an informal settlement of the alleged violation. If he/she is unable to do so, he/she shall issue a formal notice of noncompliance, which shall also advise the covered employer or entity of their right to request a hearing.

B. The formal notice shall set out the nature of the alleged violation and the steps that must be taken to come into compliance. It shall provide the employer or entity with a reasonable time, which in no event shall be less than five days from the date of receipt of such notice, to comply, unless the Commission has reason to believe irreparable harm will occur during that period, in which case the Commission may require that compliance occur within fewer than five days. If the party fails or refuses to comply, the Commission may request a hearing before the Tribal Council, which shall be held no sooner than five days and no later than 30 days after the date for compliance set forth in the Commission notification to the party charged of a violation, unless an expedited hearing is deemed necessary by the Commission to avoid irreparable harm. If a party fails or refuses to comply and does not request a hearing, the Commission may proceed pursuant to Sub-Section E.

C. If the party requests a hearing pursuant to Subsection B, and the Director has good cause to believe that there is a danger that the party requesting the hearing will remove itself or its property from the jurisdiction of the Poarch Creek Indians prior to the hearing, he/she may, in his/her discretion, require the party to post a bond with the Commission in an amount sufficient to cover possible monetary damages that may be assessed against the party at the hearing. If the party fails or refuses to post said bond, the Commission may proceed pursuant to Subsection E. The Commission may also petition the Poarch Creek Indians Tribal Court for such interim and injunctive relief as is appropriate to protect the rights of the Commission and other parties during the pendency of the complaint and hearing proceedings.

D. Any hearing held pursuant to Subsection B shall be conducted by the Commission. Conduct of the hearing shall be governed by the rules of practice and procedure which may be adopted by the Commission. The Commission shall not be bound by technical rules of evidence in the conduct of hearings under this Ordinance, and no informality in any proceeding, as in the manner of taking testimony, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission. No stenographic record of the proceedings and testimony shall be required except upon arrangement by, and at the cost of the party charged.

E. If, after the hearing, the Commission determines that the violation alleged in Subsection A occurred and that the party charged has no adequate defense in law or fact, or if no hearing is requested, the Commission may:

1. Deny such party the right to commence business on the Poarch Creek Indian Reservation;

2. Suspend such party's operation within the Poarch Creek Indian Reservation;

3. Terminate such party's operation with the Poarch Creek Indian Reservation;

4. Deny the right of such party to conduct any further business with the Poarch Creek Indian Reservation;

5. Impose a civil fine on such party in an amount not to exceed $500 for such violation;

6. Order such party to make payment of back pay to any aggrieved Indian;

7. Order such party to dismiss any employees hired in violation of the Poarch Creek Indian Tribe's employment right requirements;

8. Order the party to take such other action as is necessary to ensure compliance with this Ordinance or to remedy any harm caused by a violation of this Ordinance, consistent with the requirements of 25 U.S.C. 1301 et seq.

The Commission's decision shall be in writing, shall be served on the charged party by registered mail or in person no later than thirty days after the close of the hearing provided in Subsection E. Where the party's failure to comply immediately with the Commission's orders may cause irreparable harm, the Commission may ask the Tribal Court, and the Tribal Court may grant, such injunctive relief as necessary to preserve the rights of the beneficiaries of this ordinance, pending the party's appeal or expiration of the time for appeal.


Section 16: Appeals

A. An appeal to the Tribal Court may be taken from any final order of the Commission by any party adversely affected thereby. Said appeal must be filed no later than 20 days after the party receives a copy of the Commission's decision. The Tribal Court shall uphold the decision of the Commission unless it is demonstrated that the decision of the Commission is arbitrary, capricious or in excess of the authority of the Commission. The appeal shall be taken by serving a written notice of appeal with the Tribal Court, with a copy to the Commission within twenty days after the date of the entry of the order. The notice of appeal shall:

1. Set forth the order from which appeal is taken;

2. Specify the grounds upon which reversal or modification of order is sought;

3. Be signed by appellant.

Except as provided in Subsection F, the order of the Commission shall abate pending the determination of the Tribal Court. However, the Director may petition and, for good cause shown, the Court may order the party requesting a hearing to post a bond sufficient to cover monetary damages that the Commission assessed against the party or to assure the party's compliance with other sanctions or remedial actions imposed by the Commission's Order if that Order is upheld by the court. If, the Order of the Commission is reversed or modified, the Court shall, by its mandate, specifically direct the Commission as to further action in the matter, including making and entering any Order or Orders in connection therewith, and the limitations, or conditions to be contained therein.

If the Commission's Order is upheld on appeal, or if no appeal is sought within 20 days from the date of party's receipt of the Commission's Order is upheld on appeal, or if no appeal is sought within 20 days from the date of party's receipt of the Commission's Order, the Commission shall petition the court and the court shall grant such orders as are necessary and appropriate to enforce the Orders of the Commission and the sanctions imposed by it.

B. If at any stage in the enforcement process, the Commission has reason to believe there is a danger that a party will remove itself or its property from the jurisdiction of the Tribal Court, such that the Commission or the Court will not be able to collect monetary damages or TERO fees that are (a) owed by that party pursuant to any outstanding order of the Commission or Court, or (b) which may be owed if the charges set out in any outstanding notice of violations are upheld, the Commission may petition the Tribal Court pursuant to the rules and procedures of that Court to attach and hold sufficient property of the party to secure compliance or for such other relief as is necessary and appropriate to protect the rights of the Commission and other affected parties.


