Pueblo de San Ildefonso Law Library

Resolution No. SI-R22-023: SIHA Lease Assignments Act of 2022

At a duly called meeting of the Council of San Ildefonso Pueblo on the 8th day of December, 2022, the following law was adopted:

WHEREAS, NPHA has executed a Quitclaim Agreement assigning its interests in sixteen projects and leases to SIHA; and,

WHEREAS, SIHA wishes to assume all rights, obligations, and responsibilities therewith, including but not limited to all rights associated with these properties and has also executed the same Quitclaim Agreement; and,

WHEREAS, by Resolution SI-R21-026, the Pueblo de San Ildefonso Council created SIHA, and pursuant to SI-R21-028, designated SIHA as the Pueblo's Tribally Designated Housing Entity (TDHE); and,

WHEREAS, SIHA must possess leasehold rights to properties named in the Quitclaim document to fulfill TDHE powers, duties and responsibilities granted by the Pueblos, specifically, the management of leased properties and conveyance of paid off properties; and,

WHEREAS, the Council identified the need to affirm its intention that leasehold rights formerly granted to NPHA be assigned to SIHA.

NOW THEREFORE BE IT RESOLVED, that the Council hereby authorizes Governor to execute a Quitclaim Deed, Assignment and Assumption, and Release document assigning the leasehold rights to sixteen properties formerly leased from the Pueblo by the Northern Pueblos Housing Authority (NPHA) to the San Ildefonso Housing Authority (SIHA) upon enactment of the attached law entitled the "SIHA Lease Assignments Act of 2022."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on December 8, 2022, at a meeting with a vote of 10 in favor, 0 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.

M. Wayne Martinez, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Tom Garcia X
Thomas Gonzales X
M. Wayne Martinez, Jr. X
Michael Martinez X
Nichole S. Martinez X
Raymond J. Martinez X
Thomas Martinez X
Denise Moquino X
Nathan Sanchez X
Irene Tse-Pe X

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R22-023 was presented to the Governor of the Pueblo de San Ildefonso on the 8th day of December, 2022, 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.

M. Wayne Martinez, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 14th day of December, 2022.

Christopher A. Moquino, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2022.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Raymond J. Martinez
Tom Garcia
Thomas Gonzales
M. Wayne Martinez, Jr.
Nichole S. Martinez
Michael Martinez
Thomas Martinez
Denise Moquino
Nathan Sanchez
Irene Tse-Pe

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2022, 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.

M. Wayne Martinez, Council Secretary

SIHA LEASE ASSIGNMENTS ACT OF 2022

Section 1.1. Short Title

This enactment shall be known as the "SIHA LEASE ASSIGNMENTS ACT OF 2022" (the "Act").

Section 1.2. Purpose

The Purpose of this Act is to authorize the Governor to execute a Quitclaim Deed, Assignment and Assumption, and Release document assigning the leasehold rights to sixteen properties which were formerly leased by the Northern Pueblos Housing Authority (NPHA), to the San Ildefonso Housing Authority (SIHA).

Section 1.3. Findings

(a) NPHA has executed a Quitclaim Agreement assigning its interests in sixteen projects and leases to SIHA.

(b) SIHA wishes to assume all rights, obligations, and responsibilities therewith, including but not limited to all rights associated with these properties and has also executed the same Quitclaim Agreement.

(c) By Resolution No. SI-R21-026, the Pueblo de San Ildefonso Council created SIHA, and pursuant to SI-R21-028, the Tribal Council designated SIHA as the Pueblo's Tribally Designated Housing Entity (TDHE).

(d) SIHA must possess leasehold rights to properties named in the Quitclaim document to fulfill TDHE powers, duties and responsibilities granted by the Pueblos, specifically the management of leased properties and conveyance of paid off properties.

(e) The Council affirms its intention that leasehold rights formerly granted to NPHA be assigned to SIHA.

Section 1.4. Authorizations

(a) The Council hereby authorizes the Governor to execute a Quitclaim Deed, Assignment and Assumption, and release the document assigning the leasehold rights to sixteen properties formerly leased from the Pueblo by the Northern Pueblos Housing Authority (NPHA), to the San Ildefonso Housing Authority (SIHA).

Law Information

Cites

  • Council Resolution No. SI-R22-023

Effective

December 14, 2022