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13 of 1961 - Authorizing and directing the issuance and sale of $14,000,00 of Special Improvement Bonds for Curb ROLL CALL Salt Lake City,Utah, March 9 ,196 1 VOTING Aye Nay I move that the Ordinance be passed. Christensen . . Harrison . . . t Piercey . . . e w�> Romney . . r AN ORDINANCE Mr. Chairman . T Resuh . . . AN ORDINANCE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF IMPROVEMENT BONDS OF SALT LAKE CITY, UTAH, CURB AND GUTTER DISTRICT NO. 322; TO FINANCE THE COST OF IMPROVEMENTS MADE IN SAID DISTRICT, PROVIDING FOR THE AMOUNT AND THE EXECUTION AND FORM OF SAID BONDS; FINDING AND DECLARING AN EMERGENCY THAT THIS ORDINANCE BECOME EFFECTIVE IMMEDIATELY AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION. WHEREAS, the Board of Commissioners of Salt Lake City, Utah, has heretofore adopted proceedings for the construction of improvements in Curb and Gutter District No. 322, and the Ordinance of said City confirming the assessment roll for such improvements having been duly adopted and approved on the 2rd day of Degtn¢,er , 1969_, and WHEREAS, notice of assessments to property owners in said District has been published in accordance with the requirements of the laws of the State of Utah and the ordinances of said City, and notice of assessment has been mailed by the City Treasurer to all the owners of all property assessed in said District, and WHEREAS, the total cost of the project was $ 32,241.62 of which the City's portion was $ 15,104.04 , leaving an amount of $ 17,137.58 as the remaining front foot cost, of which the City's portion against property owned by it is $ None , the balance of the front foot cost, after deleting the City's portion, being assessed against the abutting property owners in the amount of $ 17,137.58 ; that during the fifteen day period following the effective date of the ordinance levying the assessment, the owners of private property in said District have paid $ 3,995.07 on the principal of their assessments, and WHEREAS, it is the opinion of the Board of Commissioners that Special Improvement Bonds of said City shall be issued and sold for the purpose of paying for the improvements in said Curb and Gutter District No, 322 for Salt Lake City, Utah. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS 13 OF SALT LAKE CITY, UTAH: Section 1 . There shall be issued $14,000 Salt Lake City, Utah, Special Improvement Bonds of Curb and Gutter District No. 322, said bonds to bear date of the 23rd day of December, 1961, said bonds to mature with- out option of prior payment to bear interest, numbered, and In the denominations as follows: Bond Numbers Interest Rate Amount Year (All Inclusive) (Per Annum) Denomination Maturing. Maturing. i 5.00% $1 ,000 $1,000 2-23-61 2-5 5.00 100 400 2-23-61 6 5.00 1 ,000 1 ,000 2-23-62 7-10 5.00 100 400 2-23-62 11 5.00 1 ,000 1 ,000 2-23-63 12-15 5.00 100 400 2-23-63 16 5.00 1 ,000 1 ,000 2-23-64 17-20 5.00 100 400 2-23-64 21 5.00 1 ,000 1 ,000 2-23-65 22-25 5.00 100 400 2-23-65 26 5.00 1 ,000 1 ,000 2-23-66 27-30 5.00 100 400 2-23-66 31 5.00 1 ,000 1,000 2-23-67 32-35 5.00 100 400 2-23-67 36 5.00 1 ,000 1,000 2-23-68 37-40 5.00 100 400 2-23-68 41 5.00 1 ,000 1,000 2-23-69 42-45 5.00 100 400 2-23-69 46 5.00 1 ,000 1,000 2-23-70 47-50 5.00 100 400 2-23-70 Bond principal and annual interest shall be payable at the office of the City Treasurer of Salt Lake City, Utah Section 2. That said bonds and the coupons thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF UTAH COUNTY OF SALT LAKE SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT BOND CURB AND GUTTER EXTENSION NO. 322 $100 $1,000 No. KNOW ALL MEN BY THESE PRESENTS: That Salt Lake City, in the County of Salt Lake, State of Utah, a municipal corporation duly organized and existing, for value received hereby promises, out of funds available for the purpose, as hereinafter set forth, to pay to bearer the sum of