Section 17: Confiscation and Sale

If, 21 days after a decision by the Commission pursuant to Subsection F of Section 15, no appeal has been filed, or 30 days after a decision by the Court on an appeal from a decision by the Commission pursuant to Subsection (A) of Section 16 a party has failed to pay monetary damages imposed on it or otherwise complied with an order of the Commission or the Court, the Commission may petition the Court to order the Tribal Police to confiscate, and hold for sale, such property of the party as is necessary to ensure payment of said monetary or to otherwise achieve compliance. Said petition shall be accompanied by a list of property belonging to the party which the Commission has reason to believe is within the jurisdiction of the Tribal Court, the value of which approximates the amount of monetary damages at issue. If the Court finds the petition to be valid, it shall order the Tribal Police to confiscate and hold said property or as much as is available. The Tribal Police shall deliver in person or by certified mail, a notice to the party informing it of the confiscation and of its right to redeem said property by coming into compliance with the order outstanding against it. If 30 days after confiscation the party has not come into compliance, the Court shall order the Police to sell said property and use the proceeds to pay any outstanding monetary damages imposed by the Commission and all costs incurred f by the Court and Police in the confiscation and sale. Any proceeds remaining shall be returned to the party.


APPROVAL

I, the Tribal Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official this 27th day of March 1988, in accordance with established Tribal policy

              /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting comprised of 9 members with 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

              /s/                 
Dale Gehman, Secretary

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Ordinance 88:002


AN ORDINANCE TO ANNUALLY DISTRIBUTE DISCRETIONARY FUNDS.


Exercising inherent and aboriginal tribal sovereign power, the Poarch Band of Creek Indians hereby enacts the following ordinance.

1. Whereas, the Poarch Band of Creek Indians authorizes its tribal council to appropriate and distribute resources needed to conduct the necessary activities and functions of a Tribal government,

2. Therefore be it ordained by the Poarch Band of Creek Indians that the Tribal Council shall annually appropriate and distribute Discretionary Funds of the Tribe. "Discretionary Funds" means any funds derived from tribal resources unrelated to any federal, state, or local government funding agency.

3. Distribution of Discretionary Funds will be in the form of a Tribal Council Resolution, stating the activity and/or function to be funded and stating the percentage of funds to be allocated to each activity and/or function.

4. Discretionary Fund Distribution Resolutions will be acted upon annually at the September Regular Council Meeting or by unanimous vote at any Regular Council Meeting. Said Resolution would place in effect the planned distribution of Discretionary Funds for the following Tribal Fiscal Year October 1 through September 30.



APPROVAL

I, the Tribal Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official on this 21st day of February, 1988, in accordance with established Tribal policy.

              /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council Meeting comprised of 9 members with 9 in attendance on the 21st day of February, 1988, and that the above is in conformity with the provisions therein adopted by a (vote 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

              /s/                 
Dale Gehman, Secretary

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Ordinance 88:003


AN ORDINANCE TO TRANSFER MANAGEMENT OR ECONOMIC DEVELOPMENT PROPERTIES TO CREEK INDIAN ENTERPRISES


Exercising inherent and aboriginal tribal sovereign power, The Poarch Band of Creek hereby enacts the following ordinance,

Be it hereby ordained that the managerial responsibility of all economic development land and properties of the Poarch Band of Creek Indians is transferred to Creek Indian Enterprises, the economic development arm of the Tribe. These land and properties to include but not limited to the following:

1. Industrial Park (Land and Building-Hwy 21)

2. Best Western Complex (Land and Building)

3. Strader Manufacturing (Land and Building)

4. Commercial Property (6.5 acres-Exit 57)


APPROVAL

I, the Tribal Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this ordinance authorizing it to become official on this 31st day of March, 1988, in accordance with established Tribal policy.

            /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true exact from the minutes of the Tribal Council meeting comprised of 9 members with 9 in attendance on the 31st day of March, 1988, and that the above is in conformity with the provisions therein adopted by a vote 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

          /s/                 
Dale Gehman, Secretary

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Tribal Ordinance 88:004


AN ORDINANCE TO CREATE THE CREEK INDIAN ARTS COUNCIL AND CREEK INDIAN ARTS COUNCIL ENDOWMENT FUND, PRESCRIBED BOARD COMPOSITION, AND ESTABLISH ENDOWMENT FUND FINANCIAL METHODOLOGY.


Exercising inherent and aboriginal tribal sovereign power, the Poarch Band of Creek Indians hereby enacts the following-ordinance:

PURPOSE WHEREAS, goals established by Tribal members document the construction of a museum to preserve our unique Tribal identity from forces that threaten to diminish it in order to pass it to descendants forever; and,

WHEREAS, the Poarch Band of Creek Indians Tribal Council, on behalf of Tribal members, realizes and accepts the need and obligation to record, preserve, and display in a precise and quality manner the history, religion, culture, and art of the American Indian, specifically the Poarch Band of Creek Indians; and,

WHEREAS, the Tribal Council, in an effort to preserve the rich history all American Indians, commits to the construction and maintenance of Tribal museums and gift shops; and,

WHEREAS, the Tribal Council expresses confidence that external sources will contribute expertise and experience to this cause; and,

WHEREAS, the Tribal Council recognizes the need for a management body to oversee the operation and management of all Tribal museums and gift shops.

NOW, THEREFORE BE IT ORDAINED AND CREATED the Creek Indian Arts Council and Creek Indian Arts Council Endowment Fund is created to operate as prescribed by the laws of the Poarch Band of Creek Indians.


