Chapter 13.05
GENERAL PROVISIONS
Sections:
13.05.020 Prior utility ordinances repealed.
13.05.060 Nonwaiver of sovereign immunity.
13.05.010 Title.
This title shall be titled Tulalip Utility Ordinance. This title shall become effective immediately upon adoption by resolution by the Board of Directors of the Tulalip Tribes. [Res. 2016-164; Ord. 76 § 1.01, 12-6-2004 (Res. 2004-467)].
13.05.020 Prior utility ordinances repealed.
This title repeals and supersedes Tulalip Tribal Ordinance No. 37, Tulalip Tribal Resolution No. 456-17 and the Tulalip Tribal Sewer District No. 1 Administrative Code and Operations Resolution and the Tulalip Water Code. [Res. 2016-164; Ord. 76 § 1.02, 12-6-2004 (Res. 2004-467)].
13.05.030 Purpose.
The purpose of this title is to establish the Tulalip Utility Department (“Utility Department”) and to define the policies, establish the organization, and identify the necessary rules and regulations for the operation, maintenance and management of the public water and sewer facilities of the Tulalip Utility Department. [Res. 2016-164; Ord. 76 § 1.03, 12-6-2004 (Res. 2004-467)].
13.05.040 Policy.
It shall be the policy of the Board of Directors of the Tulalip Tribes to operate, maintain and manage public utilities on the Reservation so that Reservation residents have available a level of services designed to minimize exposure to adverse conditions which could negatively impact the physical and environmental health of any individual or the community. It shall also be the policy of the Board of Directors of the Tulalip Tribes that operation, maintenance and management of public utilities shall be carried out through a safe and efficient program and in a financially responsible, cost-effective and self-sufficient manner. [Res. 2016-164; Ord. 76 § 1.04, 12-6-2004 (Res. 2004-467)].
13.05.050 Jurisdiction.
The Tulalip Tribes’ authority to establish a Utility Department and to levy appropriate user fees and assessments to all residents and organizations within the water and sewer service areas of the Tulalip Utility Department, and to regulate water supply, treatment and transmission, is derived from its governmental status as a Federally recognized Indian tribe organized pursuant to Section 16 of the Indian Reorganization Act of 1934, and as provided in Article VI, Section 1 of the Tribes’ duly adopted Constitution. [Res. 2016-164; Ord. 76 § 1.05, 12-6-2004 (Res. 2004-467)].
13.05.060 Nonwaiver of sovereign immunity.
The Tulalip Utility Department (the “Utility”) established by this title is a governmental agency of the Tulalip Tribes, and thereby retains all the rights of sovereign immunity of the Tribes. The Department is not authorized to waive and shall not waive the sovereign immunity of the Tulalip Tribes or any of its officers, agents, attorneys or employees, or anyone else acting at the direction of or on behalf of the Tulalip Tribes. Any waiver of sovereign immunity made for the purpose of providing for the sale and issuance of bonds, warrants, notes or other obligations incurred by the Tribes pursuant to the terms of Chapter 13.100 TTC shall only be made by a duly authorized resolution of the Tulalip Tribes and approval of the Bureau of Indian Affairs. [Res. 2016-164; Ord. 76 § 1.06, 12-6-2004 (Res. 2004-467)].