Resolution No. SI-R19-006: Approving the North Central Regional Transit District Amended Intergovernmental Contract

At a duly called meeting of the Council of San Ildefonso Pueblo on the 27th day of February, 2019, 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 voters of the Pueblo approved a new Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011 pursuant to Federal law; and

WHEREAS, the Pueblo Council ("Council") is the duly constituted Legislative body acting for the Pueblo; and

WHEREAS, the Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and

WHEREAS, New Mexico governmental units are authorized to establish regional transit districts; and

WHEREAS, the initial signatories ("Initial Members") began working together to form such a district in 2003; and

WHEREAS, the District is requesting that all members execute a new Amended Intergovernmental Contract to add the Village of Taos Ski Valley as a new member and confirm the voting rights of each member; and

WHEREAS, the Council has been fully briefed and has reviewed the attached Amended Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Amended Contract, provided, however the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

NOW THEREFORE BE IT RESOLVED that the Council hereby certifies that:

1. The Tribal Council hereby approves the attached Amended Intergovernmental Contract.

2. By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

BE IT FINALLY RESOLVED that the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on February 27 , 2019, 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-R19-006 was presented to the Governor of the Pueblo de San Ildefonso on the 27th day of February, 2019, 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 _______________________, 2019.

Perry Martinez, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2019.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2019, 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

APPROVING THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT AMENDED INTERGOVERNMENTAL CONTRACT

Section 1.1. Short Title

This enactment shall be known as "APPROVING THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT AMENDED INTERGOVERNMENTAL CONTRACT" ("Act")."

Section 1.2. Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Pueblo" means the Pueblo de San Ildefonso.

(d) "NCRTD" shall mean the North Central Regional Transit District.

Section 1.3. Purpose

The purpose of this Act is to execute a new Amended Intergovernmental Contract to add the Village of Taos Ski Valley as a new member to the North Central Regional Transit District (NCRTD) and confirm the voting rights of each new member.

Section 1.4. Findings

The Council hereby finds that:

(a) New Mexico governmental units are authorized to establish regional transit districts; and

(b) The initial signatories ("Initial Members") began working together to form such a district in 2003; and

(c) The NCRTD is requesting that all members execute a new Amended Intergovernmental Contract to add the Village of Taos Ski Valley as a new member and confirm the voting rights of each member; and

(d) The Council has been fully briefed and has reviewed the attached Amended Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Amended Contract, provided, however the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

Section 1.5. Authorizations

(a) The Council hereby approves the attached Amended Intergovernmental Contract.

(b) By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

(c) The Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.