header-left header-right
File #: 21-111    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 11/2/2021 In control: TRIBAL COUNCIL
On agenda: 11/15/2021 Final action: 12/16/2021
Enactment date: 12/13/2021 Enactment #: R-066-21
Title: A RESOLUTION AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR THE PURCHASE OF PROPERTY FROM OKLAHOMA ORDINANCE WORKS AUTHORITY
Sponsors: Danny Callison, Mike Shambaugh, Victoria Vazquez
Indexes: Property, Waiver of Sovereign Immunity
Code sections: N/A - Not Applicable
Attachments: 1. R-66-21.PDF

Title

A RESOLUTION AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR THE PURCHASE OF PROPERTY FROM OKLAHOMA ORDINANCE WORKS AUTHORITY

Body

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, the Nation enjoys sovereign immunity from suit under federal and state law;

 

WHEREAS, the Nation has inherent sovereign power by virtue of its constitution and tribal law to enter into contractual agreements and execute such waivers necessary for such agreements;

 

WHEREAS, waivers of sovereign immunity must be approved by the Cherokee Nation Tribal Council;

 

WHEREAS, Cherokee Nation wishes to purchase real property from Oklahoma Ordinance Works Authority, for the construction of a Child Development Center;

 

WHEREAS, the proposed contract contains a limited waiver of Sovereign Immunity, strictly limited in scope to apply only to the Property and to Purchaser’s obligations under the Agreement;

 

BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief and/or his designee are hereby authorized and directed to execute all documents or transactions necessary for Cherokee Nation to purchase real property from Oklahoma Ordinance Works Authority, for the construction of a Child Development Center, specifically including a limited waiver of Sovereign Immunity, strictly limited in scope to apply only to the Property and to Purchaser’s obligations under the Agreement.