Resolution No 35-2023 - Appointment of RCO Nancy Clay for EPA 2

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RESOLUTION NO. 35-2023 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE APPOINTMENT OF A RESPONSIBLE CORPORATE OFFICER FOR THE REGULATORY PURPOSE OF REPORTING ACTIVITY RELATED TO RENEWABLE FUEL STANDARD PROGRAM OPERATED BY THE SOUTH BEND WASTEWATER UTILITY The undersigned, being all of the members of the Board of Public Works (“BPW”) for the City of South Bend, Indiana (the “City”), by this written consent (this ‘Written Consent”) in accordance with the broad powers authorized under Indiana Code §36-9-2-1 et. al, hereby adopt the following resolution. Appointment of ‘Responsible Corporate Officer’ for Regulatory Purposes WHEREAS, due to the nature of the activities of the City, the City is required, through a Responsible Corporate Officer (“RCO”), to make certain submissions and certifications to the United States Environmental Protection Agency (the “EPA”) pursuant to its Renewable Fuel Standard Program; WHEREAS, the BPW deems it advisable and in the best interests of the City to designate Nancy Clay as the RCO for the City for such regulatory purposes (such appointment, the “RCO Appointment”); and NOW THEREFORE, IT IS HEREBY RESOLVED, that Nancy Clay be, and hereby is, appointed, authorized, and designated in all respects to be the RCO for the City with effect from the Effective Date (as defined below); FURTHER RESOLVED, that the RCO is hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any documents as required or contemplated by the foregoing resolution in accordance with the terms set forth in the foregoing resolution. FURTHER RESOLVED, that the RCO is, authorized, in the name and on behalf of the City, to prepare, execute, deliver and file such certificates, documents, instruments and other papers and to do or cause to be done all such acts and things as the managers, officers, or any of them, may deem necessary or appropriate to effect fully the intents and purposes of any and all of these resolutions; and it is FURTHER RESOLVED, that all acts and things previously done and performed or caused to be done and performed by the RCO, in the name and on behalf of the City prior to the Effective Date of this Written Consent, in connection with the actions and transactions contemplated by the foregoing resolutions be, and they hereby are, ratified, confirmed and approved in all respects. IN WITNESS WHEREOF, the undersigned have each executed this Written Consent and this Written Consent shall be effective as of the last signature date set forth below (the “Effective Date”). ADOPTED this 25th day of July, 2023. July 25, 2023