The General Store shall exist as a division and program within
the Tribal Government but shall, to the greatest extent consistent
with its purposes, operate as a business enterprise of the Tribe.
Consistent with its approved budget and business plan, the General
Store shall have the authority to do any and all things necessary
and appropriate in furtherance and connection with the development,
construction, ownership, lease, operation, management, maintenance
and promotion of the Bkedé o Mshiké General Store's
business and assets, including without limitation the following:
A.
To perform and carry out agreements, contracts and undertakings for
any lawful purpose pertaining to its business or which is necessary
or appropriate to the accomplishment of its purposes;
B.
To purchase, take by gift, devise or bequest, or otherwise, acquire,
own, hold, manage, operate, sell, convey, mortgage, pledge, encumber,
lease, exchange, transfer and otherwise dispose of personal property
and assets of every description and nature, tangible or intangible,
including money, securities or any interest therein, provided that
the General Store shall not transfer or encumber any real property
held in trust by the United States for the benefit of the Tribe except
as allowed under the laws of the United States and with the express
authorization of the Tribal Council;
C.
To borrow money and to make, accept, endorse, execute and issue promissory
notes, guarantees and other obligations for money borrowed or in payment
for property acquired in furtherance of the purposes of the General
Store, and to secure payment of any obligations by the grant of a
General Store and to grant a security interest, pledge, deed, indenture,
agreement or other instrument of trust or by other lien upon, assignment
of or agreement in regard to all or any part of the personal property,
rights or interests of the General Store;
D.
Subject to Article IV, and in consultation with the Tribe's legal counsel, to arbitrate, compromise, negotiate or settle any dispute relating to the General Store's activities and to which it is a party;
E.
To invest and reinvest its funds in such notes, accounts and obligations of any kind whatsoever as the General Store's governing body, as defined at § 11.2-17, determines to be necessary and appropriate to the General Store's purposes;
F.
To purchase insurance from any stock or mutual company against any
liability, loss or disruption of operations or to property and against
any public liability as a result of any risk or hazard;
G.
To establish and maintain such bank and other financial accounts
as may be necessary and appropriate to the furtherance of the purposes
of the General Store;
H.
To exercise such further incidental power, not inconsistent with
this charter and law, as may be necessary and appropriate to the conduct
of the General Store's business and accomplishment of its purposes;
I.
To take all action which shall be necessary and appropriate for carrying
out the foregoing powers and accomplishing the purposes of the General
Store as set forth in this charter.
The General Store shall not have any power:
A.
To expressly or implicitly enter into agreements of any kind on behalf
of the Tribe;
B.
To pledge the credit of the Tribe;
C.
To dispose of, pledge or otherwise encumber revenues or real property
or personal property of the Tribe that is not specifically assigned
to the General Store; or
D.
To waive any right, privilege or immunity of, or release any obligations
owed to, the Tribe; provided, however, that nothing herein contained
shall be construed to limit the General Store's power to enter
into agreements binding on it, pledge its credit, dispose of, pledge
or encumber its revenues or assets.
