Resolution No. 14-163-VJB
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: "Request for the North Segment Community Development
Corporation to be appropriated $1,000,000 from the Tribal General fund for
Infrastructure Development for infrastructure development and improvements of a 20 unit
apartment complex, known as the Wooden Bowl Estates, phase II, located north of the
Northern Lights building in New Town, North Dakota"
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 8, 1934, and
the authority under said Act and having adopted a Constitution and By-Laws
pursuant to said Act; and
WHEREAS, The Constitution of the Three Affiliated Tribes generally authorizes and
empowers the Tribal Business Council to engage in activities on behalf of and in
the interest of the welfare and benefit of the Tribes and of the emolled members
thereof; and
WHEREAS, Article III, Section 1 of the Constitution of the Three Affiliated Tribes provides
that the Tribal Business Council is the governing body of the Tribes; and
WHEREAS,
Article VI, Section S(c) of the Constitution of the Three Affiliated Tribes provides
that the Tribal Business Council has the power to adopt resolutions regulating the
procedure of the Tribal Business Council and other Tribal agencies; and
WHEREAS,
The Tribal Business Council passed Resolution No. 03-160-DSB, establishing a
charter for the North Segment Community Development Corporation, a non-profit
corporation, as attached hereto; and
WHEREAS,
Article III of the Corporate Charter states as follows: Section A) The general purpose
of this Corporation is to promote economic development activities in six primary
areas of focus: Community Planning, Commercial Development,
Business/Technology Training, CommunityNouth Development, Health Care and
Housing Development for members of the North Segment Community of the Three
Affiliated Tribes who reside within the exterior boundaries of the Fort Berthold
Reservation; C) The Corporation will create an economically viable community by
expanding opportunities for low income persons and families.
WHEREAS,
Article IV, Section A of the Corporate Charter states: To purchase, take, receive,
take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use and
otherwise deal in and with real or personal property, or any interest therein,
wherever situated; and
Page 1 00
Resolution No. 14-163-VJB
WHEREAS,
Article
IV, Section B of the Corporate Charter states: to sell, convey, mortgage,
pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its
property or assets; and
WHEREAS,
Due to the recent oil and gas development boom within the confines of the Fort
Berthold Reservation, the North Segment community has been burdened with a lack
of adequate and affordable housing for its Segment members. Therefore, the North
Segment and its members would benefit immensely by receiving a
$1,000,000
appropriation for the infrastructure development and improvements associated with
the proposed apartment complex in New Town, ND.
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council of the Three Affiliated
Tribes acknowledges and recognizes that housing is needed for all tribal members
and in particular the North Segment community and the inherent benefit in
supporting housing development; and
BE IT FURTHER RESOLVED, that the Tribal Business Council hereby appropriates to the North
Segment Community Development Corporation
$1,000,000 and management
authority of said appropriation for the proposed infrastructure development of the
Wooden Bowl Estates, phase II, apartment complex located within the city of New
Town, ND.
(Fhe remainder ofthispage is intentionally left blank)
Page 2 of3
I
Resolution No. 14-163-VJB
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certifyihat the Tribal Business Council is composed of7
members of whom 5 constitute a quorum, .l were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of l members, ...Q
members opposed, JL members abstained, JL members not voting, and that said Resolution has
not been rescinded or amended in any way.
Chairman [Xl voting. [ J not voting.
Dated this 16th day of
October
Executi Sec
. Judy Brugh
Tribal Business Council
Three Affiliated Tribes
,
2014.
