BCRUA_07-08-22-14 No, 07_DX -2249
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS
WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN
APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
THE STATE OF TEXAS §
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. §
WHEREAS,Brushy Creek Regional Utility Authority, Inc. (the "RUA") hereby finds and
determines that there is an urgent need to plan, develop and construct the Brushy Creek Regional
Water Project which includes constructing water supply,transmission and treatment projects to serve
the Cities of Cedar Park, Leander and Round Rock(collectively, the"Brushy Creek Regional Water
Project"); and
WHEREAS, obtaining financial assistance from the Texas Water Development Board will
assist with the scheduling and completion of the Brushy Creek Regional Water Project; and
WHEREAS,it is hereby officially found and determined that public notice of the time, place,
and purpose of this meeting was given, all as required by Texas Government Code, Chapter 551.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BRUSHY CREEK
REGIONAL UTILITY AUTHORITY, INC.:
1. An application is hereby authorized to be filed with the Texas Water Development
Board seeking financial assistance in an amount not to exceed$358,320,000 to provide the costs for
the Brushy Creek Regional Water Project.
2. That the President of the Board is hereby designated the authorized representative of
the RUA for the purpose of furnishing such information and executing such documents as may be
required in connection with the preparing and filing of such application for financial assistance and
with complying with the rules of the Texas Water Development Board.
3. That the following firms and individuals are hereby authorized and directed to aid and
assist in the preparation and submission of such application and appear on behalf of and represent the
RUA before any hearing held by the Texas Water Development Board on such application, to-wit:
BCRUA\NIDE\07;ApplRes
Financial Advisor Bond Counsel General Manager Engineer
Garry Kimball Carol Polumbo Chris Lippe Allen Woelke
First Southwest Company McCall,Parkhurst&Horton L.L.P. Brushy Creek RUA,Inc. Camp Dresser McKee,Inc.
300 West 6th Street, Suite 1940 600 Congress Avenue, Suite 1800 221 E.Main Street 12357-A Riata Trace Parkway
Austin,Texas 78701 Austin,Texas 78701 Round Rock,Texas 78664 Suite 210
(512)481-2000 (512)478-3805 (512)218-5400 Austin,TX 78727
(512) 346-1100
BCRUA\TWDB\07:ApplRes
APPLICATION AFFIDAVIT
THE STATE OF TEXAS §
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. §
BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day
personally appeared Scott Rhode, President, Board of Directors of Brushy Creek Regional Utility
Authority, Inc. ("RUA") , who being by me duly sworn, upon oath says that (1) to the best of his
knowledge and belief, the facts and information contained in the Application to the Texas Water
Development Board for financial assistance are true and correct, (h)the RUA will comply with all
representations in the Application to the Texas Water Development Board for financial assistance,
all laws of the State of Texas, and all rules and published policies of the Texas Water Development
Board, and (iii) to the best of his knowledge, there is no litigation or other proceeding pending or
threatened against the RUA before any court, agency, or administrative body wherein an adverse
decision would materially adversely affect the financial condition of the RUA or the ability of the
RUA to issue debt and(iv) the Request for Financial Assistance the Texas Water Development
Board was approved by the Board of Directors in an open me g.
Sc tt Rhode, President
SUBSCRIBED AND SWORN TO BEFORE ME this day of r
2007.
t"+"Psm CHRISTINE T.MCAWSTER II!
'= MY COMMISSION EXPIRES �J �?
Apr1115,2011
"Ilic
[Notary Seal]
BCRUA\1WDB\07:Afdavii
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS §
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. §
The undersigned President of the Board of Directors of the Brushy Creek Regional Utility
Authority, Inc. (the "RUA"), hereby certify as follows:
1. The Board of Directors of the RUA convened in SPECIAL MEETING ON THE 22ND
DAY OF AUGUST, 2007, at the designated meeting place(the"Meeting"), and the roll was called
of the duly constituted officers and members of the Board, to wit:
Scott Rhode -President
Cobby Caputo - Vice President
John Cowman- Secretary
and all of said persons were present, except the following absentees: none, thus constituting a
quorum. Whereupon,among other business,the following was transacted at the Meeting: a written
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS
WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN
APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
was duly introduced for the consideration of the Board. It was then duly moved and seconded that
the Resolution be passed; and, after due discussion,the motion, carrying with it the passage of the
Resolution, prevailed and carried by the following vote:
AYES: :3
NOES: 0
2. A true, full and correct copy of the aforesaid Resolution passed at the Meeting described
in the above and foregoing paragraph is attached to and follows this Certificate;that the Resolution
has been duly recorded in the Board's minutes ofthe Meeting;that the above and foregoing paragraph
is a true, full and correct excerpt from the Board's minutes of the Meeting pertaining to the passage
of the Resolution;that the persons named in the above and foregoing paragraph are the duly chosen,
qualified and acting officers and members of the Board as indicated therein; that each of the officers
and members of the Board was duly and sufficiently notified officially and personally, in advance, of
the time, place and purpose of the aforesaid Meeting, and that the Resolution would be introduced
and considered for passage at the Meeting, and each of the officers and members consented, in
BCRUA\TW DB\07:ApplResCut
advance,to the holding of the Meeting for such purpose;that the Meeting was open to the public and
public notice of the time,place and purpose of the Meeting was given,all as required by Chapter 551,
Government Code, as amended and Section 49.064, Texas Water Code, as amended.
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BCRUA\TWDB\07:AppIR.Cm
SIGNED this 3� 2007
l
LlP "ident, Board of Directors
BCRUA%TWDB\07:ApplResCert