ONE HUNDRED DOLLARS ($100.00) ONE THOUSAND DOLLARS ($1,000.00) on the 23rd day of December, 19 -2- 13 in lawful money of the United States of America, with interest thereon at the rate of five per cent (5%)per annum, payable annually in like money on December 23 in each year, beginning December 23 , 19 61 , upon the presentation and surrender of the interest coupons hereto attached, both principal and interest being payable at the office of the City Treasurer, Salt Lake City, Utah. In event of failure to pay this bond when due, it shall draw interest at the rate of eight per cent(8%) per annum until paid. This bond is drawn upon the City Treasurer against the special tax levied uponthe property included in Curb and Gutter Extension No. 322 of said City, to pay the cost of Special Improvements constructed in said district or extension, under, by virtue of and in full conformity with the Constitution and Laws of the State of Utah, and also ordinances of said City duly passed and made a law thereof prior to the issuance hereof. A special improvement guarantee fund has been created by said City as provided in Article 8, Chapter 7, Title 10, Utah Code Annotated 1953, and said City agrees that at all times during the life of this bond and until payment thereof in full, said fund shall be at all times maintained. This bond is payable exclusively out of said special tax and the said special improvement guarantee fund, and neither said City nor any officers thereof is holden for the payment thereof otherwise. It is hereby certified, recited and declared that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done in due time, form and manner as required by law, and that the total issue of bonds of said City for said Extension or District, including this bond, does not exceed the taxes levied to cover the cost of said improvement and that all of said taxes have been lawfully levied. IN WITNESS WHEREOF, SaltLake City, Utah has caused this bond to be signed by its Mayor, and attested by its City Recorder and drawn by its City Auditor on its Treasurer, and the annexed coupons to bear the facsimile signature of said City Auditor, and this bond to be dated December 23, 1960 / J. Bracken Lee Mayor /s/ Louis E. Holley City Auditor ATTEST: /s/Herman J. Hogensen City Recorder (SEAL) (Form of Coupon) No. $ On the day of , 19 , Salt Lake City, Utah, will pay to the bearer at the office of the City Treasurer, Salt Lake City, Utah, the sum of Dollars ($ in lawful money of the United States of America, being one year's interest due on that date on its Curb and Gutter Extension No.322 bond, dated December 23 , 19 60, this coupon being payable exclusively from the funds described in said bond. /s/ Louis E. Holley City Auditor Bond No. �3 Section 3. Said bonds shall be signed by the Mayor and attested by the City Recorder, and drawn by the City Auditor on its Treasurer, and the annexed coupons to bear the facsimile signature of the City Auditor, and the Board of Commissioners does hereby ratify, approve and confirm the execution of said bonds by the said officers, and the City Treasurer is hereby authorized to issue and deliver the bonds to the purchasers thereof, their agents or assigns, on receipt of the purchase price therefor. Section 4. The Treasurer of Salt Lake City shall be, and he is hereby authorized and empowered, and it shall be his duty, to receive and collect all assessments levied to pay the cost of said improvements in Curb and Gutter District No.322 , and the annual installments thereof and the interest thereon and the penalties accrued, including without limiting the generality of the foregoing, the whole of the unpaid principal which becomes due and payable immediately because of the failure to pay any installment, whether of principal or interest, when due, and to pay and disburse such payments to the person or persons lawfully entitled to receive the same, in accordance with the laws of the