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RES 2009-1112 - App to NE department of game and parks commision for grant to construct segment of trail at Cunningham Lake p41i A, Parks,Recreation & � RECEIVED Public Property Department eAlL4 MK 9 4 Omaha/Douglas Civic Center 1.4 .Pl W 09 r 1819 Famam Street,Suite 701 yAry. Omaha,Nebraska 68183-0701 _ (402)444-5900 *4TFD FEBO CITY u L E ': ; FAX(402)444-4921 City of Omaha OM ;HA, NEBRASKA Jim Suttle,Mayor Honorable President - and Members of the City Council, The purpose of the attached Resolution is to authorize the City of Omaha to submit an application to the Nebraska Game and Parks Commission for a grant from the Recreation Trail Program. No grant has yet been awarded; however, Council approval is required to allow the Parks and Recreation Department to process a grant application. The proposed project, is the construction of a trail at Cunningham Lake owned by the U.S. Army Corps of Engineers and leased by the City of Omaha. The trail will be a 4550' long segment, 8' wide and 6"deep aggregate trail. Total project costs are estimated to be $168,623.70 and will be paid from the 2006 Parks and Recreation Bond Fund No. 13354. The grant, if awarded, will reimburse the City in the amount of$134,898.96 or 80% of the project cost and be deposited into this fund. The local share, which the City of Omaha is prepared to provide, would be $33,724.74 or 20% of the project cost paid from this same fund. Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, • 9"/r-09 Steve Scarpello, cting Director Date Parks, Recreation and Public Property Department • Approved as to Funding: Referr t ' y Council for Consideration: q-fir-cf, B Not6R/2059 Pam Spaccarotella, Director Date Ma 's f c Da'e Finance Department p:1233dkj whenever they can be reasonably applied, in accordance with the American with Disability Act of 1991; and, WHEREAS, approval of this grant acceptance is in the best interest of the citizens of the City of Omaha; and, By Councilmember Adopted City Clerk Approved Mayor ember " Adopted SEP 2 2 09 .. 6— o M_ /44, -s` .-'• 'ty Clerk// Approv:or _ _ 2 /' Mayor ed $28,000,000: By Councilmember Adopted City Clerk Approved Mayor n's adjusted current earnings (which includes tax-exempt interest) over its alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Series 2009A Bonds and the Refunding Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Series 2009A Bonds and the Refunding Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Series 2009A Bonds and the Refunding Bonds. Assuming compliance by the City with certain covenants, existing laws, regulations, rulings and judicial decisions, the Series 2009B Bonds are "build America bonds" under Section 54AA(d) of the Code and"qualified bonds" under Section 54AA(g) of the Code. Failure of the City to comply with such requirements could result in the Series 2009B Bonds failing to be "build America bonds" under Section 54AA(d) or "qualified bonds" under Section 54AA(g) retroactively to the date of issuance of.the Series 2009B Bonds. 4829-9333-9140.4 D-2 L. v1 N 00 CDvl v1 VD01 d' ,-. co vl '0 v1 vl V) Cr 10 O1 d' d' d' 00 C a) •▪ U ,--, M d•O1 cn M 00 10 on N h h 0 N onM M 10 v1 v1 v1 'D 10 0 - o N '�'-' 001 vfl d' O\ COC N O vhl d' '0 00 V v1 O— VD m 10 If) OO1 Oh co Cr O\ u> co — 00M O O O yU,• 0 o i-. O C ,--, O do vn C n— N V M N M N m d' N d^00 M 00 00 00 N N N y N v, H •y vl cM m v1 ' N O 00 m 0;h v1 N O 00 d• m— O1 ..., ,,-) 00 m h 0QI = 6�9 V7 v1 v1 Vl Vl h �}' d' M M M M M N N N W m d, N 7 C dd O O E U y 0' .. v, all w r~i �c E o CTO N C d 01 O N M d- v1 h 00 01 O N M d• vl 10 h 0O O1 O -. N m a 0. y C1. C E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [Q-1 roil '^ Y cm•1 01 C W N N N N N N N N N N N N N N N N N N N N N N N N N O 'N C' N G0 E. L A 0000 H N N m V 9 DAVIDSON w• COMPANIES, D.A.Davidson & Co. c 1 .. '�' member SIPC �''- .cr C.0 0 •-- J= - i-2 o * Fa > H Preliminary;subject to change :n v v L L 4829-9333-9140.4 c asa CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has constructed a significant trail system that is heavily used; and, WHEREAS, the City of Omaha,Nebraska desires to apply for federal assistance from the Recreation Trails Program (RTP), Administrated by the Nebraska Game and Parks Commission; and, WHEREAS, the City's proposed RTP project, is the construction of a 4550' long segment of an aggregate trail, 8' wide and 6" deep at Cunningham Lake owned by the U.S. Army Corps of Engineers and leased by the City of Omaha; and, WHEREAS, the City currently maintains many miles of recreation trails and has the financial and personal resources to operate and maintain the completed project in a safe and attractive manner; and WHEREAS, the City will not discriminate against any person on the basis of race, color, age, religion, disability, sex or national origin in the use of any property or facility that is acquired or developed pursuant to the project proposal and shall comply with the terms and intend of Title VI of the Civil Rights Act of 1964, and any of the regulations promulgated pursuant to such Act; and, WHEREAS, this Resolution would authorized the Mayor, or his designee, to sign the grant application and any other documents that are necessary to obtain such assistance including any agreements, contracts or other documents that are required by the State or Federal Highway Administration; and, WHEREAS, the City agrees:to comply with all rules and regulations of the Recreational Trail Program, applicable Executive Orders and all state laws that govern the grant application during the performance of the project; and, WHEREAS, the City will comply with the Federal disability access and use standards whenever they can be reasonably applied, in accordance with the American with Disability Act of 1991; and, WHEREAS, approval of this grant acceptance is in the best interest of the citizens of the City of Omaha; and, By Councilmember Adopted City Clerk Approved Mayor City Clerk Approved Mayor ember " Adopted SEP 2 2 09 .. 6— o M_ /44, -s` .-'• 'ty Clerk// Approv:or _ _ 2 /' Mayor ed $28,000,000: By Councilmember Adopted City Clerk Approved Mayor n's adjusted current earnings (which includes tax-exempt interest) over its alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Series 2009A Bonds and the Refunding Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Series 2009A Bonds and the Refunding Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Series 2009A Bonds and the Refunding Bonds. Assuming compliance by the City with certain covenants, existing laws, regulations, rulings and judicial decisions, the Series 2009B Bonds are "build America bonds" under Section 54AA(d) of the Code and"qualified bonds" under Section 54AA(g) of the Code. Failure of the City to comply with such requirements could result in the Series 2009B Bonds failing to be "build America bonds" under Section 54AA(d) or "qualified bonds" under Section 54AA(g) retroactively to the date of issuance of.the Series 2009B Bonds. 4829-9333-9140.4 D-2 L. v1 N 00 CDvl v1 VD01 d' ,-. co vl '0 v1 vl V) Cr 10 O1 d' d' d' 00 C a) •▪ U ,--, M d•O1 cn M 00 10 on N h h 0 N onM M 10 v1 v1 v1 'D 10 0 - o N '�'-' 001 vfl d' O\ COC N O vhl d' '0 00 V v1 O— VD m 10 If) OO1 Oh co Cr O\ u> co — 00M O O O yU,• 0 o i-. O C ,--, O do vn C n— N V M N M N m d' N d^00 M 00 00 00 N N N y N v, H •y vl cM m v1 ' N O 00 m 0;h v1 N O 00 d• m— O1 ..., ,,-) 00 m h 0QI = 6�9 V7 v1 v1 Vl Vl h �}' d' M M M M M N N N W m d, N 7 C dd O O E U y 0' .. v, all w r~i �c E o CTO N C d 01 O N M d- v1 h 00 01 O N M d• vl 10 h 0O O1 O -. N m a 0. y C1. C E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [Q-1 roil '^ Y cm•1 01 C W N N N N N N N N N N N N N N N N N N N N N N N N N O 'N C' N G0 E. L A 0000 H N N m V 9 