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Notes are not "private activity bonds" as defined in the Code. Under the <br />Code, the interest may be subject to alternative minimum, environmental, <br />and branch profits taxes imposed on certain corporations, and to a tax <br />~..~e~ on e~ce~s ne% passive income of certain S corporations. For a <br />more complete discussion of tax aspects, see the enclosed Preliminary <br />Official Statement. <br /> <br />The Notes are to be issued in anticipation of bonds for the purpose of <br />paying the costs of reconstructing and repairing sidewalks, reconstructing <br />sanitary and storm sewer lines, improving swimming pool facilities at <br />Foster Pool, making improvements to the City's sewage treatment and <br />disposal works and ancillary system and purchasing motorized equipment. <br /> <br />The Notes, unless paid from other sources and subject to the provisions <br />of federal bankruptcy law and other laws affecting creditors' rights, are <br />to be paid from the proceeds of the levy of ad valorem taxes on all <br />property subject to ad valorem taxes levied by the City, which taxes are <br />within the ten-mill limitation imposed by law. <br /> <br />The Notes will be prepared in typewritten or xerographically reproduced <br />form at the expense of the City. If the original purchaser requests <br />printed Notes, the original purchaser must pay the expense of printing. <br /> <br />Delivery will be made without charge at such place in the State of Ohio <br />as the original purchaser shall designate, provided that other mutual <br />satisfactory arrangements for delivery outside the State of Ohio at the <br />expense of the original purchaser may be made. It is anticipated that <br />delivery will be made approximately on August 24, 1990. The original pur- <br />chaser must pay for the Notes on the date of delivery in Federal Reserve <br />Funds of the United States of America. <br /> <br />If the original purchaser has purchased the Notes for reoffering to the <br />public, the original purchaser will be required to provide to the City, <br />prior to the delivery of the Notes, the initial offering price of each <br />maturity of the Notes to the public (excluding bondhouses, brokers and <br />other intermediaries), which prices shall be expressed as a dollar amount <br />(the "initial offering prices"). Regardless of whether the original <br />purchaser has purchased the Notes for reoffering or for holding for its <br />account, the original purchaser will be required to provide to the City, <br />prior to the delivery of the Notes, the yield on the Notes, being that <br />yield which, when used in computing present value of all payments of <br />principal and interest to be paid on the Notes, produces an amount equal <br />to the issue price of the Notes, the "issue price" being ~a) the aggregate <br />of the initial offering prices plus accrued interest, if any, or (b) if <br />the Notes are purchased by the original purchaser for holding for its <br />account, the price paid to the City by the original purchaser, including <br />any accrued interest. The original purchaser will also be required to <br />execute a certificate prepared by Bond Counsel and dated the closing date <br />(a) setting forth the issue price, (b) stating that (1) 10% or more in par <br />amount of each maturity of the Notes was sold to the public at or below <br />the initial offering prices or (2) the Notes were purchased by the <br />original purchaser for holding for its account, as the case may be, and <br />(c) certifying that the yield supplied to the City is that yield which, <br />when used in computing the present value of all payments of principal and <br />interest on the Notes, produces an amount equal to the issue price. <br /> <br />In the event that, prior to their delivery, the interest on the Notes <br />should by any act of Congress or otherwise become subject to federal <br />income tax, or any act of Congress should provide that the interest income <br />on the Notes shall be taxable at a future date for federal income tax <br />purposes, whether directly or indirectly, the original purchaser may <br />refuse to accept delivery. The City will furnish the transcript of <br />proceedings and a certificate that to the knowledge of the signers no <br />litigation or administrative action or proceeding is pending or threa- <br />tened at the time of initial delivery to restrain or enjoin, or seeking <br />to restrain or enjoin, the issuance and delivery of the Notes, or the levy <br />and collection of the taxes for their payment, or to contest or question <br /> <br />-2- <br /> <br /> <br />