State of Utah and all the ordinances and resolutions of said City heretofore or to be hereafter adopted. All monies constituting the payment of principal of said unpaid installments of assessments shall be placed in a separate fund to be designated "Bond Fund of Salt Lake City Special Improvement District No. 322" and shall be used for the purpose of paying the principal and interest on special improvement district bonds of Salt Lake City Curb and Gutter District No. 322 and for no other purpose whatsoever, and as security for such payment said fund is hereby pledged. Should there not be sufficient money in said fund to pay all of the interest and principal falling due at any one time, then the principal andinterest shall be paid from the guaranty fund, or from any funds of the City lawfully available for that purpose. Section 5. That the assessments and interest thereon have been and shall continue to constitute and are hereby declared to be a lien in the several amounts assessed against every lot or tract of land in said Curb and -4- 1.3 Gutter District No. 322 from and after the 23rd day of December, 1960, the date on which the ordinance levying special assessments became effective which lien shall be superior to the lien of any mortgage or other encum- brance, whether prior in time or not, and shall constitute such lien until paid, which shall be equal to the lien for general taxes. Section 6. That in response to request for bids for the bonds herein described, three (3) bids were received as follows: Name of Bidder Interest Rate Premium Chiles-Schutz Company 5.00% $845.60 The Continental Bank and Trust Company 5.00 658.56 Edward L. Burton & Company 5.00 568.00 It is hereby determined that the offer of Chiles-Schutz Co. and Orssociates to purchase said bonds at a price of par and accrued interest and a premium of $846.60 is hereby determined to be the highest and best bid submitted for the purchase of said bonds, and the sale of said bonds to Chiles-Schutz Co. in line with their bid therefor is hereby ratified and confirmed and the bonds are hereby sold to said purchasers in accordance with the terms of their bid therefor. TheCity Treasurer is hereby instructed to deliver said bonds to the purchasers upon receipt of the purchase price thereof. Section 7. That a special improvement guaranty fund has been created as provided in Article 8, Chapter 7 of Title 10, Utah Code Annotated, 1953, as amended, Salt Lake City hereby covenants and agrees that at all times during the life of the bonds herein authorized until the payment thereof in full that it will , to such extent as is necessary, in order to prevent default in the payment of principal and interest on the bonds herein authorized cause to be levied annually for guaranty fund purposes such tax as may be necessary on all of the taxable property in Salt Lake City, Utah, but not in excess of one mill on each dollar of assessed valuation; and that any money received from said special improvement guaranty fund levy shall be placed in the special improvement guaranty fund account and main- tained for the purposes outlined in Article 8, Chapter 7, Title 10, Utah Code Annotated, 1953, as amended, and for no other purpose. Section 8. That an emergency is hereby declared, the preservation -5- 13 of the peace, health and safety of Salt Lake City and the inhabitants thereof so requiring, that immediately after its adoption this ordinance shall be signed by the Mayor and City Recorder and shall be recorded In the ordinance book kept for that purpose and said ordinance shall be published in the Deseret News — Te1earam , a newspaper of general circulation in Salt Lake City, Utah, and this ordinance shall take effect Immediately upon its passage and approval and upon publication as required by law. ADOPTED AND APPROVED this Ninth day of March , 1961 . Mayor ATTEST: (Seal) BST ,NO. 13, 1961 Published March 17, 1961 13 Affidavit of Publication • STATE