(;IT' ({;J
p
-achainnan:e;G.Hall
�<
-
Tribal Business Council
Three Affiliated Tribes
Page 3 of3
I
Resolution No. 14-164-VJ8
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: Approval of Construction Manager at Risk for New Casino Event
Center and Parking Structure - Oakland Construction Company, Inc. 1978 South West
Temple, Salt Lake City, Utah, 84115"
WHEREAS,
The Three Affiliated Tribes (the "MHA Nation"), having accepted the Indian
Reorganization Act of June 18, 1934, and the authority under said Act and having
adopted a Constitution and By-Laws pursuant to said Act; and
WHEREAS,
The Constitution of the MHA Nation generally authorizes and empowers the
Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the MHA Nation and of the emolled members thereof;
and
WHEREAS,
Article III of the Constitution of the Three Affiliated Tribes provides that the
Tribal Business Council is the governing body of the Tribes; and
WHEREAS,
The 4 Bears Casino & Lodge ("Casino") has a new event center and parking
structure project in development to be funded by a loan from the Three Affiliated
Tribes; and
WHEREAS,
The Casino has selected Oakland Construction Company of Salt Lake City, Utah,
to serve as Construction Manager at Risk for the New Casino Event Center and
Parking Structure; and
WHEREAS,
As owner of the Casino, the Tribe becomes a necessary party to the Agreement
that includes a limited wavier of its Sovereign Immunity that is limited to
enforcement of the contract terms including specific performance.
that the Tribal Business Council of the Three
Affiliated Tribes approves the selection of Oakland Construction Company to
serve as Construction Manager at Risk for the New Casino Event Center and
Parking Structure project; and
NOW, THEREFORE, BE IT RESOLVED
the Tribal Business Council hereby approves a limited waiver
of sovereign immunity in the Agreement that is limited to the contract terms and
specific performance and expressly excludes consequential, indirect and/or
incidental damages by the parties.
BE IT FINALLY RESOLVED,
Pagelof2
Resolution No. 14-164-VJB
CERTIFICATION
the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of 7
members of whom 5 constitute a quorum, 2.. were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of 2.. members, .Q
members opposed, � members abstained, � members not voting, and that said Resolution has
not been rescinded or amended in any way.
I,
Chairman [Xl voting. [ 1 not voting.
Dated this
16th
day of
o
Three Affiliated Tribes
October
udy Brugh
,2014.
,-J<���;;;:;:;?,;t', �T�
ex G. Hall
Tribal Busine s Council
Three Affiliated Tribes
Page 2 ofl
Resolution No. 14-165-VJB
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: "Directive to the Office of Trust Fund Management to Make
Available Funds for Withdrawal from Three Affiliated Tribes Proceeds of Labor Account
PL7228700 in the Amount of $89,674,000.00"
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18, 1934, and
the authority under said Act and having adopted a Constitution and By-laws
pursuant to said Act; and
WHEREAS,
Article III of the Constitution of the Three Affiliated Tribes provides that the
Tribal Business Council is the governing body of the Tribes; and
WHEREAS,
The Constitution of the Three Affiliated Tribes authorizes and empowers the
Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS,
Article VI, Section 5 (I) of the Constitution of the Three Affiliated Tribes
provides that the Tribal Business Council has the power to adopt resolutions
regulating the procedure of the Tribal Business Council and other Tribal agencies
and Tribal officials on the Reservation; and
WHEREAS,
Article VI, Section 5(c) of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to administer
funds within the exclusive control of the Tribes and to make expenditures from
available Tribal funds for public purposes of the Tribes; and
WHEREAS,
Each Fiscal Year the Tribal Business Council adopts an Annual General Fund
Operating Budget which includes earnings and income from the Proceeds of
Labor Fund Account #PL7228700; and
WHEREAS
On September 11th, 2014 The Tribal Business Council adopted Resolution # 14162 VJB authorizing FY20 15 expenditures at FY20 14 levels as reflected in the
FY2014 General fund operating Budget for the Three Affiliated Tribes until
such time the Tribal Business Council approves a budget for FY2015; and
Resolution No. 14-165-VJB
WHEREAS,
The Tribal Business Council has authority according to the terms of the said
Constitution to direct the Office of Special Trustee to disburse the proceeds
derived from Oil and Gas Leases on the Fort Berthold Reservation. Funds are
available in the Proceeds of Labor Account PL 7228700 to be withdrawn in the
amount of $89,674,000.00; and The Tribal Business Council has decided to
transfer these funds.
the Tribal Business Council hereby directs the
Office of Special Trustee to relinquish the amount of $89,674,000.00 from the
Proceeds of Labor Account PL7228700 to the Three Affiliated Tribes for
continued operations of the Three Affiliated Tribes in accordance with the current
General Fund budget and resolution #14-162 VID; and
NOW, THEREFORE BE IT RESOLVED,
the Tribal Finance Department within the Three Affiliated
Tribes will submit a Standard Form 4285 to the Office of Spt:cial Trustee with
instructions to transfer $89,674,000.00 from Proceeds of Labor Account
PL7228700 to the MHA Nation Peoples Fund Account # 10017014.
