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HomeMy WebLinkAboutResolution Terminating the Industrial Development Authority A RESOLUTION OF THE EULESS INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF EULESS, TEXAS, DETERMINING THAT THE NONPROFIT CORPORATION NO LONGER SERVES ITS ORIGINAL PURPOSE FOR THE CITY OF EULESS, TEXAS, AND SHOULD BE TERMINATED; AUTHORIZING THE EXECUTION AND FILING OF THE CERTIFICATE OF TERMINATION OF A DOMESTIC NONPROFIT CORPORATION OR COOPERATIVE ASSOCIATION (FORM 652), TERMINATING THE EULESS INDUSTRIAL DEVELOPMENT AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Euless Industrial Development Authority is a nonprofit corporation and is an industrial development corporation under the Development Corporation Act of 1979, having been formed on November 16, 1979; WHEREAS, the Directors of the Euless Industrial Development Authority have determined that the nonprofit corporation no longer serves its original purpose for the City of Euless, Texas, and should therefore be terminated; WHEREAS, the Directors of the Euless Industrial Development Authority have determined that its President should be authorized to execute the Certificate of Termination of a Domestic Nonprofit Corporation or Cooperative Association (Form 652); and WHEREAS,the directors of the Euless Industrial Development Authority have determined that the filing of the Certificate of Termination with the Office of the Texas Secretary of State will be finalized by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE EULESS INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The President of the Euless Industrial Development Authority is hereby authorized to execute the Certificate of Termination of a Domestic Nonprofit Corporation or Cooperative Association (Form 652) attached hereto as Exhibit A and incorporated by reference herein, therefore terminating the nonprofit corporation. The City Attorney's office is hereby authorized to file the Certificate of Termination with the Office of the Texas Secretary of State. SECTION 2. This Resolution shall become effective immediately upon its adoption by the Directors of the Euless Industrial Development Authority. PASSED, APPROVED, AND EFFECTIVE ON THIS 9T" DAY OF APRIL, 2019. APPROVED: ATTEST: a a in, Presid t S cre,11ary Euless Industrial Development Authority Euless Industrial Development Authority Form 652 This space reserved for office use. f (Revised 05/11) Return in duplicate to: Secretary of State 40 . P.O.Box 13697 Austin,TX 78711-3697 Certificate of Termination 512 463-5555 of a Domestic FAX: 512 463-5709 Nonprofit Corporation or Filing Fee: $5 Cooperative Association Entity Information 1. The name of the domestic entity is: Euless Industrial Development Authority 2. The entity is organized under Texas law as a ❑✓ nonprofit corporation ❑cooperative association. 3. The daze of formation of the entity is: November 16, 1979 4. The file number issued to the entity by the secretary of state is: 49812401 Governing Persons 5. The names and addresses of each of the entity's governing persons are: (see instructions) GOVERNING PERSON 1 .T'" __ .. ... <.... NAME(Enter the name of either an individual or an organiation,but not both) IF INDIVIDUAL Eddie Puce First Name MI Last Name Sre�e OR IF ORGANIZATION Organization Name ADDRESS 201 North Ector Drive Euless TX USA 76039 Street or Mailing Address cio, State Coun Z' Code GOVERNING PERSON 2 NAME(Enter the name of either an individual or an organisation,but not both.) -IF AV M DUAL Harry Zimmer First Name MI Last Nome SA& OR IF ORGANIZATION Organization Name ADDRESS 201 North Ector Drive Euless TX USA 76039 I Street orMailin Address City State Country Z�p Code Form 652 4 EXHIBIT Industrial Development Authority Resolution, P 2 of a GOVERNING PERSON 3 - - NAME(Enter the name of either an individual or an organization,but not both.) IF INDIVIDUAL '• i Tim Stinneford First Name M.I. Last Name Suffix OR IF ORGANIZATION Organization Name ADDRESS 201 North Eetor Drive Euless TX USA 76039 Street or Mailin Address city State Country Zip Code GOVERNING-PERSON 4 - NAME(Enter the name of either an individual or an organization,but not both) IF INDIVIDUAL Jeremy Tompkins First Name ML Last Name Su OR IF ORGANIZATION Organization Name ADDRESS 201 North ctor Drive Euless TX USA 769039 Street or Mailing Address City Stare Country Zip Code Event Requiring Winding Up (See instructions.) 6. The nature of the event requiring winding up is set forth below: (Select either A,B,C,D,or E.) ✓❑ A. A voluntary decision to wind up the entity has been approved in the manner required by the Texas Business Organizations Code and by the governing documents of the entity. ' ❑ B. The period of duration specified in the governing documents of the entity has expired. ❑ C. The occurrence of an event specified in the governing documents of the entity that requires the winding up, dissolution,or termination of the entity ❑ D. The occurrence of an event specified in the Texas Business Organizations Code that requires the winding up, dissolution, or termination of the entity OR ❑ E A court decree requiring the winding up,dissolution, or termination of the entity has been rendered under the provisions of the Texas Business Organizations Code or other law. Completion of Winding Up 7. The filing entity has complied with the provisions of the Texas Business Organizations Code governing its winding up. Supplemental Information.Required For a Nonprofit Corporation i The undersigned authorized person acting on behalf of the named nonprofit corporation certifies that: i Form 652 5 Industrial Development Authority Resolution, Page 3 of 5 1. Any property of the nonprofit corporation has been transferred, conveyed, applied,or distributed in accordance with chapter 11 and chapter 22 of the Texas Business Organizations Code. 2. There is no suit pending against the nonprofit corporation or that adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the nonprofit corporation in a pending suit. 3. If the nonprofit corporation received and held property permitted to be used only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but the nonprofit corporation did not hold the property on a condition requiring return, transfer, or conveyance because of the winding up and termination, that the distribution of that property has been effected in accordance with a plan of distribution adopted in compliance with the BOC for the distribution of that property. Effectiveness of Filing (select either n,B,or C.) A.❑✓ This document becomes effective when the document is filed by the secretary of state. B. ❑This document becomes effective at a later date,which is not more than ninety(90) days from the date of signing. The delayed effective date is: C. ❑This document takes effect upon the occurrence of the future event or fact,other than the passage of time. The 90th day after the date of signing is: The following event or fact will cause the document to take effect in the manner described below: Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Date: April 9,2019 By: A person authorized by law to execute the filing instrument (see instructions) Printed or typed name of authorized person Form 652 6 Industrial Development Authority Resolution, Page 4 of 5 i Governing Persons 5. The names and addresses of each of the entity's governing persons are: (continued) GOVERNING PERSON 5: Salman Bhojani 201 N.Ector Drive Euless TX USA 76039 GOVERNING PERSON 6: Linda Eilenfeldt 201 N.Ector Drive Euless TX USA 76039 GOVERNING PERSON 7: Linda Martin 201 N. Ector Drive Euless TX USA 76039 Industrial Development Authority Resolution, Page 5 of 5