BCRUA_R-13-01-09-6DRESOLUTION NO. R-13-01-D1-Le fj
WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA)
desires to issue an Incumbency Certificate to and sign a Signature
Card for the Bank of America, N.A. ("The Bank"), and
WHEREAS, the individuals listed on the Incumbency Certificate
and Signature Card are qualified and acting authorized officials of
the BCRDA 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 BCRDA a Certificate of Incumbency to and a
Signature Card for the 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 9th day of January, 2013.
0: \wc!ox\scClnu\0140\ q634.-A\HUNICIPAL\Q0265~62. DOCI nr."
lstop r Fielder, President
Brushy Creek Regional Utility Authority
ATTEST:
BankofAmerica __Deposit Account &Treasury Management Services
Banking Resolution and Certificate of Incumbency•CLIENT INFORMATION
Please select one of the following options:
o New Resolution/Incumbency
1:81 Update Incumbency (Used to Add or Delete individual authorized signers)
[] Supersede Resolution/Incumbency (Rep/aces any and all prior banking resolutions)
ORGANIZATION LEGAL NAME (Must match legal name indicated in company formation documents)
Brushy Creek Regional Utility Authority, Inc.
• This Banking Resolution and Certificate of Incumbency will apply to all accounts the Organization maintains with us.
• The Organization adopts the following Banking Resolution and Certificate of Incumbency (with specimen signatures)"
The undersigned certifies that:
1) Any individual (each an "Authorized Signer") with any of the following Titles
Title: Board President
Title: Board Vice-President
Title: Board Secretary
is authorized, acting alone, (aJ 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, (b) to enter into any and all agreements and transactions contemplated by the provision of treasury management services by the
Bank, including but not limited to Electronic Funds Transter Services, and (c) designate persons to operate each such accounts including closing the
account, and to designate persons to act in the name and on behalf of the Organization/Client with respect to the establishment and operation of treasury
management services.
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 (including
treasury management service agreements, inclUding but not limited to Electronic Funds Transfer Agreements) with the Bank and that the signatures of
such Authorized Signers 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 the signatures of such Designated Account Signers are genuine.
4) the toregoing is a complete, true and correct copy of the banking resolutions adopted by the Board of Directors, the Members or the General Partners,
Commission, Councilor 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 manaaement or Governino Board, Commission or Council.
Incumbency Certificate:
AddlDelete Name Title Signature
Select One Christopher Fielder Board President
Select One Mitch Fuller Board Vice-President
Select One George White Board Secretary
• If you choose to provide your own Banking Resolution and Certificate of Incumbency (with specimen signatures), It must be attached to the signature caret
This Banking Resolution and Certificate of Incumbency must be signed as follows:
" Carparatlans: Secretary ar assistant secretary ot the company must sign.
• Any Partnership type: 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 Campany:
• Member Managed LLC: One ot the members or an officer ot the company must sign. If the member or manager is an organization, show the
name of the member ar manager and include capacity of signer.
• Manager Managed LLC: The manager or managers ar 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 unlncarparated organlzatlans: An officer of the organization who is authorized by the by-laws or operating agreement of the company must sign.
• Government entities, authorities ar 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 (title) of the Organization listed above
Title: Board President
Type or Print Name of Certifying Individual
Christopher Fielder
Name of Company who is General Partner or Member, if applicable (Type or print Name of company including the legal name of any
member, managing member, manager, or general partner who is signing and who is not an individual)
Signature: I I'" "Jj"
-I Date: I
00-35-2654NSBW 08-24-2012 NM1 Page 1 of 1
Bank af America -Canfldentlal C> 2012 Bank of America Corporation
10
~BankofAmerica ~~ Deposit Account Documentation
Merrill Lynch Sianature Card
CLIENT INFORMATION
Select One: I D New Account I 1:8:1 Update (Add/Delete) Signers I D Supersede Existing Signature Card
I ..Account # (If new account, Bank will complete):
ORGANIZATION LEGAL NAME (Must match legal name indicated in company formation documents)
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
DBA NAME or OWNER BUSINESS NAME OF DISREGARDED ENTITY or THIRD PARTY I FUNDS OWNER NAME, if applicable
BCRUA "Std Abbr"
DESCRIPTIVE ACCOUNT TITLE (if applicable, e.g. Operating Account, Rent Account, etc. Cannot be another legal entity name.)