DAVIDSON w• COMPANIES, D.A.Davidson & Co. c 1 .. '�' member SIPC �''- .cr C.0 0 •-- J= - i-2 o * Fa > H Preliminary;subject to change :n v v L L 4829-9333-9140.4 c-ZsA CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska ' WHEREAS, the Mayor has recommended approval of this grant application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Parks, Recreation and Public Property Department is authorized to submit an application to the Nebraska Department of Game and Parks Commission for a grant from the Recreation Trails Program for the construction of a 4550' long segment of an aggregate trail, 8' wide and 6" deep at Cunningham Lake, 8660 Lake Cunningham Road, Omaha, Nebraska, owned by the U.S. Army Corps of Engineers and leased by the City of Omaha; and, FURTHER THAT, the total cost estimate for this project is $168,623.70, and will be paid from the 2006 Parks and Recreation Bond Fund No. 13354 and the grant, if approved, would provide approximately$134,898.96, and reimburse this fund;.and, FURTHER THAT, the local share would be $33,724.74 to be provided through the City of.Omaha from the 2006 Parks and Recreation Bond Fund No. 13354. APPROVED AS TO FORM: , 6\ 0,0„,.._ ,,,, ,of 6 P , Y CITY ATTORNEY DATE p:1234dkj 444,4444. 047 By Councilmember Adopted SEP 2 92009 w-o Gloried& _ ;a _City.Cle k Approv .49/-09 A`. :.: G Mayot ssistance including any agreements, contracts or other documents that are required by the State or Federal Highway Administration; and, WHEREAS, the City agrees:to comply with all rules and regulations of the Recreational Trail Program, applicable Executive Orders and all state laws that govern the grant application during the performance of the project; and, WHEREAS, the City will comply with the Federal disability access and use standards whenever they can be reasonably applied, in accordance with the American with Disability Act of 1991; and, WHEREAS, approval of this grant acceptance is in the best interest of the citizens of the City of Omaha; and, By Councilmember Adopted City Clerk Approved Mayor City Clerk Approved Mayor ember " Adopted SEP 2 2 09 .. 6— o M_ /44, -s` .-'• 'ty Clerk// Approv:or _ _ 2 /' Mayor ed $28,000,000: By Councilmember Adopted City Clerk Approved Mayor n's adjusted current earnings (which includes tax-exempt interest) over its alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Series 2009A Bonds and the Refunding Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Series 2009A Bonds and the Refunding Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Series 2009A Bonds and the Refunding Bonds. Assuming compliance by the City with certain covenants, existing laws, regulations, rulings and judicial decisions, the Series 2009B Bonds are "build America bonds" under Section 54AA(d) of the Code and"qualified bonds" under Section 54AA(g) of the Code. Failure of the City to comply with such requirements could result in the Series 2009B Bonds failing to be "build America bonds" under Section 54AA(d) or "qualified bonds" under Section 54AA(g) retroactively to the date of issuance of.the Series 2009B Bonds. 4829-9333-9140.4 D-2 L. v1 N 00 CDvl v1 VD01 d' ,-. co vl '0 v1 vl V) Cr 10 O1 d' d' d' 00 C a) •▪ U ,--, M d•O1 cn M 00 10 on N h h 0 N onM M 10 v1 v1 v1 'D 10 0 - o N '�'-' 001 vfl d' O\ COC N O vhl d' '0 00 V v1 O— VD m 10 If) OO1 Oh co Cr O\ u> co — 00M O O O yU,• 0 o i-. O C ,--, O do vn C n— N V M N M N m d' N d^00 M 00 00 00 N N N y N v, H •y vl cM m v1 ' N O 00 m 0;h v1 N O 00 d• m— O1 ..., ,,-) 00 m h 0QI = 6�9 V7 v1 v1 Vl Vl h �}' d' M M M M M N N N W m d, N 7 C dd O O E U y 0' .. v, all w r~i �c E o CTO N C d 01 O N M d- v1 h 00 01 O N M d• vl 10 h 0O O1 O -. N m a 0. y C1. C E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [Q-1 roil '^ Y cm•1 01 C W N N N N N N N N N N N N N N N N N N N N N N N N N O 'N C' N G0 E. 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