Resolution No. SI-R18-011: Act Approving Tax Subsidy to San Ildefonso Services, LLC
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, San Ildefonso Services, LLC, ("SIS LLC") is chartered under tribal law as a single member limited liability company wholly owned by the Pueblo, and the Pueblo de San Ildefonso Governor and Council currently serve as the Member's Representatives; and
WHEREAS, the Pueblo owned and operated two businesses within the Pueblo's lands commonly referred to as the Totavi and White Rock Phillips 66 Convenience Stores and Gas Stations ("C-Stores"); and
WHEREAS, the Council transferred the ownership and operation of the C-Stores to "SIS LLC, effective July 1, 2017; and
WHEREAS, SIS LLC assumed all liabilities, including contracts and accounts, of the C-Stores accrued after July 1, 2017, and SIS LLC is responsible for the payment of any applicable taxes related to the operation of or otherwise imposed on the C-Stores; and
WHEREAS, SIS LLC assumed full responsibility for insuring, maintaining, and repairing the C-Stores; and
WHEREAS, SIS LLC assumed all C-Stores employees and responsible for payroll, benefits, and related human resources matters for employees of the C-Stores; and
WHEREAS, since the July 1, 2017 acquisition of the C-Stores, SIS LLC has endeavored to enhance the operations and profitability of the C-Stores but operational and procurement costs have made this extremely difficult; and
WHEREAS, on May 21, 2018, SIS LLC presented the C-Stores' financial concerns, along with supporting financial information, to the Council and requested that the Pueblo provide a subsidy of $0.06 for every gallon of gasoline sold to allow SIS LLC to adequately compete in the local C-Store market; and
WHEREAS, the Council has determined it is in the Pueblo's best interest to support SIS LLC and its operation of the C-Stores and provide a subsidy of $0.06 for every gallon of gasoline sold, and has identified that such subsidy could be paid from revenues generated by the Pueblo's $0.17 per gallon fuel tax, and such subsidy shall be made pursuant to specific terms contained herein.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "ACT APPROVING TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC."
NOW THEREFORE BE IT FURTHER RESOLVED that:
(a) The Council hereby approves and authorizes the provision of a subsidy to SIS LLC of $0.06 for every gallon of gasoline sold by the C-Stores.
(b) Such subsidy shall be paid by the Pueblo from revenues received by the Pueblo from $0.17 per gallon fuel tax paid by the C-Stores.
(c) The subsidy shall be used by SIS as much as possible to reduce costs to increase customer traffic to the C-Stores.
(d) The subsidy shall begin within thirty (30) days of the effective date of this Act and shall expire one (1) year from the effective date of this Act.
(e) SIS LLC shall provide monthly financial fuel reports, and such other requested information or documents, to the Governor to support the continuation of said subsidy.
(f) The Pueblo de San Ildefonso Council authorizes the Pueblo Governor to initiate the subsidy and develop and execute any documents that may be necessary to support the provision of said subsidy.
(g) The Governor is authorized to take such actions as deemed necessary to carry out the intent and direction of this Act.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on June 6, 2018, at a meeting with a vote of 8 in favor, 2 opposed, 0 abstaining and 0 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
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Raymond J. Martinez | X | |||
| Timothy A. Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R18-011 was presented to the Governor of the Pueblo de San Ildefonso on the 6th day of June, 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
{ } 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.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
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 TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC
Section 1.1. Short Title
This enactment shall be known as the Act, "ACT APPROVING TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC ("Act")."
Section 1.2. Purpose
The purpose of this Act is to approve the Pueblo de San Ildefonso Tax Subsidy to San Ildefonso Services, LLC.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) San Ildefonso Services, LLC, ("SIS LLC") is chartered under tribal law as a single member limited liability company wholly owned by the Pueblo, and the Pueblo de San Ildefonso Governor and Council currently serve as the Member's Representatives.
(b) The Pueblo owned and operated two businesses within the Pueblo's lands commonly referred to as the Totavi and White Rock Phillips 66 Convenience Stores and Gas Stations ("C-Stores").
(c) The Council transferred the ownership and operation of the C-Stores to "SIS LLC, effective July 1, 2017.
(d) SIS LLC assumed all liabilities, including contracts and accounts, of the C-Stores accrued after July 1, 2017, and SIS LLC is responsible for the payment of any applicable taxes related to the operation of or otherwise imposed on the C-Stores.
(e) SIS LLC assumed full responsibility for insuring, maintaining, and repairing the C-Stores.
(f) SIS LLC assumed all C-Stores employees and responsible for payroll, benefits, and related human resources matters for employees of the C-Stores.
(g) Since the July 1, 2017 acquisition of the C-Stores, SIS LLC has endeavored to enhance the operations and profitability of the C-Stores but operational and procurement costs have made this extremely difficult. On May 21, 2018, SIS LLC presented the C-Stores' financial concerns along with supporting financial information, to the Council and formally requested that the Pueblo provide a subsidy of $0.06 for every gallon sold to allow SIS LLC to adequately compete in the local market.
(h) The Council has determined it is in the Pueblo's best interest to support SIS LLC and its operation of the C-Stores and provide a subsidy of $0.06 for every gallon sold, and has identified that such subsidy could be paid from revenues generated by the Pueblo's $0.17 per gallon fuel tax, and such subsidy shall be made pursuant to specific terms contained herein.
(i) The Council has determined that the Pueblo Governor may execute such subsidy pursuant to certain essential terms contained herein.
(j) The Council finds the need to approve the Pueblo de San Ildefonso Tax Subsidy to San Ildefonso Services, LLC.
Section 1.4. Authorizations
(a) The Council hereby approves and authorizes the provision of a subsidy to SIS LLC of $0.06 for every gallon sold by the C-Stores.
(b) Such subsidy shall be paid by the Pueblo from revenues received by the Pueblo from the $0.17 per gallon fuel tax paid by the C-Store.
(c) The subsidy shall be used by SIS as much as possible to reduce costs to increase customer traffic to the C-Stores.
(d) The subsidy shall begin within thirty (30) days of the effective date of this Act and shall expire one (1) year from the effective date of this Act.
(e) SIS, LLC shall provide monthly financial and fuel reports, and such other information and documents, to the Governor to support the expenditure and continuation of said subsidy.
(f) The Pueblo de San Ildefonso Council authorizes the Pueblo Governor to initiate the subsidy and develop and execute any documents that may be necessary to support the provision of said subsidy.
(g) The Governor is authorized to take such actions as deemed necessary to carry out the intent and direction this Act.
