[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-2009 by Ord. No. 09-26; amended in its entirety 10-21-2010]
The purpose of this article is to create the right for certain
persons to enforce contract terms through arbitration awards enforceable
in Menominee Tribal Court against the Menominee Indian Tribe where
the Tribe has contractually agreed to such arbitration.
This article shall pertain to:
A.
The lease or leases entered into by and between the Menominee Indian
Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 5, dated _____, and the amendment to those lease or leases dated
_____; and
B.
The lease or leases entered into by and between the Menominee Indian
Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 6, dated _____, and the amendment to those lease or leases dated
_____; and
C.
The September, 2010 Tribal Guaranty Agreement related to Menominee
Tribal Housing Limited Partnership No. 5; and
D.
The September 2010 Tribal Guaranty Agreement related to Menominee
Tribal Housing Limited Partnership No. 6; and
E.
The September 2010 Title Guaranty Agreement related to Menominee
Tribal Housing Limited Partnership No. 5; and
F.
The September 2010 Title Guaranty Agreement related to Menominee
Tribal Housing Limited Partnership No. 6; and
G.
The September 2010 Outside Reserve Pledge Agreement related to Menominee
Tribal Housing Limited Partnership No. 5; and
H.
The September 2010 Outside Reserve Pledge Agreement related to Menominee
Tribal Housing Limited Partnership No. 6; and
I.
The September 2010 agreements with the Wisconsin Housing and Economic
Development Authority related to Menominee Tribal Housing Limited
Partnership Nos. 5 and 6; and
J.
Any other written agreements authorized by the Menominee Tribal Legislature,
and entered into between the Menominee Indian Tribe of Wisconsin and
any third party in furtherance of the acquisition of low-income housing
tax credits and necessary actions connected with such acquisition
by Menominee Tribal Housing Limited Partnership No. 5 and Menominee
Tribal Housing Limited Partnership No. 6. All such agreements, in
order to be considered subject to the terms of this article, shall
contain a statement that the third party contracting with the Tribe
understands and agrees to be subject to the jurisdiction of the Menominee
Tribal Courts for the purposes of enforcement of such agreement and
this article.
The Menominee Indian Tribe shall be subject to suit in Menominee
Tribal Court for the purpose of enforcing dispute resolution provisions,
including, but not limited to, binding arbitration provisions contained
in any document referenced in § 48-2 of this article, consistent
with the terms of any such document, and the Tribal Court shall enforce
the arbitration provisions in a manner consistent with the terms of
such agreements requiring arbitration of disputes.
This article is authorized by Article XVIII, Section 2, of the
Constitution and Bylaws of the Menominee Indian Tribe, which states
that the Menominee Indian Tribe shall be subject to suit in Tribal
Courts by persons subject to tribal jurisdiction for the purpose of
enforcing rights established by ordinance.
[Adopted 6-2-2011 by Ord. No. 11-13]
The purpose of this article is to authorize and approve agreements
between the Tribe and other parties related to Menominee Tribal Housing
Limited Partnerships No. 7 and No. 8 ("Project") and to provide a
mechanism for certain persons to enforce contract terms through arbitration
awards enforceable in Menominee Tribal Court against the Menominee
Indian Tribe where the Tribe has contractually agreed to such arbitration,
and to authorize the use of a special purpose entity to act as a general
partner in any limited partnership related to the Project.
[Amended 7-21-2011]
The Menominee Tribal Legislature authorizes the Chairperson to execute documents pledging certain funds as collateral pursuant to the Outside Reserve Pledge agreements listed in § 50-7I and J of this article so long as those funds are provided from Menominee tribal housing resources and not from general tribal funds.
The Menominee Tribal Legislature approves and authorizes the
Tribal Chairperson to execute all documents necessary to further the
rehabilitation of housing contemplated by this project. This approval
and authorization includes, but is not limited to:
A.
The lease or leases and any amendments to such lease or leases entered into by and between the Menominee Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership No. 7, dated April 8, 2011, pertaining to those properties listed in § 50-10 of this article; and
[Amended 7-21-2011]
B.
The lease or leases and any amendments to such lease or leases entered into by and between the Menominee Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership No. 8 pertaining to those properties listed in § 50-11 of this article; and
[Amended 7-21-2011]
C.
A Guaranty Agreement by and between the Menominee Indian Tribe of
Wisconsin and an affiliate of Raymond James Tax Credit Fund, Inc.,
related to Menominee Tribal Housing Limited Partnership No. 7; and
D.
A Guaranty Agreement by and between the Menominee Indian Tribe of
Wisconsin and an affiliate of Raymond James Tax Credit Fund, Inc.,
related to Menominee Tribal Housing Limited Partnership No. 8; and
E.
A Title Guaranty Agreement by and among the Menominee Indian Tribe
of Wisconsin and Menominee Tribal Housing Limited Partnership No.
7; and
F.
A Title Guaranty Agreement by and among the Menominee Indian Tribe
of Wisconsin and Menominee Tribal Housing Limited Partnership No.