BE IT FURTHER RESOLVED,
the Tribal Finance Department, within the Three Affiliated
Tribes will submit a Standard Form 4285 to the Office of Special Trustee with the
attachment of Resolution # 14-162 VJB; and
BE IT FURTHER RESOLVED,
that, the Office of Special Trustee will be given specific
instructions to transfer the funds from Proceeds of Labor Account PL7228700 to
the MHA Nation Peoples Fund Account # 10017014 on the Standard Form 4285.
BE IT FINALLY RESOLVED
(The remainder ofthis page is intentionally left blank)
2
Resolution No. 14-165-VJB
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of7
members of whom 5 constitute a quorum, 2. were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of 2. members, �
members opposed, .Q. members abstained, .Q. members not voting, and that said Resolution has
not been rescinded or amended in any way.
Chairman [Xl voting. [ 1 not voting.
Dated this 16th day of
�-
October
. Judy Brugh
��l.UJll;il
Three Affiliated Tribes
, 2014.
ATTEST:
aJ:::k.
Tribal Business Council
Three Affiliated Tribes
3
Hall
Resolution No. 14-166-VJB
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: "Approving the Authorization and Agreement for Cash Management
Services between the Three Affiliated Tribes and The Bank of the West."
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18, 1934, and
the authority under said Act and having adopted a Constitution and By-laws
pursuant to said Act; and
WHEREAS,
Article III of the Constitution of the Three Affiliated Tribes provides that the
Tribal Business Council is tlie_ governing-body of the Tribes; and
WHEREAS,
The Constitution of the Three Affiliated Tribes authorizes and empowers the
Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the Tribes and of the emolled members thereof; and
WHEREAS,
Article VI, Section 5 (I) of the Constitution of the Three Affiliated Tribes
provides that the Tribal Business Council has the power to adopt resolutions
regulating the procedure of the Tribal Business Council and other Tribal agencies
and Tribal officials on the Reservation; and
WHEREAS,
Article VI, Section 5( c) of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to administer
funds within the exclusive control of the Tribes and to make expenditures from
available Tribal funds for public purposes of the Tribes; and
WHEREAS,
The Tribal Business Council and Chief Financial Officer have reviewed the
Authorization and Agreement for Cash Management Services, now formally
approves the attached agreement with The Bank of the West.
The Tribal Business Council of the Three Affiliated Tribes
hereby formally approves the attached Authorization and Agreement for Cash
Management Services with Bank of the West.
THEREFORE BE IT RESOLVED,
(Signature Page to Follow)
Page lof2
BAN KPili:WEST
AUTHORIZATION AND AGREEMENT FOR CASH MANAGEMENT SERVICES
This Authorization and Agreement for Cash Management SeMces (this "Agreemenr) is executed by each of
the business organizations named below (collactlvely, the "Business Ent�ies'l
Each Business entity
acknowfedges that tt has received from Bank of the West ("Bank") the Cash Management Tarms and
Conditions ("Tel1Tl9 and Conditions?, Deposn Aocount DIsclosure for Business Accounts ('Disclosure BookJst").
applicable Schedules of Fees and Charges, applicable Usar Materials, related documents and disclosures
(collectfvely, the "Disclosure Agreemenf') pertaining to the provision of one or more Gash Management
Servlcas (collecllvely "Servioes") by Bank to the Business Entities. Each Business Entity agrees that the
Services obtained from Bank are subject to this Agreement, the Terms and Conditions, and the DIsclosure
Agreemen� as thO&8 documents currently exist and may be added to, deleted from or otherwise changed from
time to time in the fu1ure. Each Business Entity ex preesl y acknowledges and egree s that if tt has any electronic
servioes, amendments to the Terms and Conditions and the Disclosure Agreement may be deiMlr1ld or posted
electronically, as Is further diaclosad in the Terms and Conditions. Capitalized tenns used In thIa Agreemsn�
not otherwISe defined, have the meanings given to them In the Terms and Conditions.