CREEK INDIAN ARTS COUNCIL

BE IT FURTHER ORDAINED that the Creek Indian Arts Council, in consultation with the Tribal Council on cultural, artistic, and historical matters related to the Poarch Band of Creek Indians and other American Indians will include the following directions empowered by the Poarch Band of Creek Indians Constitution:

1. A five-member Board of Directors consisting of not less than three Tribal members, one being a Tribal Council member; and,

2. The Tribal Council will appoint the initial Board, thereafter the Board shall appoint, members with confirmation by the Tribal Council, and;

3. The Tribal Council reserves the right to remove any Board Member for just cause;


CREEK INDIAN ARTS COUNCIL ENDOWMENT FUND

BE IT FINALLY ORDAINED, that the Tribal Council realizes the enormous cost and commitment related to the establishment, management, and continuous operation of quality museums and gift shops, and thus, sets forth the following measures for the establishment of the Creek Indian Arts Council Endowment Fund:

1. Twenty-five percent of the Wetumpka Bingo operation's excess profits shall be earmarked for and invested into an endowment fund until the realization of one (1) million dollars is achieved;

2. Upon the realization of one (1) million dollars, ten percent of the Wetumpka Bingo operation's excess profits shall be earmarked for and invested into the endowment fund until the realization of two (2) million dollars; and,

3. Concurrent with the investment of Wetumpka Bingo operation funds, the Creak Indian Arts Council shall be actively seeking support funds from external sources.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians hereby affix my signature to this ordinance authorizing it to become official this 22th day of May 1988, in accordance with Tribal policy.

            /s/                 
EDDIE L TULLIS, TRIBAL CHAIRMAN


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 9 in attendance on the 22nd day of May, 1988, and that the above is in conformity with the provisions therein adopted by a vote of 8 in favor 0 against, 0 abstentions, and that the above is the signature of the Chairman.

            /s/                 
DALE GEHMAN, SECRETARY

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Tribal Ordinance 88:005


AN ORDINANCE TO CREATE THE POARCH CREEK INDIAN PUBLIC SERVICE COMMISSION.


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal Constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enacts the following ordinance:


PURPOSE

WHEREAS, as a part of its exercising of governmental sovereignty, the Poarch Band of Creek Indians wishes to regulate the provisions of telecommunication services on or near the Reservation, due in part to prior deficiencies in the provision of these services; and

WHEREAS, a properly constituted regulation of telecommunication services on or near the Reservation will require a body authorized to issue and withdraw certificates of necessity and convenience to qualified telephone and telecommunication providers;

NOW THEREFORE BE IT ORDAINED AND CREATED that the Tribal Council establish the Poarch Creek Indian Public Service Commission (hereinafter referred to as the "Commission") as an agency and instrumentality of the Poarch Band of Creek Indians. In any suit, action or proceeding involving the validity or enforcement of or relating to any of it contracts, the Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of adoption of this ordinance;


ARTICLE 1 - PURPOSE

The Commission shall be organized and operated for the purposes of regulating utilities and telecommunication services on or near the Poarch Creek Indian Reservation and shall have the powers to grant franchises, to negotiate claims or disputes, to approve proposed rates for telecommunication services (subject to appeals to the Tribal Court), and to serve as an advocate for Tribal consumers.


ARTICLE 2 - ORGANIZATION

The Commission shall consist of three (3) commissioners (not less than one (1) Commissioner being a Tribal Council member) who are appointed by the Tribal Chairman with confirmation by the Tribal Council. The terms of office shall be staggered with a one (1) year appointment, two (2) year appointment, and four (4) year appointment for the initial terms. All subsequent appointments shall be for a period of a four (4) year term. The Board of Commissioners shall operate in accordance with its adopted Bylaws and submit annual reports to the Tribal Council.

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Ordinance 88:006


AN ORDINANCE GRANTING A CHARTER TO THE POARCH CREEK TELEPHONE COMPANY
.


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal Constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enact the following ordinance:

WHEREAS, communications is becoming increasingly important in the "Information Age", and telecommunications, especially in the rural areas, is an important component of an economic development plan; and

WHEREAS, in the exercise of the aforementioned powers, enactment of this ordinance constitutes creation of the Poarch Creek Telephone Company;

NOW THEREFORE BE IT ORDAINED THAT the Tribal Council of the Poarch Band of Creek Indians hereby grant and bestow Tribal corporate charter capacity upon the Poarch Creek Telephone Company, and does hereby empower this entity, subject to the restrictions of applicable federal and Tribal law and subject further to regulation by ordinance of the Tribal Council to conduct business, exercise all lawful corporate powers, and be governed and managed by Creek Indian Enterprises (C.I.E.), the economic development arm of the Tribe, under this Charter granted by this Council; and

BE IT FURTHER ORDAINED that the Poarch Band of Creek Indians Tribal Council does hereby transfer and vest all management responsibilities and assets currently owned and to be acquired by the Poarch Creek Telephone Company to Creek Indian Enterprises (C.I.E.), and that C.I.E. shall manage and operate the Poarch Creek Telephone Company in accordance with the adopted bylaws of C.I.E.; And

BE IT FURTHER ORDAINED that this Ordinance shall become effective from and after the date of its approval by the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians hereby affix my signature to this Ordinance authorizing it to become official this lst day of November, 1988, in accordance with Tribal policy.

          /s/                 
Eddie L. Tullis, Tribal Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council Meeting of the Poarch Band of Creek Indians, comprised of 9 members with 8 in attendance, on the lst day of November, 1988 and that the above is in conformity with the provisions therein adopted by a vote of 7 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

          /s/                 
Dale Gehman, Secretary

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Charter of Poarch Creek Telephone Company

A Tribal Enterprise Chartered by the Poarch Band of Creek Indians

November 1, 1988

[*Digitizer's Note: From the title page of this document.]



CHARTER
of the
Poarch Creek Telephone Company
by the
Poarch Band of Creek Indians

 

Section 1. NAME

In order to further the social welfare and economic development of the Poarch Band of Creek Indians and its members, there is hereby issued by ordinance of the Tribal Council of the Poarch Band of Creek Indians this Charter for an entity to conduct business under the corporate name "Poarch Creek Telephone Company," hereinafter referred to as the "Enterprise".


