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Home My WebLink About88-053r~~~ ~ r~~~~~O - ' j ' ~ '° °~~ ~ARD O~ SUPERVISORS BO ~* ~ ~ ~ ^ ='~~ N UTTE, STATE OF CALIFORNIA COUNTY OF B ~. ~. ' . .' - ~. -;,~,~ ~ '~~ ~ ~ ,t "as- Resolufion No. 88- 053 RES OLiJT I ON The Board of Supervisors of the County of Butte do resolve the following: The original boundaries of the Mooretown Rancheria as it existed immediately prior to its purported termination by the United States of America pursuant to the California Rancheria Act are hereby restored. All parcels of real property or interests in said property currently owned by Indian descendants within the boundaries of the Mooretown Rancheria are exempt from property taxes. More particularly, the following parcels, determined to be owned by Indian descendants, are exempt from property taxes. OWNER PARCEL NUMBER Archuleta, Delmas SS Steidl, Ida, et a1 Mullens, Marjorie Davis, Addie Prusia, Shirley A. Archuleta, Delmas SS Archuleta, Elmer, et al Taylor, Elwood Archuleta, Delmas SS 071-05-0-009-0 071-05-0-028-0 071-05-0-029-0 071-05-0-030-0 071-05-0-031-0 071-05-0-098-0 071-05-0-097-0 071-05-0-048-0 071-05-0-049-0 ( 031-11--0-042-0 } (037-11-043-0) (037-11-0-044-0) (036-11-0-045-0) (071-05-0-047-0) (037-11-0-056-0) (037-11-0-053-0) (038-11-0-053-0) This Resolution is to promote equity to remedy the effects of the premature and unlawful termination of the Mooretown Rancheria. FURTHER, the Board of Supervisors of the County of Butte shall refund in full, all real property taxes heretofore paid to the County of Butte for the tax year 1979 and any subsequent tax year for any parcels located within the boundaries of the Mooretown Rancheria owned by Indian descendants. This Resolution sha11 remain in effect until December 31, 1989, at which time the County of Butte sha11 have the limited power, authority and/or jurisdiction to levy and collect real property taxes only on Indian parcels which are not held in trust by the United States or for which no election to return to trust status has been made. Further, the Board of Supervisors of the County of Butte has reviewed the STIPULATION FOR ENTRY OF JUDGMENT (Butte County) in the matter of Ti11ie Hardwick, et al, plaintiffs v. United States of America, et al, defendants, a copy of which is attached hereto and incorporated herein by this reference as though set forth in full, and approves the stipulation and authorizes the Butte County Counsel to sign the stipulation on behalf of the County. PASSED AND ADOPTED by the Butte County Board of Supervisors this 3rd day of May 198, by the following vote: AYES: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf NOES : None ABSENT: None NOT VOTING: None SKEL McINTURF, CHAIRS N Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By -2-- i 2 3 4 5 fi 7 9 10 1~ 12 ~ 3 '~ 14 15 16 17 18 ~9 2a 2~ 22 23 24 25 26 27 28 DAVID J. RAPPORT CALIFORNIA INDIAN LEGAL SERVICES Post Office Box 488 Ukiah, California 95482 Telephone: (707) 462-3825 Attorneys for Plaintiffs Butte County Counsel 25 County Center Drive Oroville~, California 95965 ~elephane: (916) 534-4621 Attorneys for Butte County Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TILLIE HARDWICS, et al. Plaintiffs, vs. UNITED STATES OF AMERICA, et al. Defendants. N0. C-79-1710 SW STIPULATION FOR ENTRY OF JUDGMENT (BUTTE COUNTY) Plaintiffs on their own behalf and on behalf of class members from the Mooretawn Rancheria and defendants Richard Puelicher, the Tax Collector for Butte County, Lawrence Leach, the Assessor for Butte County, and the Board of Supervisors of Butte County, subject to approval of the Court agree as follows: 1. DEFINITIONS - The following definitions shall govern the construction of the stipulation. A. "PLAINTIFFS" -- means all Plaintiffs in the above-captioned ease, the Mooretown Rancheria, and all those STIPULATION FOR ENTRY OF JUDGMENT ~'hardwick®pldgs ~stip5 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 1$ 19 20 21 22 23 24 25 28 27 28 class members from the Mooretown Rancheria. B. "DEFENDANTS" - means Richard Puelicher/Tax Collec- tor £or Butte County, Lawrence Leach/Assessor far Butte County and the Board of Supervisors of Butte County, and their succes- ears in office . C. "NIOORETOG+TN RANCHERIA" - means all lands within the exterior boundaries of the A~ooretown Rancheria as it existed immediately prior to its purported termination by the United States of America pursuant to the California Rancheria Act. D. °RANCHLRTA PARCELS" - means all parcels of real property within the boundaries of the Mooretown Rancheria which were distributed ar sold by the United States of America pursuant to the Plan for the Distribution of the Assets of the Mooretown Rancheria, approved by the Secretary of the Tnterior on July 21, 1959. E. "INDIAN PARCELS" - means all those parcels of real property or interests in said parcels within the boundaries o~ the Mooretown Rancheria currently owned by Indians entitled to return said parcels or interests thereof to the United States of America in accordance with the ,judgment of the United States District Court, Northern District of California, in the above-entitled case. F. "THE PARTIES" - means the Plaintiffs and Defendants as defined above . G. "TNDTAN COUNTRY" - means "Tndian Country" as defined by 18 USC X1151. H. "ELECTION TO RETURN TO TRUST STATUS" - means the filing of a deed in the Butte. County Recorder's Office which has STIPULATION FOR ENTRY OF JUDGMENT ~hardwick~pldgs®stip5 - 2 - 1 been duly accepted by the United States of America which returns 2 Indian Parcels to trust status with the United States of America. 