•
S
ul
CI
Each of the undersigned Business Entltlee hereby authorizes the nnklng of Its accounts with all of the belOW·
nanned BusinelS EnUties for the selected Services. Each of the undersigned Business EnUties hereby
appoints the Business Entity first listed below ("Principal Business Entity") to act as the attorney In fact for
such Business Entity with respect to all matters concerning Services with Bank, such authortty specifically,
but without limitation, Including the right to: (1) establish, continue, modify, and terminate an account,
Service or other banklng arrangement made by or on behaW of BUSiness Entity; (2) contract to procure other
such Services available from Bank as Prtnclpal Business Entity considers desirable; (3) receive bank
statements, vouchers, notices, and similar documents from a financial instttution and act wtth nespect to
them; and (4) designate a penson(s) ('Designee(s)') to act with respect to the Services. Thla power of
attorney is coupled wtth an interest
The undersigned Intend that Bank treat all Business Entities as one entity for purposes of the Services
provided pursuant to this Agreement Specifically and without any limitation intended, each Business Entity
speclflcelly authorizes all deposit (and other] accounts of each Business Entity to be linked together for
Account Analysis purposes, linked in the Deposit Concentretion Service, linked In the Zero Balance
Accounting Service, linked In access via our Online Banking Service through any website owned, operated,
controlled, or maintained by Bank or any of its affiliates, without restriction. The accounts 80 linked may
Include, wtthout IImttation, deposit accounts (for example and withouillmitation. savings, checking, money
mark� cerliftcates of deposit), credit accounts (for example and without flmttation, lines of credit, credit
cards, loans, leases), Investment and brokerage accounts (for example and without IImttation, mutual funds,
stocks, securtties, annuities) and any and all other accounts that we may now or in the future hold for or on
behalf of any named Business Entity.
Each Business Entity repreaents with respect to the individual who executes this Agreement on Its behaW
("Designee") that the Designee is an authorized signer for the Business Enttty. Each Business Entity agrees
that
•
•
Any Designee is authorized to access any account of any Business Entity named in this Agreement
when such access is accomplished electronlcelly via any Service provided in accordance with this
Agreement
Each Designee shall further be entitied to aocess and control all such accounts singly via the
Service without regard to any multiple signer designations, requirements, or restrictions that might
otherwise be applicable to a speCific account but for this Agreement Such access includes, without
limttatlon, the abiltty to: (1) control such accounts electronically; (2) view or Initiate transactions
including. without limttation. withdrawals; (3) depOSit and trensfer money; (4) generally perform all
types of electronic trensactions to and from each account of each Business Entity; and (5) further
authorize other U&8rs to access the accounts to perform similar functions (under the control of such
persons authorized hereunder).
Each Business Entity acknowledges and agrees that the linking of Its business account(s) through the
designated Services as contemplated in this Agreement could subject each of the Business Entitles
Pagelof3
Revision Date OS/Olli3
(individually or collectively) to claims Involving or arising out of the commingling of funds, and each
Business Entity hereby assumes all of the risks Involved, Each BUBlnen Entity furthar acknowledges
and agrees that, for purposes of Online Banking, the granting of access III the deposn accounts of each
Business Entny by way of a single Identification number and password is provided by Bank only at the
naquest and for the convenience of each Business Entny. Each Business Entity, Individually and
collectively, agrees III indemnify, protect, hold harmless and defend Bank from and against any and all
claims. demands, damages, expenses, liabilhies or costs (including attomeys' tees, professional fees
and court costs), of whatever kind or nature whatsoever, In connection with or arising from allowing any
of the accounts belonging to each Business Entny to be linked to one another for access via the Services
or from the provision of the Services.