Section 2. AUTHORIZATION

The Enterprise is established by ordinance of the Tribal Council of the Poarch Band of Creek Indians pursuant to exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal Constitution as ratified June 1, 1985, and shall become effective immediately upon enactment of the ordinance.


Section 3. PURPOSE

The purpose of the Enterprise shall be to provide land line telephone services, cellular telephone services, beeper and pager services, and satellite communications on or near the Poarch Creek Indian Reservation, to engage in operations on a contractual basis with any person (including governments and corporations), to promote the reduction of unemployment, reduce dependency on the federal government, and generate revenues.


Section 4. MANAGEMENT AND OPERATION

The Ordinance shall transfer all management responsibilities and assets which are currently owned and to be acquired by the Enterprise to Creek Indian Enterprise (C.I.E.) And that C.I.E. Shall manage and operate the Enterprise in accordance with the adopted bylaws of C.I.E.


Section 5. BOARD OF DIRECTORS

The Enterprise shall be governed by a Board of Directors which shall exercise the powers herein enumerated. The Board shall consist of five members. The initial board shall be appointed by the Tribal Chairman and confirmed by the Tribal Council, thereafter, the board shall be self perpetual.


Section 6. QUORUM AND VOTING

Three members of the Board of Directors shall constitute a quorum, with all matters governed by a majority vote of those members present and voting at a meeting of the Board at which a quorum is present.


Section 7. POWERS OF THE BOARD

The Board of Directors, subject to all applicable federal and Tribal laws, shall have the following powers:

a. to adopt, use, and alter an official seal;

b. to purchase, take by lease, sublease, gift, bequest, or otherwise acquire, own, hold, manage, operate, encumber, sublease, and dispose of property of every description, both real and personal;

c. to borrow from any source whatsoever without limit as to any amount, and on such terms and conditions and for such consideration and periods of time that the Board of Directors shall determine; to use all funds thus obtained to carry out Enterprise purposes under this Charter; and to pay outstanding Enterprise indebtedness;

d. to engage in any lawful business or activity reasonably related to the purpose for which this Charter is granted, and to hire and terminate staff;

e. to make and perform contracts and agreements with any person, association, or corporation, law firm or attorney, with any municipality, county, state, Indian tribe or tribal enterprise, or with the United States for any purpose reasonably related to the Enterprise's authorized operations and including contracts to employ legal counsel;

f. to pledge, mortgage, convey, assign, or use Enterprise assets to the extent of the Enterprise's interest therein as security for the repayment of an indebtedness incurred by the Enterprise pursuant to this Charter;

g. to deposit to the credit of the Poarch Creek Telephone Company assets of the Enterprise in insured accounts of any institution, the deposits of which are insured by an agency of the federal government;

h. to adopt such bylaws as the Board of Directors deems necessary and appropriate, and to adopt policies for the administration of personnel, finances, and property, consistent with the policies in these areas adopted by the Tribal Council for Tribal enterprises;

i. to exercise such further incidental powers not inconsistent with law or this Charter as may be necessary to the conduct of Enterprise business.


Section 8. WAIVERS

No property and/or Tribal sovereign rights or assets of the Poarch Band of Creek Indians shall in any way be impaired by anything contained in this Charter, except as provided in section 7(f) hereof. The property and assets individually owned by members of the Poarch Band of Creek Indians shall not be subject to any Enterprise debts or liabilities.


Section 9. REVENUES

At the close of each fiscal year the Board of Directors of the Enterprise shall determine the net income for that fiscal year, together with the accumulated surplus or deficit from prior fiscal years. The Board shall in is discretion determine the amount thereof needed for reserves to meet Enterprise obligations and to finance the activities of the Enterprise, including the purchase of additional capital equipment, and such funds shall be retained by the Enterprise. Fifty percent (50%) of the surplus in excess of that amount shall be remitted to Creek Indian Enterprises with the remaining retained by the Enterprise for its continued operation. .


Section 10. FINANCIAL RECORDS AND AUDIT

The Board of Directors of the Enterprise shall maintain accurate and complete records of the financial affairs of the Enterprise, shall cause an annual audit of the Enterprise's financial affairs to be conducted by a certified public accountant in accordance with generally accepted accounting principles, consistently applied, shall furnish an annual budget, an annual balance sheet, income statement, and complete report of the financial affairs of the Enterprise to the Creek Indian Enterprise.


Section 11. BOARD COMPENSATION

Members of the Board of Directors shall not be paid for their services to the Enterprise, nor shall any of those members hold any paid position as an employee, agent, or consultant of the Enterprise; provided, however, that the Enterprise may reimburse Board members for expenses on behalf of the Enterprise. The Board of Directors shall be authorized to employ any other persons to carry out the purpose of this Charter upon such terms and conditions as the Board shall determine.


Section 12. INSURANCE

The Enterprise shall at all time maintain insurance covering general liability and adequate fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers.


Section 13. INDIAN PREFERENCE

a. The Enterprise shall adhere in regard to recruitment, employment, reduction in force, promotion, training, and related employment actions to a publicly announced policy and practice of extending preferential treatment to Indian living on or near the Poarch Creek Indian Reservation;

b. The Enterprise shall further implement and maintain an aggressive program of recruiting, training, and upgrading Indian employees, and, to the extent that funds are available, shall provide pre-employment and pre-promotion training for qualified Indian applicants in furtherance of the goal of insuring maximum Indian employment and participation in all levels of the management, operation, and work force of the Enterprise;

c. Notwithstanding parts (a) and (b) of this section, the Enterprise is empowered to employ non-Indians when no qualified Indian living on or near the Poarch Creek Indian Reservation can be recruited, trained, or upgraded to fill a given job vacancy within a reasonable period of time at a reasonable cost consistent with business necessity.


