City of Milwaukee - File #: 990334

• File #: 990334
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/2/1999
• In control: STEERING & RULES COMMITTEE
• Final action: 6/22/1999
• Title: Substitute resolution authorizing and directing the City Clerk to execute a Restated Intergovernmental Cooperation Agreement between the City of Milwaukee, County of Milwaukee, and the Forest County Potawatomi Community of Wisconsin.
• Sponsors: ALD. KALWITZ, ALD. FRANK, ALD. PRATT, ALD. SCHRAMM, ALD. JOHNSON-ODOM, Fredrick Gordon, ALD. SCHERBERT, James N. Witkowiak, ALD. PAWLINSKI, ALD. BREIER, ALD. NARDELLI, ALD. HINES JR.
• Indexes: AGREEMENTS, GAMBLING, INDIAN TRUST STATUS

Date	Ver.	Action By	Action	Result	Tally
7/1/1999	1	MAYOR	SIGNED
6/22/1999	1	COMMON COUNCIL	ADOPTED	Pass	13:1
6/16/1999	1	STEERING & RULES COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	7:0
6/14/1999	1	CITY CLERK	DRAFT SUBMITTED
6/7/1999	0	STEERING & RULES COMMITTEE	HEARING NOTICES SENT
6/2/1999	0	COMMON COUNCIL	ASSIGNED TO

NUMB:
990334
VERS:
SUBSTITUTE 1
REF:

XXBY:
ALD. KALWITZ, FRANK, PRATT, SCHRAMM, JOHNSON-ODOM, GORDON, SCHERBERT, WITKOWIAK, PAWLINSKI, BREIER, NARDELLI
AND HINES
TITL:
Substitute resolution authorizing and directing the City Clerk to execute a Restated Intergovernmental Cooperation Agreement between the City of Milwaukee, County of Milwaukee, and the Forest County Potawatomi Community of Wisconsin.
ANLS:
- Analysis -

This substitute resolution authorizes the City Clerk to enter into a Restated Intergovernmental Cooperation Agreement with the Forest County Potawatomi Community of Wisconsin and Milwaukee County. The City, County and Potawatomi entered into a Cooperation Agreement approved under Common Council File No. 981393 on March 3, 1999 ("Original Agreement"). Despite the parties' express intention to qualify all Potawatomi payments under the Original Agreement as payments to help fund the operations of City and County governmental agencies in accordance with 25 U.S.C. sec. 2710(b)(2)(B)(v), sec. 2710(d)(1)(A)(ii) and sec. 66.60(2), Stats., the Assistant Secretary of the United States Department of Interior concluded in a May 14, 1999 communication to the Potawatomi's legal counsel that the Tribe's payments under the Original Agreement constituted a local tax impermissible under 25 U.S.C. sec. 2710(d)(4). The parties therefore propose to enter into the Restated Intergovernmental Cooperation Agreement attached to this file to clarify their intent to qualify all Tribal payments under the provisions of 25 U.S.C. sec. 2710(b)(2)(B)(v) and sec. 2710(d)(1)(A)(ii).

BODY:
Whereas, The Forest County Potawatomi Community of Wisconsin ("Tribe") operates Potawatomi Bingo and Casino ("Casino") on land within the exterior boundaries of the City and County that is held in trust for the benefit of the Tribe by the United States of America ("Menomonee Valley Land"); and

Whereas, The Tribe and the State of Wisconsin ("State") have entered into ...