There are no addiijonal pages atteched to this Agreemen� Which contain additional Business Entities
whose accounts and services may also be linked to tha accounts of the Business Entities reftected on
this page,
a.
u
...t
1;1
o Account Analysis Service
o Account Reconcilement Services
181 ACH Blocked ServIce
o Assured Access Card TM Services
o Cash Vault Services
o Controlled DIsbursement
o Deposn Concentration Service
o Direct Delivery of Checks Service
o DlrectPay Manager
o Electronic Commerce Service
o Electronic Deposn Service
o Image Clearing Service
o ImageExpress Services
o Online Banking Services
o Payment Orders ACH
o Payment Orders Wires
181 Positive Pay Services
Bo
Bo
RemlttanceBanklng Services (LockBox)
Remote Cashier's Check Service
SecureDirect Banking Integration
Sweep Services
Tax Direct Services
Third Party Depository Services
o Zero Balance Accounting Services
Each Business Entity understands that use of any Service Is subject to: (1) Bank's receipt of any required
Information and documentation; (2) Bank's approval; and (3) each Business Entity's completion of any
te8lfng or training requirements.
The undersigned Designee, and each of them, is an officer, owner, principal or other authorized Individual of
the Business Entity on whose behaW the Designee is acting. The undersigned Business Entny and Designee
represent and warrant that the Business Entity on Whose behalf the Designee is acting has !eken all action
naquired by Its organizational or constituent documents to authorize the undersigned Designee to execute
and deliver this Agreement and any other documents Bank may require wnh respect to a Service, and to
provide to Bank instructions, and to deslgnats employees and agents to act In the name of and on behalf of
the Business Entity regarding the Services and any and an accounts aflected by any Service obteined on
behalf of the Business Entity.
,
PRINCIPAL BUSINESS ENTITY
Identification Number
45-0323672
Business Entity Name
Three Affiliated Tribes
Tax
A���
�
�,.
Tax
,.
Prinled Signer's Name
Whitney Bell
Ti tl e
CPO
ldentifiod'llon Number:
Business Entity Name
Printed Signer's Name
Autborized Signature
Title
______
Pogc 2 of3
R"NKfR;\1'F·.,l
_
______ __ _ _ _ _
_
Revision Dale 05/01/13
RESOLVED: The
-:-" or
c:--"
,...,.=
(Title)
( Name)
(Tille)
(Name)
(Tille)
(Name)
of this Corporation is Buthorlzed to entar into any cash management services agreements with Bank of the
West, to designata from time to time persons, in such number es may be directed, to manage any cash
management service and otherwise give Instructions regarding this organization's cash management
selVioe(s).
RESOLVED further that the authcrity conferred is in addition to any other authorizations in effect and shall
remain in force until Bank receiVes written notice of ilS revocation at the otftoe where the account is maintained
or at such other loCation as Bank may direcL
CERTIFICATION
I certify that this resclution was adoptad by this organization in accordance with law and its chaner documents
at a meeting duly held by this organization's governing body, and Is now In effect. I certHY that all of the
signatures on the reverse ere genuine end are those of person(s) who sre authorized to execute the form who
has such title as is listad above. I further certify that I have lui utbodty.to.exec:ute this certification. Benk of the
West is entitled to rely upon this certification until
notice of Its revocatlon Is delivered to Bank of the
West
ItJ-1t
DATED
#
tary or Asslslsnt Secretary'
Bank of the West (OIIIce/Unit)
Name:
TItle:
OfIiceIUnlt
Bank of the West (Cash Manaaement Sales)
Name'
Kristi Martin
TItle:
eM Consultant
I
Data:
Date:
Signature
Signature
____
Page 3 ofl
I�"':\){ '''�''
I
______ _
__ __
_
Rc,i.ion Date 05101113
COMMERCIAL BANKING GROUP
ACH P')SITIVE P.Il SlGl' UP FORM
Organization Legal Name
Tax Identllication Number
Three Affiliated Tribes
45-0323672
By executing this form, the undersigned OrgariZatlon hereby requests the ACH Positive Pay service from Bank of
the West ius" or "our").
This OrganizaHon acknowledges that It has received from us the most current Cash Management Terms and
Conditions and applicable Schedules of Fees and Charges, User Materials, related dOOJments and disclosures
(colectlvely, the "Agreement") pertaining to the provision of the ACH Posltlve Pay service to the OrganlzaHon.