OPERATING ACCOUNT
Address For Statement: I 221 E MAIN ST
City: I ROUND ROCK I State: I TX I Postal Code: I 78664·5271
STATE OF FORMATION (You may be required to provide copies of your company charter or formation documents.): I
TYPE OF BUSINESS (Select One):
D Corporation D Sole Proprietorship
Limited Liability Company:
D Unincorporated Organization or AssociationD Manager Managed D Member Managed D Sole Member
D General Partnership
1:8:1 Joint Venture
D
Limited Liability Partnership 1:8:1 Government Authority/ AQency (Tvoe: )
D
D Other (Tvpe: )
Note: Property management accounts must be accompanied by appropriate owner and agent indemnities and property management account supplement
TAX CLASSIFICATION
Employer Identification Number: 1 4 1 5 1 -I 0
Limited Partnership
5 I 8 1 6 1 9 r 2 Tor 1:8:1 Exempt Payee
Legal name of the owner of the E.I.N listed above: BRUSHY CREEK REGIONAL UTILITY AUTHORITY
Federal Tax Classification: ID Indiv SP DC Corp D S Corp D Partnership D Trust/Estate D Other:
LLC Tax Classification (ONLY for Limited Liability Company): I D C Corp D S Corp D Partnership
AGREEMENT, TAX INFORMATION CERTIFICATION and AUTHORIZATION
You begin or continue a deposit account relationship with us by giving us information about your business and by signing this Agreement. The deposit agreement we
give you is part of your agreement with us regarding use of your account and tells you the current terms governing your account. We may change the deposit
agreement at any time and will inform you of changes that affect your rights and obligations. By signing below, you acknO'Nledge receipt of the deposit agreement.
The deposit agreement inCludes a provision for alternative dispute resolution.
By signing below, you authorize each person who has signed in the Designated Account Signer section below to operate any account opened under this signature
card nO'N or in the future. The authority to operate an account includes: authority to sign checks and other items and to give us other instructions to withdraw funds:
to endorse and deposit checks and other items payable to or belonging to you to the account; and, to transact other administrative business relating to the account,
including closing the account. If you wish to restrict a designated signer's authority to check signing you must indicate that by checking the box to the left of their
name. We may rely on this authorization for any account opened under this signature card until we receive written notice revoking the authorization at the office
where we maintain the account, and we have a reasonable time to act upon such notice.
By signing below, you certify under penalty of perjury that 1) the employer identification number listed above for this organization is correct: 2) that the organization
listed above is a United States person (defined below): and 3) the organization listed above is not subject to backup withholding because: (a) the organization is
exempt from back·up withholding. or (b) has not been notified by the Internal Revenue Service (the IRS) that it is subject to back up withholding as a result of failure
to report all interest or dividends. or (c) the IRS has notified the organization that it is no longer subject to backup withholding [Cross out item 2 above If the
organization listed above Is not a United States person and follow the instructions In the paragraph Immediately below.1 [Cross out Item 3 above if you
have been notified by the IRS that you are currently subject to backup withholding for failure to report Interest or dividends.)
If the organization listed above is a foreign entity use the applicable Form W-8 (for additional information please see IRS Pub 515 Withholding of Tax on Non-
Resident Aliens or Foreign Entities). The term ~United States person" means: a citizen or resident of the United States, a partnership created or organized in the
United Stales or under the law of the United States or of any State, a corporation created or organized in the United States or under the law of the United States or of
anv State, or any estate or trust other than a foreian estale or forelon trust.
By signing below, this organization hereby agrees to be bound to the above Agreement, Tax Information Certification and Authorization.
For CA Public Funds only: Any person signing this Agreement for the Organization certifies that they are duly authorized to do so as evidenced by attached banking
resolution/contract for deoosit of monevs or existina bankina resolutions/contract for deoosit of monevs on file with us.
