TFE shall continue until it is dissolved in accordance with the provisions of this chapter.
(Ord. 66 § 2.1, 5-10-1986 (Res. 86-0280))
TFE is an enterprise of the Tulalip Indian Tribes, established as a distinct entity of the Tribal government and pursuant to those provisions of the Tribal Constitution adopted under Section 16 of the Indian Reorganization Act of 1934. It is subject to the jurisdiction, Constitution, laws and ordinances of the Tribes. The Tribes expressly reserves all of its inherent sovereign rights as an Indian tribe with regard to the activities of TFE and retains all the privileges and immunities of such rights in operating through the enterprise, except as expressly limited by the Tribes. Nothing in this chapter shall be deemed or construed to be a waiver of sovereign immunity from suit or to be a consent of the Tulalip Indian Tribes to the jurisdiction of any state with regard to the business or affairs of TFE or to any cause of action, case or controversy. Any waiver of sovereign immunity must be expressly and unequivocally enacted as provided in TTC § 15.20.080(12) and shall be strictly construed.
(Ord. 66 § 2.2, 5-10-1986 (Res. 86-0280))
In furtherance, but not in limitation, of the foregoing economic development purposes, TFE shall have the following powers:
(1)
To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with money, securities, real and personal property, rights and services of any kind and description, or any interest therein; provided, that TFE shall have authority to purchase or exchange real property, whether located on or off the Tulalip Indian Reservation, only with the express consent of the Tulalip Tribal Board of Directors and the Secretary of the Interior as to each such action. All real property acquired by TFE shall be acquired in trust for the Tulalip Tribes.
(2)
To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its personal property and assets, except as limited in subsection (3) of this section.
(3)
To borrow money and to make, accept, endorse, execute and issue bonds, debentures, promissory notes, guarantees, and other obligations of TFE for monies borrowed, or in payment for property acquired or for any of the purposes of TFE, and to secure payment of any obligations by secured interest, mortgage, 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 property, rights or privileges of TFE; provided, that TFE shall only have authority to sell, convey, mortgage, exchange, or transfer any interest in Tribal trust or restricted property, wheresoever located, and any other Tribal property not separately owned by TFE, upon the express written approval of the Board of Directors of the Tulalip Tribes and in compliance with any applicable Federal law, including, but not necessarily limited to, 25 U.S.C. 403a, 403a-2, and 415. Any Tribal forest product, including logs, which is subject to a sales contract or agreement between the Tribes and TFE, shall not be deemed to be separately owned by TFE until full payment for sale to the Tribes has been made.
(4)
To arbitrate, compromise, negotiate, or settle any dispute relating to TFE’s authorized activities to which it is a party.
(5)
To enter into, make, perform and carry out or cancel and rescind contracts for any lawful purpose pertaining to its business or which is necessary or incidental to the accomplishment of its purposes, subject to the restrictions of this chapter.
(6)
To invest and reinvest its funds in such mortgage, bonds, notes, debentures, shares of preferred and common stock, and any other securities of any kind whatsoever and property, real, personal or mixed, tangible or intangible, as TFE’s Board of Directors shall deem advisable and as may be permitted under applicable law or ordinance; provided, that TFE shall have authority to invest or reinvest in real property, whether located on or off the Tulalip Indian Reservation, only with the express consent of the Tulalip Board as to each such action, and approval of the Secretary of the Interior, when required by Federal law.
(7)
To furnish management, administrative and other business services, support, training and technical assistance to Tulalip Indians involved in business ventures and programs owned, operated or assisted by TFE.
(8)
To conduct educational activities designed to provide instruction or training of Tulalip Indians in technical, language and job skills.
(9)
To engage in business ventures which will carry out the purposes of this chapter, either as sole proprietor or in partnership or joint venture.
(10)
To engage in the activities of owning and operating business ventures providing job training, employment and managerial development opportunities to Tulalip Indians.
(11)
To sue in courts of competent jurisdiction within the United States.
(12)
To be sued; provided, that the sovereign immunity of TFE from suit shall be deemed waived only by express and unequivocal resolution of the Tulalip Board and only to the extent specified in such resolution; and provided further, that this grant of power to be sued and any express waiver of sovereign immunity by resolution of the Tulalip Board of Directors shall not be deemed a consent to the levy of any judgment, lien or attachment upon the property of TFE, other than property specifically pledged or assigned, or upon any property of the Tulalip Indian Tribes, or upon any trust or restricted property.
(13)
To conduct its affairs, carry on its operations, and exercise the powers granted under this chapter in any state, territory, district or possession of the United States, or in any foreign country.
(14)
To engage in any and all activities which will directly and indirectly carry out the purposes of TFE as set forth above.
(15)
To take all action which shall be necessary and proper for carrying into execution the foregoing powers and all of the powers vested by this chapter/charter as permitted by the purposes and powers herein stated, so long as such action is in compliance with all laws, ordinances, rules and regulations duly adopted by the Tulalip Indian Tribes or the United States government.
(Ord. 66 § 2.3, 5-10-1986 (Res. 86-0280))