Section 14. BYLAWS

The Board of Directors of the Enterprise shall develop and present to Creek Indian Enterprise draft bylaws, for the Enterprise, for review and approval. Once approved by Creek Indian Enterprise the bylaws of the Enterprise may not be amended without review and approval of the amendment or amendments by Creek Indian Enterprise.


Section 15. TERM AND DISSOLUTION

The period of existence of the Enterprise shall be perpetual, though it may be dissolved by the common consent of its Board of Directors and the Tribal Council. In the event the Enterprise is dissolved, all financial obligations will be met before the assets of the Enterprise become the property of Creek Indian Enterprises.


Section 16. ORDINANCE AMENDMENTS

Amendments may be proposed in the form of a revised ordinance, a copy of which must be served by mail upon each Council member for review and consideration at least one week in advance of the Council meeting at which it is to be introduced. An ordinance thereafter adopted shall become effective upon passage.


Section 17. COPIES

Two originals of the Charter shall be executed, one to be retained by the Tribe and the other to be provided to the Enterprise. The signature of the Chairman and Secretary, together with the accompanying ordinance, shall be affixed hereto. This document, together with the accompanying ordinance, shall evidence due tribal incorporation of the Poarch Creek Telephone Company.


Section 18. EFFECTIVE DATE

This Charter shall be effective from and after the date of passage of the ordinance by the Tribal Council.

Dated this 1st day of November, 1988.

        /s/                 
Eddie L. Tunis, Tribal Chairman

          /s/                 
Dale Gehman, Secretary

(TRIBAL SEAL)

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Ordinance 88:007

 

AN ORDINANCE TO AMEND TRIBAL ORDINANCE 88:003 TO INCLUDE ADDITIONAL PROPERTY AND CLARIFY DESCRIPTIONS OF EXISTING PROPERTIES UNDER THE MANAGEMENT OF CREEK INDIAN ENTERPRISES


Exercising inherent and aboriginal tribal sovereign power, The Poarch Band of Creek Indians hereby enacts the following ordinance:

Be it hereby ordained that the managerial responsibility of all economic development land and properties of the Poarch Band of Creek Indians is transferred to Creek Indian Enterprises, the economic development arm of the Tribe. These land and properties are to include but not be limited to the following:

1. Parcel 12 - Industrial Park (Land and Buildings, Hwy. 21);

2. Parcel 11 - Best Western Complex (Land and Building);

3. Strader Manufacturing (Land and Building - Milton);

4. Parcel 13 - Commercial Property (6.5 acres - Exit 57);

5. Parcel 10 - Light Industrial (10 acres behind Bingo).


APPROVAL

I, the Tribal Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official on this 27th day of December, 1988 in accordance with established Tribal policy.

        /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting comprised of 9 members with 8 in attendance on the 27th day of December, 1988, and that the above by a vote of 7 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

        /s/                 
Dale Gehman, Secretary

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TRIBAL RESOLUTION
TCR: 88:051



WHEREAS
, the Poarch Band of Creek Indians is a federally recognized Tribe organized pursuant to 25 C.F.R. 83; and,

WHEREAS, the Poarch Band of Creek Indians authorizes its tribal council to appropriate and distribute resources needed to conduct the necessary activities and functions of a Tribal government; and,

WHEREAS, Tribal Ordinance 88:002 authorizes the Tribal Council to annually distribute Discretionary Funds generated by the Tribe unrelated or derived from any federal, state or local government funding agency; and,

WHEREAS, Said Ordinance authorizes Tribal Council to distribute Discretionary Funds by Resolution stating the activity and/or function to be funded, and stating the percentages of funds to be allocated for each activity and/or function.

NOW, THEREFORE BE IT RESOLVED, that for Fiscal Year 1988, October 1, 1987 through September 30, 1988, the Tribal Council of the Poarch Band of Creek Indians do hereby identify, appropriate and distribute, by percentages, Discretionary Funds to the following activities and/or functions:

BE IT FURTHER RESOLVED by the Tribal Council that the Tribal Chairman is hereby authorized and directed to distribute Discretionary Funds for Fiscal Year 1988, as appropriated above.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this resolution authorizing it to become official this 21st day of February, 1988, in accordance with established tribal policy.

            /s/                 
Eddie L. Tullis, Chairman


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members, with 9 attendance on the 21st day of February, 1988, and that the above is in conformity with the provisions therein adopted by a vote of 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

              /s/                 
Dale Gehman, Secretary

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Tribal Council Ordinance 93:002


AN ORDINANCE TO CREATE AN EDUCATIONAL SCHOLARSHIP TRUST FUND AND SELECTION COMMITTEE


Exercising inherent and aboriginal Tribal Sovereign power, the Poarch Band of Creek Indians hereby enacts the following ordinance:

1. There is hereby adopted the PBCI Educational Trust Fund, to be set up as a tax exempt trust.

2. There is hereby established the Poarch Band of Creek Indians Educational Scholarship Trust Committee, which shall have jurisdiction over all scholarship awards.

3. The First National Bank of Atmore and its successors shall act as the Trustee of this Trust. The Tribal Chairman shall be the signature official for release of funds and act as the liaison between the Selection Committee and Trustee.