The OrganizatIOn agrees that the ACH Positive Pay servICe obtatned from us is subject to the Agreement; as
such document currently exists and as may be added, to, deleted from or otherwise changed from Hme to Ume
in the Mure.
The Organization designates the following Indivldual(s) as authorized System Admlnlstnstor(s) (as such term Is
deftned In the Agreement) for the ACH Positive Pay service. This Organization acknowledges that any System
Administrator for the ACH Posltlve Pay service has the rights and obligations for security of this Organlzation'�
ACH Posltlve Pay service, Including, without Dmttatlon, the ability to create additional user(a) and assign
securtty levels to such additional user(s) of the ACH Positive Pay service.
1Jlls designation 0 represents 0 does not represent 8 change in System Admlnlstrator(s).
System Administrator Name
(Two Recommended)
System Administrator Sig nature
Email Address
this Organization does not require an approval by a different System Administrator to create/modify and assign
securlty levels to Individuals who ere authorized users of this Organlzatlon's ACH Positive Pay service. A
newly craatedlmodllied operator may have Immediate access to the ACH Positlve Pay service upon our receipt
of an acceptable authorlzatlon from any one System Administrator.
If a ganeral partnership, limited partnership, limited liability partnership. the undersigned certllies that they are
all the general partners or managing partners of the Organization; If a corporation, they are the authortzed
offtcers; and If a limited liability company, they certlfy that they are all the members of the Organization or all
the managers of the Organization.
Prlnted Signar's Name
Whitney Bell
Printed Signer's Name
TltIe
Tltie
Authorized Signature
Authorized Signature
Date
Date
CFO
_____
n4N"�,u'T
____ __
_
___ _
_
_
_
_
RmJlon DatL: 01101110JJ
Resolution No. 14-166-VJB
CERTlFICATlON
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certifythanh� TribalJ3usiness Council is composed of7
members of whom 5 constitute a quorum, 2. were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of 2. members, ..Q
members opposed, � members abstained, � members not voting, and that said Resolution has
not been rescinded or amended in any way.
Chairman [Xl voting. [ 1 not voting.
Dated this 16th day of
October
Executi e S
. Judy Brugh
Tribal B '
uncil
Three Affiliated Tribes
, 2014.
��t;:inil�,�T�e-:
x 'G. Hall
"---TI
Tribal Busines Council
Three Affiliated Tribes
Page2 of2
,
,
," � ..
" ,,) .
..,
'
Resolution No. 14-167-VJB
,
RESOLUTION OF THE
GOVERNING BODY OF THE THREE AFFILIATED TRIBES
OF THE FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: "Approving the Purchase of the Home and property of Bud V. and
d
Joan M. Zavalney located at 3730 720 Ave NW, Parshall, North Dakota, 58770."
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18,
1934, and the authority under said Act and having adopted a Constitution
and By-laws pursuant to said Act; and
WHEREAS,
The Constitution and By-laws of the Three Affiliated Tribes was adopted
By the membership of the Tribes on May 15, 1936 pursuant to the Indian
Reorganization Act of 1934 and duly approved by the Secretary of
Interior, and
WHEREAS,
Article 1lI of the Constitution of the Three Affiliated Tribes provides that
The Tribal Business Council is the governing body of the Tribes; and
WHEREAS,
The Constitution of the Three Affiliated Tribes authorizes and empowers
the Tribal Business Council to engage in activities on behalf of and in the interest
of the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS,
The Tribal Business Council has negotiated a price to purchase the Bud V, and
Joan M, Zavalney house and property described as:
Little Soldier addition to the City of Parshall, Mountrail County, North Dakota:
Lot 2 of the S Y, of the NE Y. of Section 30, Township 152 North, Range 89 West
of the 5th Principal Meridian, Mountrail County, North Dakota consisting of 5,03
acres including a 4BR home and all furniture, fixtures and appliances including
3TVs 2BR trailer house, 3 10,000 BU air bins, 2 4,000 BU bins; and older barn
and garage,
Lot 4 of the S Y, of the NE Y. of Section 30, Township 152 North, Range 89 West
of the 5th Principal Meridian, Mountrail County, North Dakota containing 20,72
acres including all of the road and right of way from highway 37 to the extreme
east end of all of the lots located in the designated addition,
Lot 5 of the S Y, of the NE Y. of Section 30, Township 152 North, Range 89 West
of the 5th Principal Meridian, Mountrail County, North Dakota containing 79,92
acres
Page 1 of3
Resolution No. 14-167-VJB
Couch's first addition to the City of Parshall, Mountrail County, North Dakota:
Block 15: Lot 16 and N 40' of vacated 2nd Ave adj. to Lot 16, less E. 20' for hwy.
