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HomeMy WebLinkAboutCC RES 03-032RESOLUTION NO. 03-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ELECTING TO WIND UP AND DISSOLVE THE CITY OF PALM DESERT GOLF COURSE FACILITIES CORPORATION Recitals A. Pursuant to its Resolution No. 01-45, this City Council approved and directed the formation of the City of Palm Desert Golf Course Facilities Corporation, a California nonprofit public benefit corporation (the "Corporation"), and acknowledged and accepted the designation of the City of Palm Desert (the "City") as the sole member of such Corporation. B. The City, acting through it's City Council as the sole member of the Corporation, desires that the Corporation be wound up and dissolved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The City Council hereby elects to cause the Corporation to wind up its affairs and to dissolve. The Corporation shall cease to conduct its activities, (i) except for the beneficial winding up thereof, to the extent necessary to carry out its purposes and (ii) except during such period as the Board of Directors of the Corporation may deem necessary to preserve the Corporation's goodwill or going -concern value pending a disposition of its assets and contractual obligations. Section 2. The Corporation shall cause written notice of the election by the City to wind up and dissolve the Corporation to be given to all known creditors and claimants as may be required by law or necessary for winding up thereof, and to the Attorney General of the State of California. Without limitation on the generality of the foregoing, the Board of Directors, officers and other authorized representatives of the Corporation, and the City Council, officials, staff and authorized representatives of the City, are hereby authorized and directed to take any action, make any filing and do all things in the name of the Corporation which may be proper or convenient for the purpose of winding up, settling and liquidating the affairs of the Corporation. Section 3. The City Manager is hereby authorized and directed to provide written notice of the adoption of this Resolution, whereupon it will 725737-1 Resolution No. 03-32 City of Palm Desert, this loth day of April to with: ATTEST: RACHELL become effective in accordance with Section 3.02(d) of the Bylaws of the Corporation. PASSED, APPROVED, and ADOPTED by the City Council of the , 2003, by the following vote, AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ( -P-Irt/- ABSTAIN: NONE JEAN M. BENSON, MAYOR D. KLASSEN, CI CLERK 725737-1 -2-