17.2.2.010 Findings

(a) The Council formed San Ildefonso Custodial, LLC ("Custodial") pursuant to Council Resolution No. SI-R07-020;

(b) Pursuant to Article IV of the Articles of Organization, San Ildefonso Custodial is a single member limited liability corporation wholly owned by the Pueblo de San Ildefonso;

(c) Pursuant to Article IV of the Articles of Organization, all shares in the limited liability corporation are owned by the Pueblo de San Ildefonso for the benefit of the Pueblo and its members and the Pueblo Governor and Council shall serve as the Member's representatives, with all rights of a Member;

(d) On September 16, 2009, the Council, through Resolution No. SI-R09-031 entitled "Authorizing the San Ildefonso Pueblo Enterprise Corporation to Own and Operate the San Ildefonso Custodial Services, LLC," assigned San Ildefonso Custodial to San Ildefonso Pueblo Enterprise Corporation ("SIPEC") the Pueblo's federally chartered corporation, so that San Ildefonso Custodial would be a wholly-owned and operated subsidiary of SIPEC;

(e) The Council, by Council Resolution No. SI-R09-031, also authorized the transfer of the Teaming Agreement with Tsay Building Services, LLC, from the Pueblo to SIPEC;

(f) The Articles of Organization authorize the adoption of an Operating Agreement for the conduct of business and affairs of the San Ildefonso Custodial;

(g) The Second Amended Operating Agreement for San Ildefonso Custodial, LLC, at Section 3.1 states that the Council by Resolution No. SI-R09-031 assigned to the SIPEC Board of Directors the responsibility to serve as the Pueblo's Member Representative for San Ildefonso Custodial;

(h) The SIPEC Board has served as the Member's Representative for San Ildefonso Custodial since 2009;

(i) The transfer of San Ildefonso Custodial to SIPEC has not met the Pueblo's expectations;

(j) The Council has determined that for the protection and continued viability of San Ildefonso Custodial, it is in the best interest of the Pueblo to rescind Tribal Council Resolution No. SI-R09-031and reassume any and all interest and authorities in San Ildefonso Custodial that were previously assigned to SIPEC.