Committee: Special Rules Author: Diane Hammons
Date: 7-8-05 Committee Date: 7-11-05 Sponsor: Bill John Baker
RESOLUTION NO 7 6? 0 5
COUNCIL OF THE CHEROKEE NATION
A RESOLUTION REGARDING THE LIMITED WAIVER OF THE SOVEREIGN
IMMUNITY OF WILL ROGERS DOWNS, LLC, CHEROKEE NATION
ENTERPRISES, INC. AND THE CHEROKEE NATION
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, Will Rogers Downs, LLC, hereinafter referred to as WRD, is a for-profit business organized under the Laws of the Cherokee Nation; and as such enjoys sovereign immunity from suit under tribal and federal law;
WHEREAS, Cherokee Nation Enterprises, Inc., hereinafter referred to as CNE, is a for-profit business organized under the Laws of the Cherokee Nation; and as such enjoys sovereign immunity from suit under tribal and federal law;
WHEREAS, the Cherokee Nation deems it to be both necessary and appropriate that WRD be permitted to apply for an organizational license and conduct pari-mutual horse racing pursuant to the Oklahoma Horseracing Act, Title 3A Section 200 et seq; and conduct gaming pursuant to the State Tribal Gaming Act;
WHEREAS, the Oklahoma Horse Racing Commission, hereinafter referred to as OHRC or Commission, has granted a Conditional Organization license, 2005-0HRC-003, which requires a waiver of sovereign immunity of WRD and CNE as well as a limited waiver from Cherokee Nation as a condition of the license.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Cherokee Nation does herby authorize the principal Chief of the Cherokee Nation to execute a waiver of the sovereign immunity of WRD as to suit, liability, judgment and collection as to all parties and entities, as well as regulation by the Commission, with respec...
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