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BCRUA_R-09-05-20-8C RESOLUTION NO. R-09- 9C' WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA) desires to enter into a "Deposit Account Documentation Banking Resolution and Certificate of Incumbency" with Bank of America, N.A. , Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA a "Deposit Account Documentation Banking Resolution and Certificate of Incumbency" with Bank of America, N.A. , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9"( day of May, 2009 . MITCH F LLER, P sident Brushy Creek Re onal Utility Authority AZE : rd Secretary 001608606kg Bankof AmericaS., Deposit Account Documentation Banking Resolution and Certificate of Incumbency Date: 05/20/09 Select One: ® New Resolution/Incumbency ❑ Supersede Banking Resolution ❑ Update Incumbency This Banking Resolution and Certificate of Incumbency will apply to all accounts you maintain with us. Brushy Creek Regional Utility Authority _ Organization Legal Name COPY The Organization adopts the following Banking Resolution and Certificate of Incumbency(with specimen signatu The undersigned certifies that: 1) any individual(each an"Authorized Signer")holding any of the following positions - -- General Manager City Manager,Cedar Park,Texas (Title) (Title) City Manager, Leander,Texas City Manager, Round Rock,Texas (ritle) (Title) is authorized, acting alone, (a)to establish accounts from time to time for the Organization at Bank of America, N.A. (the'Bank"), as well as to operate and close such accounts,and(b)to designate persons to operate each such account including closing the account,and 2)the person whose signature, name, and title appear in the"AGREEMENT,TAX INFORMATION CERTIFICATION and AUTHORIZATION"section of the Deposit Account Documentation Signature Card ("Signature Card") and those persons listed below on the Incumbency Certificate, are Authorized Signers who are authorized to establish accounts and to designate persons to operate each such account and to execute contracts and agreements with the Bank and that their signatures are genuine. 3) the persons who signed in the Designated Account Signers section of the Signature Card are authorized to operate any accounts opened with the deposit account documentation unless otherwise noted on the Signature Card,and that their signatures are genuine. 4) the foregoing is a complete, true and correct copy of the banking resolutions adopted by the Board of Directors, the Members or the General Partners, Commission, Council or Governing Board as applicable,of the Organization,government entity or authority and that the resolutions are still in full force and effect and have not been amended or revoked and do not exceed the objects or powers of the Organization,government entity,authority or the powers of its management or Governing Board,Commission or Council. Incumbency Certificate:Use when Authorized Signer's signature does not appear on the accompanying Signature Card, or to update authorized signers. Name Title Signature c�Chris Lippe General Manager -. Brenda Eivgns City Manager, Cedar Park,Texas Anthony Johnson City Manager, Leander,Texas James R. Nuse City Manager, Round Rock,Texas If you choose to provide your own Banking Resolution and Certificate of Incumbency(with s eci en signatures),it must be attached to the signature card. This Banking Resolution and Certificate of incumbency must be signed as follows: Corporations:Secretary or assistant secretary of the company must sign. Any Partnership Woe: One of the general partners must sign. If the general partner is an organization,show the name of the general partner and include capacity of signer. Limited Liability Company:Member Managed LLC:One of the members or an officer of the company must sign- If the member or manager is an organization,show the name of the member or manager and include capacity of signer. Manager Managed LLC:The manager or managers or an officer authorized of the company must sign.If the member or manager is an organization, show the name of the member or manager and include capacity of signer. Other unincorporated organizations:An officer of the organization who is authorized by the by-laws or operating agreement of the company must sign. Government entities,authorities or agencies:An authorized signer of the government entity/authority who is authorized by the statutes must sign. IN WITNESS WHEREOF, I have hereunto set my hand as President (title)of the Organization listed above this 20 day of May , 2009. By: Mitch Fuller Type or Print Name of Certifying Individual Signature Brushy Creek Regional Utifity Authority — (Name of Company who is General Partner or Member) THIS DOCUMENT MUST BE PROCESSED BY THE BANK OF AMERICA UNIT LISTED BELOW For Bank Use: Forward to: DST Date Received: Received by: Marc[Enriquez Phone: 512-397-2885 Date Reviewed: Reviewed by: 00-35-2654NSBW 09-14-2006 Page 1 of 1 Bank of America - Confidential ©2005 Bank of America Corporation DATE: May 15, 2009 SUBJECT: BCRUA Board Meeting—May 20, 2009 ITEM: 8C. Consider a resolution authorizing the President to execute the Bank of America, N.A. deposit account documentation form titled "Banking Resolution and Certificate of Incumbency." PRESENTER: Cindy Demers, Assistant City Manager, City of Round Rock Justification/Background: This item designates the authorized persons on behalf of the BCRUA to execute documents with Bank of America. These authorized persons are the BCRUA General Manager and the City Managers from Cedar Park, Leander and Round Rock.