Resolution No. SI-R21-019: Amendment and Restatement of the Act Approving Tax Subsidy to San Ildefonso Services, LLC
WHEREAS, the Council established and chartered San Ildefonso Services, LLC ("SIS, LLC") under tribal law as a single member limited liability company wholly owned by the Pueblo; and,
WHEREAS, SIS, LLC owns and operates two businesses within Pueblo lands commonly referred to as the Totavi and White Rock Convenience Stores and Gas Stations ("C-Stores"); and,
WHEREAS, the Council transferred ownership and operation of the C-Stores to SIS, LLC, effective July 1, 2017, pursuant to the, "Act to Transfer Ownership and Operation of C-Stores to San Ildefonso Services, LLC", dated June 21, 2017; and,
WHEREAS, since the acquisition of the C-Stores, SIS, LLC has endeavored to improve the operations and profitability of the C-Stores; and,
WHEREAS, on June 6, 2018, the Council formally approved a subsidy for the benefit of SIS, LLC in the amount of $0.06 for every gallon of gasoline sold in the C-Stores ("Subsidy") pursuant to Council Resolution No. SI-R18-011, titled "Act Approving Tax Subsidy to San Ildefonso Services, LLC" ("Subsidy Act"); and,
WHEREAS, the Act Approving Tax Subsidy was subsequently extended and restated on October 14, 2019, but has since expired,
WHEREAS, SIS, LLC has requested that the Subsidy be restated and continue in force for a five-year period, effective on June 1, 2021, and expiring on May 31, 2026, to reduce costs of gasoline in order to make upgrades to the fuel pumps and the C-Stores; and,
WHEREAS, the Council has determined that it is in the Pueblo's best interests to support SIS, LLC and its operation of the C-Stores by extending the Subsidy in the amount of $0.06 for every gallon of gasoline sold in the C-Stores for a five-year period beginning on June 1, 2021 and expiring on May 31, 2026, and has identified that such subsidy could be paid by the Pueblo from revenues generated by the Pueblo's $0.17 per gallon fuel tax.
NOW THEREFORE BE IT RESOLVED, that the Council hereby:
1. enacts the attached law entitled "AMENDMENT AND RESTATEMENT OF THE ACT APPROVING TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC."
2. 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 August 26 , 2021, at a meeting with a vote of 8 in favor, 1 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Terrence K. Garcia, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez, Jr. | X | |||
| Nichole S. Martinez | X | |||
| Raymond J. Martinez | X | |||
| Denise Moquino | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Nathan Sanchez | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R21-019 was presented to the Governor of the Pueblo de San Ildefonso on the 30th day of August , 2021, 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.
Terrence K. Garcia, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 30th day of August , 2021.
Christopher Moquino, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2021.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| M. Wayne Martinez, Jr. | ||||
| Nichole S. Martinez | ||||
| Raymond J. Martinez | ||||
| Denise Moquino | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2021, 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.
Terrence K. Garcia, Council Secretary
AMENDMENT AND RESTATEMENT OF THE ACT APPROVING TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC
Section 1.1. Short Title
This enactment shall be known as the "AMENDMENT AND RESTATEMENT OF THE ACT APPROVING TAX SUBSIDY TO SAN ILDEFONSO SERVICES, LLC."
Section 1.2. Purpose
The Purpose of this Act is to approve and restate and extend the 2018-2019 Pueblo de San Ildefonso Tax Subsidy to San Ildefonso Services, LLC for a five-year period beginning June 1, 2021 to May 31, 2026.
Section 1.3. Definitions
(a) "Council" means the Pueblo de San Ildefonso Council.
(b) "Pueblo" means the Pueblo de San Ildefonso.
Section 1.4. Findings
The Council hereby finds and declares that:
(a) San Ildefonso Services, LLC ("SIS, LLC") was chartered by the Pueblo under tribal law as a single member limited liability company wholly owned by the Pueblo; and
(b) SIS, LLC owns and operates two businesses within Pueblo lands commonly referred to as the Totavi and White Rock Convenience Stores and Gas Stations ("C-Stores"); and
(c) The Council transferred ownership and operation of the C-Stores to SIS, LLC, effective July 1, 2017, pursuant to the, "Act to Transfer Ownership and Operation of C-Stores to San Ildefonso Services, LLC", dated June 21, 2017; and
(d) Since the acquisition of the C-Stores, SIS, LLC has endeavored to improve the operations and profitability of the C-Stores; and
(e) On June 6, 2018, the Council formally approved a subsidy for the benefit of SIS, LLC in the amount of $0.06 for every gallon of gasoline sold in the C-Stores ("Subsidy") pursuant to Council Resolution No. SI-R18-011, titled "Act Approving Tax Subsidy to San Ildefonso Services, LLC" ("Subsidy Act"); and
(f) the Subsidy Act was subsequently extended and restated on October 14, 2019, but has since expired; and
(g) SIS, LLC has requested that the Subsidy be restated and continue in force for a five-year period, effective on June 1, 2021, and expiring on May 31, 2026, to reduce costs of gasoline in order to make upgrades to the fuel pumps and the C-Stores; and
(h) The Council has determined that it is in the Pueblo's best interests to support SIS, LLC and its operation of the C-Stores by extending the Subsidy in the amount of $0.06 for every gallon of gasoline sold in the C-Stores for a five-year period beginning on June 1, 2021 and expiring on May 31, 2026, and has identified that such subsidy could be paid from revenues generated by the Pueblo's $0.17 per gallon fuel tax.
Section 1.5. Authorizations
(a) The Council hereby approves and reauthorizes the Subsidy to SIS LLC of $0.06 for every gallon of gasoline sold by the C-Stores.
(b) The 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-Stores.
(c) The Subsidy shall be used by SIS exclusively to reduce costs of gasoline in order to make upgrades to the fuel pumps and the C-Stores, and the Subsidy shall not be used for any other purpose.
(d) The Subsidy shall be effective as of June 1, 2021, and shall expire on May 31, 2026.
(e) SIS, LLC shall provide monthly financial statements and fuel reports, and such other information and documents to the Governor and Council to support the expenditure and continuation of the Subsidy.
(f) The Council authorizes the Governor to continue the Subsidy and execute any documents that may be necessary to support the provision of the Subsidy.
(g) The Governor is authorized to take such actions as deemed necessary to carry out the intent this Act.
