BCRUA_R-13-01-09-6CRESOLUTION NO. R-13-0(-01-lPL
WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA)
desires to approve the Bank of America Evidence of Trading
Authority, and
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 the Evidence of Trading Authority
wi th the Bank of America, 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 9th day of J:
C
Brushy Creek Regional Utility Authority
ATTEST:
Boa~~~
lstop r Fielder, President
0: \wdox\SCClnts\0140\ i634-A\KUIHCIPAL\00265464. DOC! rille
EVIDENCE OF TRADING AUTHORITY
409116Account Numher(s)'
I. AUTHORITY TO TRANSACT
(a) (lnsertClientNameandAddressjBrushy Creek Regional Utility Authority,221 E. Main
St., Round Rock, TX 78664 (the "Entity") is hereby authorized and permitted by its own
organizational and governing documents, internal rules, procedures, and investment policies, if applicable, as
well as any applicable federal or state laws, regulations, statutes or constitution(s) (collectively, "Trading
Authority"), to establish and maintain one or more accounts (each, an "Account") with Bane of America
Securities LLC ("BAS"), Bank of America, N.A. ("BANA") and/or any affiliate thereof (together, "BANA
Entities"), for the purpose of purchasing, selling, borrowing, lending, otherwise acquiring and disposing of
(including in repurchase, reverse repurchase, dollar roll, forward or when-issued transactions) and generally
transacting in and with (including in secured loans and, if a margin account is established, in margin
transactions and short sales) securities and instruments of every kind, including, without limitation, listed and
over-the-counter put and call options (both covered and uncovered), spreads, straddles, combinations,
commercial paper, certificates of deposit, bankers acceptances, master notes, any kind of derivative (including,
without limitation, equity, interest rate, currency, total return, credit default and swap transactions, security-
based swap agreements, contracts for difference, or any other similar agreements), foreign currency, whole loan
mortgages, any and all interests and participations in mortgage loans, other financial instruments similar to any
ofthe foregoing (each, an "Instrument," and any transactions entered into in respect any Instrument, an
"Activity").
(b) Each officer, director, general partner, manager, employee, agent (including any investment manager),
trustee and attorney-fact of the Entity, having actual or apparent authority to act, including, without limitation,
each specifically named person identified below, their delegees and successors (each, an "Authorized Person")
is authorized to engage in the Activities on behalfofthe Entity and to bind the Entity, and each BANA Entity
may deal with each Authorized Person as though it was dealing with the Entity directly.
x
Name (Print)
Robert Powers
Title (or Capacity)
Interim Investment fficer
:i7ture~~)
Name (Print)
Howard Herring
Name (Print)
Linda Patterson
Name(prinJlJ:ST/~ G6.rd
Patterson
x
Patterson Title (or Capacity) n
ssoc. 11lVt''::ITrnU\T ADV·I'~orraJle.rso#.J t
? I ~ign~~.,(n req~l~ .
Assoc.
SSOC.
The person(sj listed above not also be same person that executes..Jhe-(;t!f1ijication in Section Il of this document. Please
supply the names, titles and signatures ofany additional authorized persons on a separate annex hereto.
v6 12/23/05
II. CERTIFICATION
The undersigned hereby certifies that:
(a) Each of the Entity, and each Authorized Person, possesses the authority under the organizational and
governing documents of the Entity to: (1) give instructions (whether in written, electronic, oral or other form)
to the BANA Entities with respect to each Account and any Activity and to receive (whether in written,
electronic or oral form) confirmations, instructions, statements of account, notices, demands and other
documents, relating to each Account and any Activity; (2) bind the Entity to any Activity, contract or
arrangement entered into with or through any BANA Entity; (3) pay to any BANA Entity such sums as may
be necessary in connection with each Account and any Activity; (4) deposit instruments, funds and other
property of the Entity with any BANA Entity and to grant security interests therein; (5) order the receipt,
transfer or delivery of any Instrument, funds or other property of the Entity (whether free or versus payment,
or transaction or non-transaction related) and to order the transfer of record ownership of any Instrument or
other property of the Entity; (6) appoint any other person to do any and all things which any Authorized
Person is hereby empowered to do; and (7) do and take all action in connection with each Account and
Activity that is deemed necessary or desirable with respect thereto by any Authorized Person. The authority
of each Authorized Person, his or her delegees, and his or her successors shall continue until an officer of
BAS or BANA, as applicable, shall receive from the person(s) executing this Certification or other
Authorized Person(s), and have a reasonable time to act on, a written notice of the revocation thereof, and the
Entity shall be responsible for all transactions entered into prior to effectiveness of such notice.
(b) (1) The Entity is duly organized and existing; (2) this Certification conforms with the Trading
Authority of the Entity and is within the lawful powers of the Entity; (3) no limitation has been imposed on
such lawful powers by the constituent documents of the Entity, by applicable law or otherwise; and (4) the
undersigned is authorized to certify to the specimen signatures of the Authorized Persons.
(c) The BANA Entities may assume that, with respect to the execution of each Activity: (1) the Entity
has consulted with its own legal, regulatory, tax, business, investment, financial and accounting advisers to
the extent it has deemed necessary in determining the appropriateness of the Activity; (2) the Activity
complies with the Trading Authority; and (3) each individual that contacts us in the Entity's name is who
s/he claims to be and has undertaken the proper procedures to bind the Entity in connection with the
execution of the Activity.
(d) All actions previously taken by any Authorized Person related to the matters set forth in or
reasonably contemplated by the foregoing statements are hereby ratified and certified to be, in all respects,
the acts and deeds of the Entity. Each BANA Entity, its successors and assigns and each of its respective
directors, officers, agents and employees (each, a "Released Party") is hereby released and forever
discharged from any and all liabilities, costs, damages and expenses (including reasonable attorneys' fees)
incurred by any Released Party in connection with its reliance on this Certification.
The foregoing shall apply to the following named/numbered accounts:
Brushy Creek Regional Utility Authority safekeeping account #409116
Fielder
This document should be executed by a person who possesses authority to execute it and to witness that the Authorized Individuals
listed in Section I(b) above have proper authority to act on behalf of the Entity. The person who executes this page should not also
appear on the list of Authorized Individuals in Section I(b) above.
v6 12/23/05