The IRS does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
Authorized Signer Signature:
(Must match Banking Resolution & Certificate of Incumbency) :
Print Name: I Christopher Fielder I Print Title: I Board President I Date: I
Authorized Signer Signature:
(Must match Banking Resolution & Certificate of Incumbency) :
Print Name: I I Print Title: I I Date: I
DESIGNATED ACCOUNT SIGNERS (use Supplemental Signature page form # OO·35·4504NSBW as needed for additional signers)
Select if signer can
ONLY silln checks
AddlDelete
Sill ner IAiDI Name Title Signature
D A Sam Roberts Interim General Manager
D D Chris Lippe General Manager
D
D
00·35-2653NSBW07-11·2012 RG Page 1 of 1
Bank of America -Confidential (Q 2012 Bank of America Corporation
------------------
~~BankofAmerica V Deposit Account Documentation
Merrill Lynch Signature Card
CLIENT INFORMATION
Select One: I 0 New Account I 1:8:1 Update (Add/Delete) Signers 10 Supersede EXisting Signature Card
Account # (If new account, Bank will complele): I 488020283940
ORGANIZATION LEGAL NAME (Must match legal name indicated in company formation documents)
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
DBA NAME or OWNER BUSINESS NAME OF DISREGARDED ENTITY or THIRD PARTY I FUNDS OWNER NAME, If applicable
BCRUA "Std Abbr"
DESCRIPTIVE ACCOUNT TITLE (if applicable, e.g. Operating Account, Rent Account, etc. Cannot be another legal entity name.)
OPERATING ACCOUNT
Address For Statement: I 221 E MAIN ST
City: I ROUND ROCK I State: I TX I Postal Code: I 78664-5271
STATE OF FORMATION (You may be required 10 provide copies of your company charter or formation documents.): I
TYPE OF BUSINESS (Select One):
o Corporation 0 Sale Proprietorship
limited Liability Company:
0 Unincorporated Organization or Associationo Manager Managed 0 Member Managed o Sale Member o General Partnership 1:8:1 Joint Venture
[J Limited Liability Partnership
1:8:1 Government Authorityl Agency (Type: ) o Limited Partnership o Other (Type: )
Note: Property management accounts must be accompanied by acpropriate owner and agent indemnities and croperty management account supplement.
TAX CLASSIFICATION
1 Employer Identification Number: I 4 15 I -I 0 51816 912101 1:8:1 Exempt Payee
Legal name of the owner of the E.I.N listed above: BRUSHY CREEK REGIONAL UTILITY AUTHORITY
Federal Tax Classification: 10 Indiv SP 0 C Corp 0 S Corp 0 Partnership 0 Trust/Estate 0 Other:
LLC Tax Classification (ONLY for limited liability Company): I 0 C Corp Os Corp o Partnership
AGREEMENT, TAX INFORMATION CERTIFICATION and AUTHORIZATION
You begin or continue a deposit account relationship with us by giving us information about your business and by signing this Agreement The deposit agreement we
give you is part of your agreement with us regarding use ot your account and tells you the current terms governing your account. We may change the deposit
agreement at any time and will inform you of changes that affect your rights and obligations. By signing below, you acknowledge receipt of the deposit agreement.
The deposit agreement includes a provision tor alternative dispute resolution.
By signing beiow, you authorize eacl1 person who has signed in fhe Designafeo Accounf Signer section below to operate any account opened under this signature
card now or in the future. The authority to operate an account inciudes: authority to sign checks and other items and to give us other instructions to withdraw funds:
to endorse and deposit checks and other items payable to or belonging to you to the account; and, to transact other administrative business relating to the account,
inciUding closing the account. If you wish to restrict a designated signers authority to check Signing you must indicate that by checking the box to the len of their
name. We may rely on this authorization for any account opened under this signature card until we receive written notice revoking the authorization at the offIce
where we maintain the account, and we have a reasonable time to act upon such notice.
By signing below, you certify under penaity of pe~ury that 1) the empioyer identification number listed above for this organization is correct; 2) that the organizaUon
listed above is a United States person (defined below): and 3) the organization listed above is not SUbject to backup withholding because: (a) the organization is
exempt from back-Up Withholding, or (b) has not been notified by the Internal Revenue service (the IRS) that it IS subject to back up Withholding as a result of failure
to report all interest or dividends, or (c) the IRS has notified the organization that it is no longer subject to backup withholding. [Cross out item 2 above If the
organization listed above Is not a United Slates pereon and follow the Instructions In the paragraph Immediately below., [Cross oulltem 3 above if you
have been notified by the IRS that you are currently SUbject to backup withholding for failure to report interest or dividends.)