4. The Scholarship Committee will be composed of seven (7) members. The members will be as follows:

1. The Education Department ranking member in authority;

2. Director of Title V;

3. Chairman, Title V Parent Committee;

4. Tribal Council Member elected by the Tribal Council;

5 & 6. Two (2) Tribal members at large elected by the Tribal council; and

7. Member employed by or involved with the Public School System elected by the Education Scholarship Trust Committee. The Tribal Council Member shall serve as Chairman of this committee. The terms of the Committee shall be concurrent with the positions from which they come, with the exception of the at large members who will serve until further notice. The electing authority may remove a member of the committee for just cause.

5. Funds that accrue in the Trust Fund shall be dispersed as follows: on an annual basis, eighty percent (80%) of the earned income shall be given out as Educational Scholarships and twenty percent (20%) reinvested into the base fund for growth on an annual basis.

6. To be eligible for a scholarship from the Trust Fund, the individual must be an enrolled member of the Poarch Creek Indians. The individual must make a concerted effort to obtain educational funds elsewhere. This requirement can be met by a meeting with individual applying and Education Personnel, filing proper applications, and proof thereof. Although this scholarship is not automatically renewable, the receipt of the scholarship by a student in one year shall not preclude the students selection in subsequent years.

7. Modification to this ordinance shall be done only by a unanimous vote of the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Creek Indians, hereby affix my signature to this ordinance authorizing it to become official on the 17th day of October, 1993 in accordance with established Tribal policy.

        /s/                 
EDDIE L. TULLIS, CHAIRMAN


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting with 8 members in attendance on the 17th day of October, 1993, and that the above is in conformity with the provisions therein adopted by a vote of 7 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman of the Poarch Band of Creek Indians.

        /s/                 
LAVERNE POHRONEZNY, SECRETARY
SEAL

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Tribal Council Ordinance 94:001


AN ORDINANCE GRANTING CHARTER TO THE POARCH CREEK INDIAN UTILITIES AUTHORITY


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enact the following ordinance:

WHEREAS, in the exercise of the aforementioned powers, enactment of this ordinance constitutes creation of the Poarch Creek Indian Utilities Authority.

NOW THEREFORE BE IT ORDAINED, that the Tribal Council of the Poarch Band of Creek Indians hereby grant and bestow Tribal charter capacity upon the Poarch Creek Indian Utilities Authority, and does hereby empower this entity, subject to the restrictions of applicable federal and Tribal laws and subject further to regulation by ordinance of the Tribal Council, to operate, maintain, and manage the water and wastewater systems, garbage, collection services, and other essential utility services of the Poarch Band of Creek Indians; and,

BE IT FURTHER ORDAINED, that the Poarch Band of Creek Indians Tribal Council does hereby transfer and vest all management responsibilities and assets currently owned and acquired by the Poarch Creek Indian Reservation Utilities through Creek Indian Enterprises to the Poarch Creek Indian Utilities Authority in accordance with adopted bylaws of the Poarch Creek Indian Utilities Authority; and,

BE IT FURTHER ORDAINED that this Ordinance shall become effective from and after the date of its approval by the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this ordinance authorizing it to become official this 13th day of October, 1994.

        /s/                 
EDDIE L. TULLIS, TRIBAL CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 9 in attendance on the 13th day of October, 1994, and that the above is in conformity with the provisions therein adopted by a vote of 8 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
LAVERNE POHRONEZNY, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 95:001


AN ORDINANCE TO ESTABLISH
THE POARCH BAND OF CREEK INDIANS RECREATION COMMITTEE


Exercising inherent and aboriginal Tribal Sovereign power, the Poarch Band of Creek Indians hereby enacts the following ordinance:


PURPOSE

WHEREAS, the Poarch Band of Creek Indians Recreation Committee was established by Tribal Resolution 88:047 on February 21, 1988 on a temporary basis; and

WHEREAS,. the Poarch Band of Creek Indians wishes to continue its' effort in providing recreational activities to the Tribal membership.

NOW THEREFORE BE IT ORDAINED AND CREATED that the Tribal Council establish the Poarch Band of Creek Indians Recreation Committee; and

BE IT FURTHER ORDAINED AND CREATED that the Committee will consist of the following ten (10) members:

Tribal Council members (2)
Tribal members (6)
Community members (2)

The Tribal Council members shall be appointed by the Tribal Council and will continue to serve on this committee as long as they hold their seat on the Tribal Council and until the Tribal Council has duly appointed their replacement. All other members will serve indefinitely, until replaced. Additions, terminations and new appointments of committee members, other than the two (2) Tribal Council members, must be approved in accordance with the procedure established by the Tribal Council; and

A staff person from the Youth Sports Coordinator's office will be designated to assist the committee as necessary.

BE IT FURTHER ORDAINED AND CREATED that the Committee will operate in accordance with established By-laws, adopted by the Poarch Band of Creek Indians Recreation Committee and acknowledged by the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this Ordinance authorizing it to become official this 22nd day of May, 1995.

        /s/                 
EDDIE L. TULLIS, TRIBAL CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 9 in attendance on the 22nd day of May, 1995, and that the above is in conformity with the provisions therein adopted by a vote of 8, in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
LAVERNE POHRONEZNY, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 95:002


AN ORDINANCE TO CREATE THE POW WOW COMMITTEE


Exercising inherent and aboriginal Tribal sovereign power, the Poarch Band of Creek Indians hereby enacts the following ordinance.


PURPOSE

WHEREAS, the POW Wow Committee was established by the Tribal Council on September 17, 1989 to assist the Community Relations Department in planning and coordinating the annual POW Wow; and

WHEREAS, the POW Wow Committee has continued to assist the Community Relations Department and has become an invaluable asset to the department; and

WHEREAS, the Tribal Council would like to take action to enable the POW Wow Committee to function as a standing subordinate committee, operating under its' own by-laws. NOW

THEREFORE BE IT ORDAINED AND CREATED that the Tribal Council establish the POW Wow Committee; and

BE IT FURTHER ORDAINED AND CREATED that the Committee will consist of the following seven members:

2 Tribal Council members
3 Tribal Members
2 Community Members

The Tribal Council members shall appoint the initial members of the POW Wow Committee. Thereafter, the Committee will be self-perpetuating. Tribal Council members will serve as long as they hold their position on the council; all other members will serve indefinitely.

