Resolution No. SI-R18-008: Act Approving Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1

At a duly called meeting of the Council of San Ildefonso Pueblo on the 22nd day of May, 2018, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the sovereign authority of the Pueblo is vested in its Council and Governor; and

WHEREAS, in 2010, the Pueblo signed the Aamodt Settlement Agreement and authorized the plan, design and construction of the Pojoaque Basin Regional Water System (PBRWS). Additionally, the Settlement Agreement authorized the Economic Development Agreement, providing the funds to the Pueblo for a wastewater projects; and

WHEREAS, after extensive study and design efforts, on May 9, 2018 the "The Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1" was presented to the Council; and

WHEREAS, the Council finds it in the best interest of the Pueblo to approve the Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1 construction documents.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled "ACT APPROVING THE PUEBLO DE SAN ILDEFONSO WASTE WATER SYSTEM IMPROVEMENT PROJECT – PHASE 1"

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on May 22, 2018, at a meeting with a vote of 8 in favor, 0 opposed, 0 abstaining and 2 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R18-008 was presented to the Governor of the Pueblo de San Ildefonso on the 22nd day of May, 2018, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of ______________________, 2018.

Perry M. Martinez, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2018.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2018, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

ACT APPROVING THE PUEBLO DE SAN ILDEFONSO WASTE WATER SYSTEM IMPROVEMENT PROJECT – PHASE 1

Section 1.1. Short Title

This enactment shall be known as the "ACT APPROVING THE PUEBLO DE SAN ILDEFONSO WASTE WATER SYSTEM IMPROVEMENT PROJECT – PHASE 1 ("Act")."

Section 1.2. Purpose

The purpose of this Act is to approve the Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1 and related construction documents.

Section 1.3. Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso in 2010 signed the Aamodt Settlement Agreement and authorized the plan, design and construction of the Pojoaque Basin Regional Water System (PBRWS). Additionally, the Settlement Agreement authorized the Economic Development Agreement, providing the funds to the Pueblo for wastewater projects.

(b) In 2012, Pueblo initiated a wastewater planning study that identified the Pueblo's wastewater facilities and approaches to coordinate with the Pojoaque Basin Regional Water System and land survey.

(c) The Pueblo linked the wastewater's projects with the PBRWS Environmental Impact Statement (EIS) through the Pueblo's Contributed Funds Agreement.

(d) The Pueblo completed the project entitled "Pueblo of San Ildefonso Wastewater System Planning and Design", funded by the New Mexico Department of Indian Affairs, Tribal Infrastructure Fund. The project consisted of a Preliminary Engineering Report (PER) and the design drawings and construction documents for the Phase 1 collection system, which is based on Alternative 4 of the PER.

(e) In September 2016, the Pueblo accepted the project entitled "Pueblo of San Ildefonso Wastewater System Planning and Design", funded by the New Mexico Department of Indian Affairs. The design, drawings and construction documents for the Pueblo Center, Pueblo South and El Rancho sewer system collection improvements recommended in the PER. The project consists of Phase 1 with: a new El Rancho Gravity and Pressure Sewer Lines (approximately 24,063 LF); Existing Pueblo Center Sewer Pipe Rehabilitation (approx. 10,908 LF); New Pueblo South Gravity & Force Main Sewer Lines (approx. 29,599 LF); New Lift Stations (approx. 6); Service to an estimated 171 tribal service connections (approx. 470 people); and Phase 2 with: service to an estimated 592 additional homes (approx. 1,610 people) in the community of El Rancho, at full build-out.

(f) The Pueblo was presented with a completed (PER) and agreed to focus on Phase 1, the Pueblo Center and Pueblo South, which was had the most issues like outdated sewer systems and lack of septic systems. In addition, the PER identified several areas for the location of the Wastewater Treatment Plant (WWTP) and preliminarily, the Pueblo identified the WWTP to be located in El Rancho.

(g) On October 17, 2017, the Pueblo approved funding from EDWA for wastewater plant design. In addition, the Pueblo requested information from the Bureau of Reclamation for the Pueblo de San Ildefonso Wastewater system in relationship to the PBWRS.

(h) On February 20, 2018, the Pueblo presented "The Pueblo de San Ildefonso Waste Water Improvement Projects" to the community at a publicly noticed meeting.

(i) On March 20, 2018, the "Pueblo de San Ildefonso Waste Water Improvement Projects" the Wastewater project schedules and critical tasks for Phase 1 Sewer (Pueblo Center Rehabilitation); Phase 2 Sewer (Pueblo South Expansion); Phase 3 Blue Dove Water Reclamation Facility; Phase 4 Sewer (El Rancho Expansion & PBRWS WTP sewer service); and Phase 5 Sewer (El Rancho Expansion & Yellowbird Road) were presented to the Pueblo.

(j) On April 9, 2018, the "The Pueblo de San Ildefonso Waste Water Improvement Projects – Phase 1" was presented to the Council.

(k) On April 28^th and May 9, 2018, the Pueblo presented "The Pueblo de San Ildefonso Waste Water Improvement Projects – Phase 1" to the community at a publicly noticed meeting.

(l) On May 8, 2018, the "The Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1" was presented to the Council.

(m) The Council finds the need to approve the Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1 and related construction documents. Attached hereto and incorporated herein.

Section 1.4. Authorizations

(a) The Council hereby approves the Pueblo de San Ildefonso Waste Water System Improvement Project – Phase 1 and related construction documents as presented on May 9th, 2018.

(b) The Governor is authorized to take such actions as deemed necessary to carry out the intent and direction this Act.