Home Address: 3730 nnd Ave NW Parshall, ND 58770; and
WHEREAS,
The total purchase price for the property is $2,850,000; and
WHEREAS,
Upon approval by the Tribal Business Council, the tribe will execute the purchase
agreement and place $25,000 in escrow upon signing of the purchase agreement;
and
WHEREAS,
That the North Dakota Guaranty and Escrow Company located at 1829 South
Broadway Street, Minot, North Dakota, 58701 will complete the closing of said
property for clear and marketable title; and
NOW THEREFORE BE IT RESOLYED, That the
Tribal Business Council of the Three
Affiliated Tribes hereby formally approves p�chase of the property described
above in the amount of $2,850,000 for the MHA Nation.
(Fhe remainder of this page is intentionally left blank)
Page 2 of3
Resolution No. 14-167-VJB
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of 7
members of whom 5 constitute a quorum, 2. were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of 2. members, .Q
members opposed, JL members abstained, JL members not voting, and that said Resolution has
not been rescinded or amended in any way.
Chairman [Xl voting. [ 1 not voting.
Dated this � day of
October
,2014.
Page 3 of3
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Resolution No. 14-168-VJB
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RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVAT ION
A Resolution Entitled: "Approving the Change of Supervisor for the T ribal Buffalo Proj ect
Ranch and Lodge located near Mandaree, North Dakota."
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18, 1934, and
the authority under said Act and having adopted a Constitution and By-laws
pursuant to said Act; and
WHEREAS,
Article III of the Constitution of the Three Affiliated Tribes provides that the
Tribal Business Council is tiie governing-bedy, of the Tribes; and
WHEREAS,
The Constitution of the Three Affiliated Tribes authorizes and empowers the
Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS,
Article VI, Section 5 (1) of the Constitution of the Three Affiliated Tribes
provides that the Tribal Business Council has the power to adopt resolutions
regulating the procedure of the Tribal Business Council and other Tribal agencies
and Tribal officials on the Reservation; ami
WHEREAS,
Article VI, Section 5(c) of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to administer
funds within the exclusive control of the Tribes and to make expenditures from
available Tribal funds for public purposes of the Tribes; and
WHEREAS,
The Tribal Buffalo Project Ranch and Lodge located near Mandaree, North Dakota is
currently under the Supervision of the Chairman's Office of the Tribal Business
Council; and
WHEREAS,
The Tribal Business Council feels it is in the best interest of the Tribal Buffalo
Project Ranch and Lodge located near Mandaree, North Dakota to now be under the
Supervision of the Tribal Business Council's West Segment Representative; and
The Tribal Business Council of the Three Affiliated Tribes
hereby formally approves moving the supervision of the Tribal Buffalo Project Ranch
and Lodge located near Mandaree from the office of the Tribal Chairman to the
Tribal Business Council's West Segment Representative.
THEREFORE BE I T RESOLVED,
(Signature Page to Follow)
Page 1 of2
Resolution No. 14-168-VJB
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of7
members of whom 5 constitute a quorum, l were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 16th day of October, 2014; that the foregoing
Resolution was duly adopted at such Meeting by the affirmative vote of l members, �
members opposed, � members abstained, � members not voting, and that said Resolution has
not been rescinded or amended in any way.
Chairman [Xl voting. [ 1 not voting.
Dated this
16th
day of
October
, 2014.
ATTEST:
'
Executive ecre
il
Tribal Bus
Three Affiliated Tribes
dy Brugh
1
I Chairman, ex G, Hall
Tribal Business Council
Three Affiliated Tribes
Page 2 of2