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BCRUA_R-18-08-15-5D RESOLUTION NO. R-18-08-15-51) WHEREAS, the Brushy Creek Regional Utility Authority, Inc. (BCRUA) desires to enter into a Declaration for Deposit Accounts and Treasury Management Services with Comerica Bank, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board Secretary is hereby authorized and directed to execute on behalf of the BCRUA a Declaration for Deposit Accounts and Treasury Management Services form for Comerica Bank, 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 15th day of August, 2018. C-4DeREA NAVA R E, President Brushy Creek Regional Utility Authority ATTEST:��w vrcl— RElVE F LORES, Sec ary Z 11CRUA.Roand I'acketsJ'acket Documents-2018108 15 2018 5D lies IICNUA •DCOMILOn fur Deposit Accounts end Trusury Management Si:wiccs for Compica(00407194sA08Fe)doe i Declaration for Deposit Accounts and Treasury Management Services RANK USE ONLY- Brushy Creek Regional Utility Authority PLACE IC IN'APPROMATEBOX BELOW 221 E. Main Street [33.Add this document.kjn ALL predaus Declarations Q2.Add this document.replace ALL previous Decfaratipns Round Rock, TX 78664 t3 L AM this dmuenrnt.re act the foliowinE Declarations: r IDs lint IDA IDs IW Oa IL 11 Boa 7 checked.natant last A digits of doc 10 nu"sts Declaration Illlllfllllllllilll®I®1 t, This declaration applies to(check only one): n a : Only the following Account Number(s): b ALL Accounts opened on or after the date this declaration is given to Comerica Bank except for now Accounts that this entity ("Customer")provides Comerica Bank a different Declaration specifically for the new Account to be opened. c 0 JAII Accounts In existence (this Declaration replaces prior Declarations) and opened in the future from the date Declaration is given to Comerica Bank except for new Accounts that this entity provides Comerica Bank a different Declaration specifically for e new Account to be o ened. This declaration supersedes all prior Declarations,Resolutions,Authorizations and the like for the Accounts designated above. 2. Comerica Bank is designated as a depository bank and treasury management service provider. 3. Unless their authority Is limited,the persons or titles listed below are Individually authorized to do the following for and on behalf of the above named Customer:(a)enter and execute the Business Deposit Account Signature Document or any other Comerica acceptable signature card; (b) designate Authorized Signers on a Business Deposit Account Signature Card or any other Comerica acceptable signature card which means that such Authorized Signers can: (i)execute any agreements obdocuments for the use of any transfer service a d/or non-transfer service offered through telephone, IVR, Comerica Web Banking or Comerica Web Banking for Small Business on behalf of and for the Customer, (iii) execute any agreements or documents for the use of any ATM or debit card on behalf of and for the Customer; and (iii) issue payment orders and/or funds transfers as set forth in the Comerica Business and Personal Deposit Account Contract,which Include, but are not limited to, In person wires at a banking center and telephone Internal funds transfers to or from an account of the Customer, (c)conduct all types of banking transactions available for the accounts that Is allowed for Authorized Si11he niers under this Declaration, applicable signature card and the Comerica Business and Personal Deposit Account Contract; and dexecute contractslagreements for financial services, including, but not limited to, treasury management agreements. However, f box"Conduct Account Transactions Only" Is chocked next to the name or title of the person, then such person can only act In the capacity of an Authorized Signer,which includes doing the actions In(b)of this Paragraph 3. CHECK AS APPLICABLE: CHECK AS APPLICABLE: LIMITED AUTHORITY LIMITED AUTHORITY Enter OR Conduct Account Enter OR Conduct Accoun Contracts 'transactions Contracts Transactions NAME OR TITLE only Only NAME OR TITLE Only Only General Manager OT EL Finance Director Finance Director cv� EL a O Finance Director (g' Qr O a (Attach additional pages If more than 6 authorized signers) Q. Customers will duly certify as Comerica Bank may require,the names and/or signatures of Authorized Signers and Contract Signers,if Comerica Bank requires new Signature Documents because of changes to Authorized Signers, Customers shall provide new Signature Documents. Customer indemnifies and holds Comerica Bank harmless from all loss and costs Incurred as a result of Its reliance on Signature Card Documents and certification of signatures and titles provided by Customer to Comerica Bank. 5. Customer agrees to be bound by the terms of the Comerica Bank Business and Personal Deposit Account Contract and Treasury Management contracts.All funds In the Customer's Account with Bank may be paid out,transferred or withdrawn when requested by any Authorized Signer whether creating an overdraft or not, without inquiry as to the circumstance of issue or dfspositfon of the proceeds thereof,whether drawn to the Individual order,or tendered In payment of Individual obligations,or deposited or transferred to the personal accounts of any Authorized Signer/Aulhorized Representative. 