A staff person from the Community Relations Department will be designated to assist the committee as necessary.

BE IT FURTHER ORDAINED AND CREATED that the Committee will operate in accordance with established by-laws, adopted by the POW Wow Committee and acknowledged by the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this resolution authorizing it to become official this 21st day of August, 1995.

        /s/                 
EDDIE L. TULLIS, CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 9 in attendance on the 21st day of August, 1995, and that the above is in conformity with the provisions therein adopted by a vote of 5 in favor, 2 against, 1 abstentions, and that the above is the signature of the Chairman.

        /s/                 
LAVERNE POHRONEZNY, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 98:001

 

AN ORDINANCE TO DESIGNATE THE POARCH BAND OF CREEK INDIANS' TRIBAL GOVERNMENT AS THE RECIPIENT OF NATIVE AMERICAN HOUSING ASSISTANCE SELF-DETERMINATION ACT (NAHASDA) FUNDS.


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal Constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enacts the following ordinance:

WHEREAS, On March 12, 1998, the US Department of Housing and Urban Development issued the final ruling to implement the Native American Housing Assistance and Self-determination Act (NAHASDA) of 1996 in an effort to support Tribal Self Government.

NOW THEREFORE BE IT ORDAINED, in the exercise of the aforementioned powers, by enactment of this ordinance, the Tribal Council of the Poarch Band of Creek Indians hereby designates its Tribal Government as the recipient of all funds acquired under NAHASDA and/or all other funds acquired to address the housing needs of Tribal members, and;

BE IT FURTHER ORDAINED, that this Ordinance shall become effective from and after the date of its approval by the Tribal Council.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this ordinance authorizing it to become official this 19th of March, 1998.

        /s/                 
EDDIE L. TULLIS, CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 8 in attendance on the 19th day of March, 1998, and that the above is in conformity with the provisions therein adopted by a vote of 7 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
MAL D. MCGHEE, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 98:002


AN ORDINANCE TO DESIGNATE THE POARCH CREEK INDIAN HOUSING AUTHORITY AND TO AUTHORIZE ITS OPERATION AS THE ADVISORY BOARD TO THE HOUSING DEPARTMENT OF POARCH BAND OF CREEK INDIANS


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enacts the following ordinance:

WHEREAS, On March 12, 1998, the US Department of Housing and Urban Development published the final ruling to implement the Native American Housing Assistance and Self-determination Act (NAHSDA) of 1996 in an effort to support Tribal Self Government.

WHEREAS, In the exercise of the aforementioned powers, by enactment of this ordinance, the Tribal Council of the Poarch Band of Creek Indians hereby designates the Poarch Creek Indian Housing Authority and authorizes its operation as the Advisory Board to the Tribal Housing Departs in accordance to NAHASDA, and;

WHEREAS, composition of the Poarch Creek Indian Housing Authority shall consist of five (5) members by appointment of the Tribal Council, in compliance with Tribal Policy Statement 90-002 as amended on 10-2-95 with no less than one Tribal Council Member serving and the majority being tribal members, and upon appointment members shall serve staggered terms of five (5) years. When the Housing Authority is first established; one member's term shall be designated to expire in one year, another to expire in two years, a third to expire in three years, a fourth to expire in four years, and the last to expire in five years, except in the case of a vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Housing Authority shall hold office until his successor has been appointed and has qualified and;

WHEREAS, the Poarch Creek Indian Housing Authority is charged with the authority and responsibility to perform the following functions on behalf of the Tribe which consist of but is not limited to: overseeing the operations of all housing activities of the Tribe, adopting tribal housing bylaws, policies and procedures, with final approval of the Tribal Council.

NOW THEREFORE BE IT ORDAINED, the Poarch Creek Indian Housing Authority shall be responsible for the development of all housing plans including the one year and five year plans as required by NAHASDA, to be presented to the Tribal Council for approval.

BE IT FURTHER ORDAINED, the Poarch Creek Indian Housing Authority cannot adopt a policy whereby a payment can be in arrears for more than 90 days, the exception being a hardship as determined in accordance with the Housing Authority's by-laws.

BE IT FURTHER ORDAINED, that this Ordinance shall become effective from and after the date of its approval by the Tribal Council who retain the right to amend said Ordinance by unanimous vote.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this ordinance authorizing it to this 19th day of March, 1998.

        /s/                 
EDDIE L. TULLIS, CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 7 in attendance on the 19th day of March, 1998, and that the above is in conformity with the provisions therein adopted by a vote of 6 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
MAL D. MCGHEE, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 98:003


AN ORDINANCE TO ESTABLISH THE CALVIN MCGHEE CULTURAL CENTER MANAGEMENT AUTHORITY


Exercising inherent and aboriginal tribal sovereign powers in accordance with the Tribal Constitution as ratified June 1, 1985, the Poarch Band of Creek Indians hereby enacts the following ordinance:

WHEREAS, management of the Calvin McGhee Cultural Center, Parcel #1, Lot A, will be the responsibility of the Calvin McGhee Cultural Center Management Authority, and;

WHEREAS, composition of the Calvin McGhee Cultural Center Management Authority shall consist of five (5) members by appointment of the Tribal Council, in compliance with Tribal Policy Statement 90-002 as amended on 10-2-95 with no less than one Tribal Council Member serving and the majority being tribal members, and upon appointment members shall serve staggered terms of five (5) years. When the Calvin McGhee Cultural Center Management Authority is first established, one member's term shay be designated to expire in one year, another to expire in two years, a third to expire in three years, a fourth to expire in four years, and the last to expire in five years, except in the case of a vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Calvin McGhee Cultural Center Management Authority shall hold office until his successor has been appointed and qualified, and;

WHEREAS, the Calvin McGhee Cultural Center Management Authority is charged with the responsibility, and delegated the authority to perform the following functions on behalf of the Tribe: oversee the management of the Calvin McGhee Cultural Center, and to appoint committees to oversee all operations conducted on the POW Wow Grounds.