3 T. "INDIANS" _ means any Indian who owns any interest 4 in a Mooretown Rancheria parcel. ~ J. "COUNTY MAINTAINED ROAD" - means those roads which ~ are listed as part of the Butte County maintained road system, 7 including roadside easements, located on the Mooretown Rancheria 8 that were conveyed to Butte County as part of the termination of ~ the Rancheria, if any. 10 K. "UNPAID PROPERTY TAKES" - means real property taxes 11 due on Sndian parcels. 12 L. "ASSESSMENT" - means an exaction of money imposed 13 on the owner of real property located within the county the 14 payment of which is secured by a lien on the property, including, 15 but not limited ta, benefit assessments, assessments imposed 1S under the authority of the Improvement Acts of 3.911 and 1913 and 17 the Special Assessment, Investigation, Limitation and Majority 1S Protest Act of 1931, the Revenue Bond Law of 1941, or any similar 19 law. 20 2. The Parties, subject to approval of the Court 21 pursuant to Federal Rules of Civil Procedure~23~c), stipulate 22 that the Court may enter judgment as follows: 23 A. The Court shall certify a sub--class consisting of 24 all those Plaintiffs of the class previously certified herein 2d from the Mooretown Rancheria in Butte County. 2fi B. The Court shall declare that: 27 1) The Mooretown„Rancheria is described as shown on 28 Exhibit A to the Stipulation for Entry of Judgment, filed herein on August 2, STIPULATION FOR -- 3 - ENTRY OF' JUDGMENT ~hardwick°pldgs®stip5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 1983, and made the judgment of this Court on December 22, 1983, in Order Approving Entry of Final Judgment in action. 2) The Mooretown Rancheria and the Plaintiffs were never and are not now lawfully terminated under the California Rancheria Act ("Rancheria Act"), of August 18, 1958, Pub. L. 85-671, 72 Stat. 69, as amended by the Act of August ll, 1964, 78 Stat. 390; in that the requirements of section 3 of that Act were not fulfilled prior to the conveyance of the deeds to the Rancheria Parcels. 3) As a consequence this Caurt has authority as a court of equity to remedy the effects of the premature and unlawful termination of the Moaretown Rancheria and the Plain- tiffs to the extent that it can do so without adversely affecting the interests of third party purchasers for value of Rancheria Parcels. C. The original boundaries of the Mooretown Rancheria, as it existed immediately prior to it purported termination under the Rancheria Act are hereby restored, and all land within these restored boundaries of the Mooretown Rancheria are declared to be "Ind~.an CauntrV". D. The Mooretown Rancheria shall be treated by the County of Butte and the United States of America, as any other federally recognized Indian Reservation, and all of the Jaws of the United States that pertain to federally recognized Indian Tribes and Indians shall apply to the Mooretown Rancheria and the Plaintiffs. E. All real property taxes heretofore paid to the County of Butte by Plaintiffs for the tax year 1979 and any STIPULATION FOR ENTRY OF JUDGMENT ®hardwick~pldgs~stip5 - 4 - 1 2 3 4 5 6 7 9 10, 11 i2 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 2$ subsequent tax year for Indian Parcels shall be refunded in full ~I to Plaintiffs or the esta~.e of the k~laintiff who paid them. However, no prejudgment interest shall be added to the amounts refunded under this paragraph. Defendants shall be entitled to keep all real property taxes collected on all property located in the Mooretown Rancheria except as specifically set forth above. t F, Defendants shall not collect or recover any Unpaid Property Taxes, assessments ar fees on Indian Parcels within the boundaries of the Maoretown Rancheria as restored; any liens to secure the payment of such taxes, assessments or fees shall be cancelled; and, except as provided in Paragraphs G, defendants shall not have jurisdiction to tax or assess Indian Parcels on. said rancheria. G, After December 31, 1989, the County of Butte shall have the limited power, authority and/or jurisdiction to levy and collect real property taxes only on all Indian parcels which are not held in trust by the United States or far which no election to return to trust status has been made. H. A11 County maintained roads within the ~looretown Rancheria shall be deemed to have been and now are lawfully owned and maintained by the County of Butte. I. All claims whatsoever for money damages, other than the tax refunds under Paragraph E, against the Defendants result- ing from the distribution of the assets of the Mooretown Rancheria under the Rancheria Act, which were or could have been made in this action shall be dismissed with prejudice. /// /// STIPULATION FQR ENTRY QF JUDGMENT ®hardwick®pldgs®stip5 - 5 - 1 2 3 4 5 fi 7 8 9 10 I 11 ~ 12 13 14 ~ i5 ' 16 17 18 i 19 20 21 E 22 23 24 25 I 26 27 I I 2$ ! DATED: April 2, 3987 DATED: May 9, 1985 STIPULATION FOR ~I ENTRY OF JUDGMENT mL _ ~~. .. .. f. si ...1 ~ ~.~ lE _.i !.... r_ CALIFORNIA INDIAN LEGAL SERVICES DAViD J. RAPPORT Attorneys fvr Plaintiffs SUSAN ROFF Counse]. far Butte County i ay: ~L~o~.~~ ~ SUSAN R4FF Butte County`Caunsei Attprney for Defendants 5 -