6. This Declaration and the representations contained herein shall continue in force and effect until written notice of their amendment or cessation is received by Bank. Such notice shall not become effective until Bank has had reasonable time (not less than one business day) to act upon the notice. All agreements or documents previously executed and acts previously done to carry out the purposes of this Declaration are ratified,confirmed and approved as the acts of Customer and will be binding upon the customer. FOR BANK USE ONLY Date Received by Bank Received by eater Initials): Received by 13C# F7 ( A 8 Rev 08.25.2017 1 COMPLETE APPROPRIATE CERTIFICATE SECTION FOR YOUR ENTITY TYPE Cor oral IncorAssociation I certify that the above named Corporation/Association("Customer")is: duly organized and existing under the laws of the STATE OF(check onep):Q Cg QFL)( MI) [�TX)t OTHER)_ • that the Declaration above is the result of either.a the resoiutlon s ada le at a m�etin ofFlthha CusTTomor's HHoard o rectors. at which a quorum was present and voted;or b)actions taken by the Customer's Board of Diredors by unanimous consent In lieu of a meeting In accordance of the Customer's By--Laws. • that the persons or titles stated above have been duly appointed to the tasks designated. This resolution: (1) does not contravene any provisions of the charter or by-laws of the Customer, (2) has been recorded in the minute book,and (3) is now In full force. In Witness Whereof, I have hereunto affixed my name as Secretary/Assistant Secretary and have caused the corporate seal.If any,to be affixed this (Date) Secretary/Assistant Secretary ❑ Check this box If the Secretary/Assistant Secretary Is the sole officer/shareholder. (this signature is always required) Lhn1ted-LIabIIILY-Q=vany Affirmation Certificate a LEm�ed LiaMty C,mQany naWed ab ve("Custojer")Is organized under the laws of the STATE.OF(check one): CFL MI X OTHER , This affirmation Is effective as of (Date) and remains in offect until written notice revoking It Is received by Bank. The management of the Customer is vested In the undersigned(check one): OMember(s) OR O Manager(s)-(ALL Members or Managers Must Sign Below) • The undersigned represent and agree that this Declaration complies with the articles o€organization and any and all operating egrooments which are now In existence for the Customer,and • that any one or more of the undersigned persons is authorized to manage the Customer and is authorized to execute the Declaration on behalf of the Customer. Signature" Members or Managers Only) Title Record Member or Manager Only) Dale MMIDDIYYYY *Authorized Signers do not need to sign above,only the Members or Managers must sign. Aartngrs hips And Joint Venture Affirmatign Certificate The Partnership named above("Customer")is organized and existing under the laws of the STATE OF(check one): 0AZJDCAC(FL)(DMI)0TX)(DOTHER)_. ThIs affirmation is effective as of (Date) and remains in effect until written notice revoking it is received by Bank The Customer named in this document Is a(check one): ®General Partnership Limited Liability Partnership Limited Partnership ® Joint Venture " The undersigned are all of its General Partners,and • the undersigned represent and agree that this Declaration complies with all agreements which are now In existonce botwoon the partners. Unless otherwise noted In the Partnership Agreement ALL of the General Partners MUST slgn below. I Signature Title Date MMIDDIYYYY I1IIM111IIfIAI11101110 COMPLETE APPROPRIATE CERTIFICATE SECTION FOR YOUR ENTITY TYPE RMCMn M-unidualft I Public Body I hereby certify to Bank that I am the(check one): Secretary/Asslstant Secretary Clerk Board MemberlExecutive w Other Trustee Administrator Manager Treasurer Director Chairman of the Munlcipall /Public Body named above("Customer' which is duly organized and existing under the laws of the STATE OF (check one): 0AZ)0CA)(FL)0MI)CXTX)UOTHER)� " that the Declaration above is a true and correct copy of the minutes duly adopted at a meeting of the(e.g.CilylTownship Counsel, Hoard of Trustees,Operating Committee),at which time a quorum was present and voted " that the persons named above have bean duly elected/appointed to the office set opposite their respective name(s)and that they f continue to hold these offices at the present time " and that the Resolution: 1.does not contravene any provisions of the charter or by-laws of the Customer 2.has been recorded in the minute book of the Customer and 3.Is now In full force. In Witness Whereof, I have hereunto affixed my name as rd r—cS caused the corporate seal,If any,to be affixed this (write In title checked above)and have (Date) Signature: (thi signature Is always fired) ❑ Check this box if the person who signed above IS the only Authorized Signer If the box IS checked then any other elected official of the Municipality/Publlc Body(other than the person that signed above) signs below and certifies: "As an elected official of said Municipality/Public Body I hereby certify that the foregoing is a copy of the Resolutions or minutes adopted as set forth above and that the same are now in full force and do not confllct with any by-laws or charter of the Customer." Signature of Elected Olficlal other than the person that signed above (Required ONLY if the person IS the only Authorized Signer) Title of Elected Official Date DATE: August 10,2018 SUBJECT: BCRUA Board Meeting—August 15,2018 ITEM: 5D. Consider a resolution authorizing the Board Secretary to execute a Declaration for Deposit Accounts and Treasury Management Services and Business Deposit Account Signature Document for Comerica Bank. PRESENTER: Karen Bondy,General Manager BCRUA accounts that require signatures due to the Hiring of a new general manager.