• If the organization listed above is a foreign entity use the applicable Form W-B (for additional information please see IRS Pub 515 Withholding r:I Tax on Non-
Resident Aliens or Foreign Entities). The term MUnited States person w means: a citizen or resident of the United States, a partnership created or organized in the
United States or under the law of the United States or of any State, a corporation created or organized in the United Stales or under the law of the United States or of
any State or any estate or trust other than a foreign estate or foreian trust.
By signing belOYi, this organization hereby agrees to be bound to the above Agreement, Tax Information Certification and Authorization.
For CA Public Funds only: Any person signing this Agreement for the Organization certifies that they are dUly authorized to do so as evidenced by attacl1ed banking
resoluUon/centract for decosit of moneys or existing banking resolutions/centract for deposit of moneys on fiie with us.
The IRS doas not require your consent to any provision of this document other tbalntle ~flclltl(i7lsreqjjl(ed to avoid backup withholding.
Authorized Signer Signature: (./J//~<(Must match Banking Resolution & Certificate of Incumbency) :
Print Name: I Christopher Fieider I Print Title: ..taOw Prej1(fent I Date I I· Cf /:s
Authorized Signer Signature:
(Must match Banking Resolution & Certificate of Incumbency) . //f/?A'
Print Name: I I PrinlTl1W' 1' r I Date I f. 0· I_~
DESIGNATED ACCOUNT SIGNERS (use Supplemental Signature page form # 00-35-4504NSBW as needed for additional signers)
Add/DeleteSelect if signer can TitleName SI~ raturh /\ ,ONLY sign checks Sig ner (AiDI
...e~ AM,! L.f lLA--Interim General ManagerSam RobertsA0
General ManagerChris LippeD0
0
0
00-35-2653Nsew 07-11-2012 RG Pege 1 of 1
Bank of America -Confidential C 2012 Bank of America Corporation
Bankof America __
~~
CLIENT INFORMATION
Please select one of the following options:
D New Resolution/Incumbency
Deposit Account &Treasury Management Services
Banking Resolution and Certificate of Incumbency
t8I Update Incumbency (Used to Add or Delete individual authorized signers)
[] Supersede Resolution/Incumbency (Replaces any and all prior banking resolutions)
ORGANIZATION LEGAL NAME (Must match legal name indicated in company formation documents)
Brushy Creek Regional Utility Authority, Inc.
o This Banking Resolution and Certificate of Incumbency will apply to all accounts the Organization maintains with us.
o The Organization adopts the following Banking Resolution and Certificate of Incumbency (with specimen signatures)'
The undersigned certifies that:
1) Any individual (each an "Authorized Signer") with any of the following Titles
Title: Board President
Title: Board Vice-President
Title: Board Secretary
is authorized, acting alone, (a) to establish accounts from time to time for the Organization at Bank of America, NA (the "Bank"), as well as to operate and
close such accounts, (b) to enter into any and all agreements and transactions contemplated by the provision of treasury management services by the
Bank, including but not limited to Electronic Funds Transfer Services, and (c) designate persons to operate each such accounts including closing the
account, and to designate persons to act in the name and on behalf of the Organization/Client with respect to the establishment and operation of treasury
management seNices.
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 (including
treasury management service agreements, including but not limited to Electronic Funds Transfer Agreements) with the Bank and that the signatures of
such Authorized Signers 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 the signatures of such Designated Account Signers 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 manaQement or Governing Board, Commission or Council.
Incumbency Certificate: /J .... /
AddlDelete Name Title .// /
Select One Christopher Fielder
Select One Mitch Fuller
Board President
Board Vice-President
Select One George White Board Secretary \l~~... \.It ~,
• If you choos. to provide your own Banking Resolution and Cartlneat. of Incumbency (with specimen signatures), It must be .ttaCh~ to the signature card.
This Bankinq Resolution and Certificate of Incumbency must be siqned as follows:
o Corporations: Secretary or assistant secretary of the company must sign.
o Any Partnership type: 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.
o 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.
o 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 (title) of the Organization listed above
Title: Board President
Type or Print Name of Certifying Individual
Christopher Fielder
Name of Company who is General Partner or Member, if applicable (Type or print Name of company including the legal name of any
member, managing ~anag:, or 7al partner who is signing and who is not an individual)
Signature: V/V4,/1' . Date: J. g" J3I
Page 1 of 1
Bank of America -Confidential C 2012 Bank of America Corporation
00-35-2654NS~2012 ~