8; and
G.
Loans and any amendment to loans entered into by and among the Menominee
Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 7.
H.
Loans and any amendment to loans entered into by and among the Menominee
Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 8.
I.
Outside Reserve Pledge Agreement or agreements by and among the Menominee
Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 7.
J.
Outside Reserve Pledge Agreement or agreements by and among the Menominee
Indian Tribe of Wisconsin and Menominee Tribal Housing Limited Partnership
No. 8.
K.
Any other written agreements authorized by the Menominee Tribal Legislature,
and entered into between the Menominee Indian Tribe of Wisconsin and
any third party, in furtherance of the acquisition of low-income housing
tax credits and necessary actions connected with such acquisition
by Menominee Tribal Housing Limited Partnership No. 7 and Menominee
Tribal Housing Limited Partnership No. 8. All such agreements, in
order to be considered subject to the terms of this article, shall
contain a statement that the third party contracting with the Tribe
understands and agrees to be subject to the jurisdiction of the Menominee
Tribal Courts for the purposes of enforcement of such agreement and
this article.
[Amended 9-15-2011]
The Menominee Indian Tribe shall be subject to suit in Menominee Tribal Court for the purpose of enforcing dispute resolution provisions, including, but not limited to, binding arbitration provisions contained in any document referenced in § 50-7 of this article consistent with the terms of any such document, and the Tribal Court shall enforce the arbitration provisions in a manner consistent with the terms of such agreements requiring arbitration of disputes.
This article is authorized by Article XVIII, Section 2, of the
Constitution and Bylaws of the Menominee Indian Tribe which states
that the Menominee Indian Tribe shall be subject to suit in Tribal
Courts by persons subject to tribal jurisdiction for the purpose of
enforcing rights established by ordinance.
The Menominee Tribal Housing Limited Partnership No. 7 properties
are as follows:
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N525 Brooks Ln., Keshena, WI 54135
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N546 Brooks Ln., Keshena, WI 54135
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N554 Brooks Ln., Keshena, WI 54135
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N562 Brooks Ln., Keshena, WI 54135
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N568 Brooks Ln., Keshena, WI 54135
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N576 Brooks Ln., Keshena, WI 54135
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N586 Brooks Ln., Keshena, WI 54135
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N592 Brooks Ln., Keshena, WI 54135
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W2758 Chief Carron Rd., Keshena, WI 54135
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W2774 Chief Carron Rd., Keshena, WI 54135
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N606 Chief Little Crow Rd., Keshena, WI 54135
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N616 Chief Little Crow Rd., Keshena, WI 54135
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N624 Chief Little Crow Rd., Keshena, WI 54135
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N625 Chief Little Crow Rd., Keshena, WI 54135
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N633 Chief Little Crow Rd., Keshena, WI 54135
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N640 Chief Little Crow Rd., Keshena, WI 54135
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N647 Chief Little Crow Rd., Keshena, WI 54135
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N648 Chief Little Crow Rd., Keshena, WI 54135
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N654 Chief Little Crow Rd., Keshena, WI 54135
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N655 Chief Little Crow Rd., Keshena, WI 54135
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W2769 Chief Little Wave Rd., Keshena, WI 54135
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W2925 Pine Ridge Rd., Keshena, WI 54135
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W2918 Rabbit Ridge Rd., Keshena, WI 54135
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W6522 River St., Neopit, WI 54150
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The Menominee Tribal Housing Limited Partnership No. 8 properties
are as follows:
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W2674 Chief Iometah Ct., Keshena, WI 54135
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W2675 Chief Iometah Ct., Keshena, WI 54135
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W2682 Chief Iometah Ct., Keshena, WI 54135
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W2683 Chief Iometah Ct., Keshena, WI 54135
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W2687 Chief Iometah Ct., Keshena, WI 54135
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W2688 Chief Iometah Ct., Keshena, WI 54135
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W2682 Chief Josette St., Keshena, WI 54135
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W2687 Chief Josette St., Keshena, WI 54135
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W2688 Chief Josette St., Keshena, WI 54135
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W2582 Chief Shawano Rd., Keshena, WI 54135
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N466 Chief Souligney St., Keshena, WI 54135
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N472 Chief Souligney St., Keshena, WI 54135
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N490 Chief Souligney St., Keshena, WI 54135
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N418 Chief Tomau Rd., Keshena, WI 54135
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N432 Chief Tomau Rd., Keshena, WI 54135
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N448 Chief Tomau Rd., Keshena, WI 54135
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N460 Chief Tomau Rd., Keshena, WI 54135
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N478 Chief Tomau Rd., Keshena, WI 54135
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W2675 Chief Wis-ke-noh Rd., WI 54135
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W2680 Chief Wis-ke-noh Rd., WI 54135
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W2681 Chief Wis-ke-noh Rd., WI 54135
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W2687 Chief Wis-ke-noh Rd., WI 54135
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W2668 Warrington Rd., WI 54135
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W2676 Warrington Rd., WI 54135
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