NOW THEREFORE BE IT ORDAINED, that this Ordinance shall become effective from and after the date of its approval by the Tribal Council who retain the right to amend said Ordinance by unanimous vote.


APPROVAL

I, the Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this ordinance authorizing it to become official this 19th day of March, 1998.

        /s/                 
EDDIE L. TULLIS, CHAIRMAN
POARCH BAND OF CREEK INDIANS


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised of nine members with 6 in attendance on the 19th day of March, 1998, and that the above is in conformity with the provisions therein adopted by a vote of 5 in favor, 0 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
MAL D. MCGHEE, SECRETARY
POARCH BAND OF CREEK INDIANS

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Tribal Council Ordinance 99:001

 

This ordinance is to create and formalize the establishment of the Tribal Assisted Home Ownership Program.

WHEREAS, The Poarch Creek Tribe has a responsibility to provide affordable homes in a safe and sanitary environment and to serve the housing needs of low income tribal members living under overcrowded, substandard, or homeless conditions, and,

WHEREAS, effective March 19, 1998, Tribal Government was designated by the Tribal Council as the recipient for all funds to address the housing needs of tribal members, Housing Department Advisory Board was charged with the responsibility to oversee the operations of all housing activities of the tribe and to submit housing bylaws, policies and procedures to the Tribal Council for approval, therefore, the existing Tribal Housing Authority shall be dissolved, and all assets of the Tribal Housing Authority shall be transferred to the Tribe, and

WHEREAS, the program to be developed for the building and purchasing of affordable housing for low income tribal members shall be called the Tribal Assisted Home Ownership Program (TARO), and

WHEREAS, depending on gross annual household income, the total development cost of each housing unit shall be recovered within a 26, 25, or 30-year period, e.g.;

Gross Annual Household Income Recovery Period
          $14,000 - $16,999           Up to 30 years
          $17,000 - $21,999           Up to 25 years
          $22,000 - up           20 years
   

WHEREAS, no more than ten (10) percent of the housing units built and/or purchased in each project, not to exceed five housing units, may be awarded to over income tribal member, and

WHEREAS, each participant in the Tribal Assisted Home Ownership Program must have a gross annual household income equal to or above $14,000, and

WHEREAS, over income will be determined by the adjusted median income according to family size listed in the United States Census Income Limits for Mobile County, and

WHEREAS, affordable housing units shall be built and/or purchased according to a tribal member's need and ability to pay a maximum monthly payment not to exceed thirty (30) percent of the tribal member's gross monthly income. In circumstances where thirty (30) percent is a limiting factor, the recovery of the total development cost shall take priority over the contribution to the home buyers escrow account, and

WHEREAS, minimum monthly payment shall be determined by using the total development cost divided by number of months in 20, 25, or 30-year period, and

WHEREAS, participants in the Tribal Assisted Home Ownership Program may be allowed to exceed the development cost by ten (10) percent, by depositing a one time, non-refundable cash payment with the Tribal Comptroller before construction begins, and

WHEREAS, in addition to the minimum monthly payment, each participant in the Tribal Assisted Home Ownership Program shall be required to pay into a homeowner escrow account a monthly cost, presently at the rate of $130, for insurance and taxes levied against the homeowner's housing unit. In circumstances where thirty (30) percent is a limiting factor, the recovery of the total development cost shall take priority over the contribution to the home buyers escrow account. At the end of the contract, if a negative balance exists in the home buyers escrow account, it shall be repaid prior to the transfer of ownership. At the end of the year when insurance and taxes have been paid, the balance of the homeowner escrow account will be credited to the account of the home buyer and may be used for emergencies or major repairs with the approval of the housing board. When the total development cost of the house has been recovered, the balance of the homeowner escrow account will be returned to the home buyer, and

WHEREAS, unmarried tribal members living in a common law arrangements shall not qualify for participation in a home ownership program, and

WHEREAS, the minimum age for participation in the Tribal Assisted Home Ownership Program shall be twenty-one (21) years of age. The maximum age for participation shall be sixty-two (62) years of age, and

WHEREAS, it is a policy that the absolute minimum payment of the participant in the home ownership program is the recovery of the total development cost of the house divided by the length of the agreement.

NOW THEREFORE BE IT RESOLVED, shall it become necessary to amend this ordinance to comply with Federal Regulations, there shall be a unanimous vote of the total membership of the council to effect the amendment.


APPROVAL

I, Chairman of the Poarch Band of Creek Indians, hereby affix my signature to this resolution authorizing it to become official this 11th day June 1999.

        /s/                 
Eddie L. Tunis, Chairman
Poarch Band of Creek Indians.


CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minuses of the Tribal Council Meeting of the Poarch Band of Creek Indians, comprised of nine members with 9 in attendance on the 11th day of June, 1999, and that the above is in conformity with the provisions therein adopted by a vote of 7 in favor, 1 against, 0 abstentions, and that the above is the signature of the Chairman.

        /s/                 
Mal D. McGhee, Secretary
Poarch Band of Creek Indians

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