[Adopted 6-5-1997 by Ord. No. 97-06; amended in its entirety 1-3-2008]
The purpose of this amendment is to reorganize the Menominee
Indian Gaming Authority under Article XIII of the Constitution and
Bylaws of the Menominee Indian Tribe of Wisconsin ("Tribe") and to
adopt a Charter ("Charter") for the Menominee Indian Gaming Authority.
The Menominee Indian Gaming Authority is and shall remain a
subordinate, wholly owned instrumentality of the Tribe, which maintains
sole proprietary interest and responsibility for the gaming operation
(as defined in and conducted pursuant to the Charter). As a wholly
owned instrumentality of the Tribe, MIGA enjoys an autonomous existence.
Except as set forth in §
90-6 herein, the Tribe, in authorizing the establishment of MIGA by Charter, does not waive or limit the right of the Tribe to sovereign immunity from suit and authorizes MIGA to waive or limit its sovereign immunity from suit only as specifically provided for in the Charter. The issuance of the Charter does not waive or limit any exceptions and immunities from taxation to which the Tribe and its instrumentalities are or may in the future be entitled by law.
The Menominee Indian Gaming Authority shall conduct all gaming
and gaming-related businesses of the Menominee Indian Tribe that are
located on the Menominee Indian Reservation as defined by the 1854
Treaty and the Menominee Restoration Act ("Reservation") in accordance
with the Charter.
The Menominee Indian Gaming Authority is hereby granted authorization
to enter, use and operate the gaming operation, as defined in Section
5(e) of the Charter, on tribal lands within the Reservation, including
but not limited to lands title to which is held by the United States
in trust for the benefit of the Tribe and lands title to which is
held by the Tribe subject to restrictions by the United States against
alienation. Such authorization for MIGA to use and operate the gaming
operation on designated tribal lands shall remain in effect for so
long as the gaming operation remains in operation, and in any event
such authorization shall not expire earlier than 25 years from the
initial date of the enactment of this article, provided that MIGA's
authorization to use the tribal lands within the Reservation shall
be automatically extended for another twenty-five-year term, so long
as the Tribe does not provide notice to MIGA to the contrary at least
90 days prior to the expiration of the initial twenty-five-year term.
Notwithstanding any other provision of this article or Charter,
MIGA is specifically not authorized to do any of the following:
A. Negotiate or agree to any Class III Gaming Compact;
B. Bind the Tribe through contract or otherwise;
C. Create debt or other obligations outside the normal course of business
that would have the potential to significantly reduce the net revenues
transferred to the Tribe, unless the assumption of such debt or other
obligation is authorized by the Tribal Legislature by resolution;
D. Enter into a management agreement or other agreement that would pay
any person or entity a percentage of the gaming operation revenue,
unless such agreement is authorized by the Tribal Legislature by resolution;
or
E. Exercise any regulatory or legislative power or other governmental
powers, including but not limited to the power to grant, issue, revoke,
suspend or deny licenses and enact legislation regulating gaming on
the lands of the Tribe.
The funds distributed by MIGA to the general fund of the Tribe
in compliance with Section 9.02 of the Charter shall constitute the
"net revenues from gaming," "net gaming revenues," "gaming revenues,"
"revenues from Class III gaming," and "net revenues" as such terms
are used in the Menominee Indian Tribe of Wisconsin Plan for the Use
of Net Revenue from Gaming, Resolution No. 93-40, adopted by the Menominee
Tribal Legislature on June 18, 1993, and approved by the United States
Department of the Interior on December 9, 1994 (the "plan"), which
are available for allocation and distribution under the plan.
[Adopted 2-3-2005 by Ord. No. 04-55]
The purpose of this article is to delegate certain
governmental powers of the Menominee Indian Tribe to the Menominee
Kenosha Gaming Authority.
This delegation of governmental powers is done
pursuant to Article XIII, Section 4(a) of the Constitution and Bylaws
of the Menominee Indian Tribe of Wisconsin.
The Menominee Indian Tribe delegates to the Menominee Kenosha Gaming Authority the power to enact, maintain, and enforce ordinances and regulations governing lands held in trust for the Menominee Indian Tribe located in Kenosha, Wisconsin, that are substantially similar to those adopted by the Menominee Indian Tribe of Wisconsin pursuant to Chapter
594, Kenosha Trust Lands, of this Code.