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BCRUA_R-09-07-08-8C RESOLUTION NO. R-09- 0 7 C'" WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA) desires to issue an Incumbency Certificate to The Bank of New York Mellon Trust Company, N.A. ("The Bank") , and WHEREAS, the individuals listed on the Incumbency Certificate are qualified and acting authorized officials of the BCRUA and have the authority to execute documents to be delivered to, or upon the request of The Bank, 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 an Incumbency Certificate with The Bank of New York Mellon Trust Company, 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 8th day of July, 2009 . C.\Documents and Settings\madame_CORR\Local Seccing9\Temporary Internet Pilea\OLKICD\Ree BCRUA - Incumbency Certificate - Auchoriaed c0 sign (00165321) I)OC/rmc MITCJ FULLER, President Brus gional Utility Authority A TES B rd Secretary I *b BRUSHY CREEK wb REGIONAL UTILITY AUTHORITY A Partnership of Cedar Park , Leander, and Round Rock INCUMBENCY CERTIFICATE The undersigned, being a duly appointed and authorized officer of Brushy Creek Regional Utility Authority (the "Issuer"), does hereby certify that the individuals listed below are qualified and acting authorized officials of the Issuer as set forth in the column opposite their respective names and the signatures appearing opposite each name is a true specimen of the genuine signature of such official and such individuals have the authority to execute documents to be delivered to, or upon the request of The Bank of New York Mellon Trust Company,N.A. Name Title Signature Chris Lippe General Manager tz,4 A/2-Z Mitch Fuller President George White Vice-President John D. Cowman Secretary/Treasurer IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Certificate as of the day of , 2009. Name: Mitc uller Title: President DATE: July b, 2009 SUBJECT: BCRUA Board Meeting—July 8, 2009 ITEM: 8C. Consider a resolution authorizing the President to execute an Incumbency Certificate for the Bank of New York Mellon Trust Company, N.A. City Liaison: Cindy Demers,Assistant City Manager City of Round Rock Justification: This certificate is to identify which officials of the BCRUA are authorized to provide instructions to the Bank of New York Mellon for withdrawals from the Escrow accounts to the Construction accounts once the TWDB provides Bank of New York Mellon the authorization to release funds. Funding: N/A Outside Resources: Bank of New York