6.10.040 Waiver of sovereign immunity by tribal entity.
(1) The sovereign immunity of a tribal entity may be waived:
(a) By a “sue and be sued” clause or other express wavier in the charter of the tribal entity; or
(b) By a duly enacted ordinance or a resolution duly adopted pursuant to such authorizing ordinance of the council, including this title.
(2) Waivers of sovereign immunity by duly enacted ordinance or a resolution duly adopted pursuant to such authorizing ordinance, including this title, of the council shall be granted only when necessary to secure a substantial advantage or benefit to the tribal entity or the tribe. Waivers of sovereign immunity by duly enacted ordinance or a resolution duly adopted pursuant to such authorizing ordinance of the council, including this title, shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds of the tribal entity subject to the waiver, court or forum having jurisdiction, and applicable law.
(3) Neither a “sue or be sued” clause nor an express waiver of sovereign immunity of the tribal entity by duly enacted ordinance or a resolution duly adopted pursuant to such authorizing ordinance of the council shall be deemed a consent to the levy of any judgment, lien or attachment upon the property of the tribal entity other than the property specifically pledged, assigned, or identified in the duly enacted ordinance or a resolution duly adopted pursuant to such authorizing ordinance of the council, or of any property of the tribe. [Ord. 05-31-2018-C § 2(02.05.02.040), 2018.]