Pueblo de San Ildefonso Law Library
Pueblo de San Ildefonso Code. Sovereign Immunity

(a) Immunities. The Authority, as an agency and instrumentality of the Pueblo, is entitled to all of the privileges and immunities of the Pueblo. The Authority, its Board, officers, employees, and agents while acting in their official capacities are immune from suit, and the assets and other property of the Authority are exempt from levy or execution, except as provided in this section 1.12.

(b) Waiver of immunity. Notwithstanding any other provision of law, the Authority is authorized to waive its sovereign immunity from suit for any particular contract, agreement, matter, or transaction that it may enter into to further the purposes of the Authority.

(c) Procedure. Any waiver of immunity authorized by section 1.12(b) shall be in the form of a resolution duly adopted by the Board, which resolution shall not require the approval of the Council or the Secretary. The resolution shall

(1) identify the party for whose benefit the waiver is granted,

(2) the transaction and the claims for which the waiver is granted,

(3) the property of the Authority that may be subject to execution to satisfy any judgment entered in the claim, and

(4) the court in which suit against the Authority may be brought.

(d) Authority assets. Any waiver of sovereign immunity by the Authority shall be limited to the assets and/or income of the Authority and the acts or omissions of the Authority, its Board, officers, employees or agents shall not create any liability, Obligation or indebtedness either of the Pueblo, or payable out of the assets, revenue or income of the Pueblo.

(e) No Pueblo waiver. Any waiver of sovereign immunity of the Authority shall not be construed to waive any sovereign immunity of the Pueblo or any other agency or

instrumentality of the Pueblo.