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RES 2009-0424 - Class C liq lic to Espana Restaurant C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA: . THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as amended, after a hearing held within 45 days after receiving notice'and a copy of the license application and upon due consideration of all standards and criteria provided by law,this Council hereby recommends that the following application for a Class "I" Liquor License be granted. Mero Mero Company, dba"Espana Restaurant", 6064 Maple Street. That, the cost of publication of notice of the hearing was $26.00. May 5, 2009 - Resolution No. 424 — Application read. Amendment. Carried 7-0 Motion to adopt as amended. Carried 7-0. iledice064"%aw By . .... ..... .. .. Councilmember Adopted co... .itYl:.Y.c c c MAY ® 5 2009 —0 i.4 City Clerls/y�Q Approve -C /d/ Mayor I Councilmember / • ! Y,°F, ,sX / 4lite eV/ Adopted aii4,/iie 1/—' 1 --,,, _•,-;. tY Ci ClerW*', Mayor TY OF OMAHA: THAT the Preliminary Official Statement pertaining to ,the issuance and sale of the Bonds in Exhibit A attached hereto and by this reference made a part hereof as fully as if set forth herein is hereby approved in substantially the form attached hereto, and is hereby deemed final as of its date, within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (except for certain omissions permitted by, said Rule 15c2-12), and the distribution of the Preliminary Official Statement by the prospective underwriters of the Bonds is hereby approved. APPROVE A TO O CITY TTO By ,, ,f ` • ` Councilmember Adopted 7 A',' ..2'8 2009 •1 0 City Clerk/AI/4y Approve d°111116d . Mayor n of the City and is not subject to annual renewal. (9) The obligations of the parties and the enforceability of the provisions contained in the Agreement, the Indenture and the Lease relating to the parties may be subject to general principles of equity which permit the exercise of judicial discretion and are subject to bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or affecting creditors' rights generally. It is also our opinion that, assuming compliance by the Corporation with the covenant referred to in the fourth paragraph of this letter, the interest on the Bonds is excluded from gross income for federal income tax purposes and is not a special preference item or included in adjusted current earnings for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. The accrual or receipt of interest on the 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 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 or 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 4837-7781-3507.3 Omaha Lease Purchase 08 D-3 aordinary transfers out,if any,is used as the initial credit to the General Fund Budget for the second year following the year in which the excess has arisen. I 4837-7781-3507.3 Omaha Lease Purchase 08 B-2 4837-7781-3507.3 Omaha Lease Purchase 08 14 Payment of principal of, premium, if any, and interest on the Bonds to Cede& Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Trustee or the Corporation, disbursement of such 4837-7781-3507.3 Omaha Lease Purchase 08 8 at DTC against payment therefor. ON COMMANIES D.A.D Davidson & Co. COMPA member SIPC Dated: May_,2009 Preliminary;subject to change. 4837-7781-3507.3 Omaha Lease Purchase 08 ISO 11094) 12V outlet and road light kit. • •Non.CE Non CAPACITIES WARRANTY Two-year limited warranty Fuel 19 gallons(72 L) PRODUCTIVITY GM4000-D GM4100-D Hydraulic 8 gallons(30.3 L) Engine 011 10 qt.(9.5 L) Maximum Mow Rate 10.6 acres/hr(4.3 ha/hr)' 10.9 acres/1w(4.4 ha/hr)" Coolant 13 qt.(12.3 L) Typical Mow Rate 7.9 acres/hr(3.2 ha/hr)t 7.4 acres/hr(3.0 ha/hr)t Mowing Speed FWD 0-8 mph(12.4 km/h) FWD 0.8.8 mph(14.2 km/h) STEERING REV 0-6 mph(6.4 km/h) REV 0.4.8 mph(7.7 km/h) Transport Speed FWD 0.15 mph(24.2 km/h) FWD 0-I5 mph(24.2 km/h) Uncut Circle 0 in.diameter REV 0-9 mph(14.4 km/h) REV 0-9 mph(14.4 km/h) Turning Radius 60 In.(218 cm) -8 mph.no overlap or stops -8.8 mph.no overlap or slops f 6 mph,no overlap or slops FUEL ECONOMY GM4000-D GM4100-D Acres Per Gallon' 5.0 4.7 1 Mowing Range 12.1 hours 12.1 hours ©2008 The Toro Company Fuel Consumption•• 1.57 Gal/Hr(5.95 L/Hr) 1.57 Gal/Hr(5.95 L/He) 8111 Lyndale Ave.S. *Typical Mow Rate/Gallons Per Hour Bloomington,MN 55420-1196 "Dependent on operator and tud con6tlona Printed in the U.S.A. Specifications subject to change.Please contact yaw Toro distributor for details. O 0 0 1 0 7 c °. R.3 a ° O. 8 (17 c� cri ° ~ N 0- ,-,• 'N) \ 1 aU 0 coU •° . 0 73 g �' P a s o ° \\I FL ( 0 N "' co cD .4 C) CD 1-41 i-f, ,--. CD ti ti to CD CD v) 0 `c a CD ry A-. l 1 f [To be signed and delivered at � Closing by Kutak Rock LLP] , 4837-7781-3507.3 Omaha Lease Purchase 08 D-4 ha Lease Purchase 08 • X . 3. Joseph McQuillan WALENTINE Nebraska Office Richard C. Gordon Michael F. Kivetts O ' T O O L E 11240 Davenport Street Betty L. Egan • PO Box 540125 • Mark A.Weber McQUILLAN Omaha, NE 68154 Jon J. Puk• Phone: (402) 330-6300 • Craig A. Knickrehm' & G O RD O N Fax: (402) 330-6303 Joel M. Carney* Andrew J. Wilson' . Iowa Office • Thomas R. Ostdlek Attorneys at L a w Camille R. Hawk' 535 West Broadway, Suite 100 J. Bemis,Jr. Council Bluffs, IA 51503 James J Kylie A.Wolf Phone: (712) 388-2244 y Fax: (402) 330-6303 Kelli Anne Francis* Richard L. Walentine, Of Counsel www.womglaw.com " (also admitted in Iowa) Richard E. O'Toole,Retired Please direct replies la the Nebraska office. April 13,2009 ca VIA EMAIL cjohnson3@ci.omaha.ne.usr ill Carmen Johnsonrn City of Omaha Clerks Office -. + , ° RE: Mero Mero Company Liquor License Application W ' " CA) ra Dear Ms.Johnson: As we discussed,Mero Mero Company has decided to apply for the Class I Liquor License rather-than Class C,as was indicated on their application. Accordingly,please amend the application so that Mero Mero Company is applying for a Class I liquor license. Carlos Mendez's home address is 6035 N 167t Ct, Omaha,NE 68116. It is my understanding that you will schedule the hearing for May 5,2009. Because the license will not be issued prior to April 30,2009,the current license holder will be filing a renewal of the existing license. Thank you for your assistance in this matter. Please feel free to call me if you have any further questions. • Very truly yours, Chu THOMAS R. OSTDIEK For the firm • :TRO Cc: Robert Pelshaw. • r; � 8 � an P r� 0 � � - R - r . No atri �• -as . -. I\ '• U !: !ilrD QV i