OF UTAH, ss. County of Salt Lake her Ley I Notices, --_— D, iii, Onkoy RPaj AN ORDINAN'CE•' r,R Am. 02 SALT LAKE �I } i 77 i CITY SALT,LHHL COUNTY. Being first duly sworn, deposes and says that lie is le(�a! advertising UTAH. AV�,WpItRING AND 'md DIRECTING PTHHERROVLMFN'Er clerk of the DESERET NEWS AND SALT LAKE TELE- rs' Orli C9i�'AiVD GU f1Llt GRAM, HIASN EC THE.O;COST OF"'1M- GRAM, a daily (except Sunday) newspaper printedr LR/)thC ERg- pie ND OVEM',NTPAOVIDI'x`YOA lt.Sh langulage with general circulation ir1 Utah, and pu published in jn WillMNlATD FORM GFESAID Salt Lake City, Salt Lake County, in the Stale of Utoh. ECUTIOy, ONDS' PINDINC� AND DE- CLARING AN EMERGENCY THATTRIS ORDINANCE BE- That the legal notice of which a copy is attached hereto COME HIS RE- APPHOVALTEAND'PUBLICS. t� l n d WHEREAS,the Doaihl f'Com- Stol�, .l-+.��t Pi Ut'lye 9' '.1 No,. 3,3 of 1.9Fl1 o ed tnssi forctofornPlf st p;s 15f hp- at ingq for the con»trU t f - 'oVements in Curb d f tl. 1-op;District No.322,and thSLl dl }1r7 n.�.'(�:I_j'j it l'j/'f3 Ill.,}1nj,'...7 An(]. '17'C;(:�].Tt(� h.(? men feaaltl Clty confirm th d io having h.f een d 1h adopted and approved on the 23d d10 of Dc- Ito m,(3510p And Son of _Lttlnroireq ent Druid. ember.1960,and tIt,mWHEtrEAEAs.nrrlvlio0 'ot sold Dir;I. n t �n Nr.h l a rvrouc a Curb And Cx12-t'�d]^ D'i..^-.t T1C"� No. 3'',,`�,o F the] f Lh7t 6t f [Utah 6 and the ordln. d s f A C iw, MVP O'j'Til''C, hC.q ncen b-+ailth bo 4Nes oI 'freosu rcr to all thet t n' t' 1,assess A 'd DI t 1 l iiA nted was th t t l t f th the eat 8 22at152 { h h /e ving t f 14 i3iiJ 01' PJT,�.x'nh 1.'7, l.9C11.r he,h the i4 t e p foot cost,of teas published h1 sold newspaper on 'y which the f od b ni ltoit lIo,nst h britence2of tt eedroiit t s Costic st[rr deleting the,City'e anrtion,,balm astsossed,acamsfnthy abutting tro0f 01R,137.5W that do,into the fifteen R tlav period fotlowm6 the eftactioe _date Diasgessmet to th dlnance to f Iprivatte 1530855ss50'1 tltl D'niti I h'd tiHUREAS 01 it pr theBoard f CommVuionnis 'than SOCC 1Ce l tBC`l I Legal Advertising Cler 5 -fothfy Csns be v iA>r NA,`Gn13,t,01 20os ir�lr2 for Salt Lake City,ill,h NOW. THh'.RI'SOiiC. BE IT ORDAINED BY TILt',BOARD O1' LOAliEEIC TY,Cent1:01 SAL'L' Section I.'Thcrc.shall br issncd j$14,000 Salt Lal:n Clto.Oils,Sn0- mot Improvcmont Uontls nt Curb r nC Gutkec District N0. `nnnas >4 near d;,te t Lbe z3rtl{ sworn to before me this �- ' - day of day of Decant outlo01,ption t1 bowls of prior mature to i boar interest, •tiered, and in the denominations A D. 19 fib,a . AonA s, /1 Nnm-Iest I A ti ts Inch, D Amount 1 c ht Y Ivelrl-A 'a-1 500%S10o015I000b1L22 aC 25 500 100 0 ] 0e 10 1 110 'Ng S 00 1 000 1 4010 12 21-15 3 ]z-15 5.t0 noa am Notary Public 16 5.00 1,100 1,000 155501-04 21-20 5.00 000 000 17 2:1c5 21 102 1,000 Lo00 12-29-NS 22.25 ten 100 n0o 1'2-2:ai5 26 5,00 1000 1.0a0 12-2a-f+1i 24-30 S.On 10,0 n00 10-01,111 11 2-95 5.000 1,00 1 a000 9 2i tO i 37-90 5,00 1.100 I'400 1223.0E In 1'xpireS a1 r.0o I.000 Lm0 rz21-es y 1 c9-6j-- t 1545 5.00 100 t00 12.2:1.li0•'C''•- ;90 5.00 1.000 3.000 12-2M1 R0 t aRDond 00rincina101andt0n .,'ia- -est shall ho p yablJul.,' i lrt the -aflac nt tho City Trcasiu'cr of Salt Lake City.Utrh. theecoin0nn2.thn'retaen'tl nlchrcll s15e11 be in subsUntially t.iu following •form: UNITED STATES OP 5111f.R1CA 5'll'3''0 U'5Ald COUNTS'OF CALT bete • SALT LAK1R:VEM UTAH SPECIAL IO AN IMPROVEMENT BOND CURB AND GUTTER 122 EXTENSION N0.312 5100 sr,000 Ito KNOW ALL MEN EZ TI{iS51:, PRESENTS, That Soapf Lake Clir, in tiro County Salt Lalcc, Stato P.I.i' Itegsll,Notices t 'ea>n UL hmunicipal corporation value. d 1. 1 Set 5.That theO cnts1ee land Interest thereon h e rl t' 'i - land shad t toconstitute received hereby t of ( nd h b d l d t b 1 funds v 1 Ir r lien' lh s ve a]enipdnl4 accessed fu s hereinafter set nforth,topi. to / gam t e y lot o tract f Land ,ra rroIhe 1 In s la Curb and Gutter District LI OIVP tU NLHlito DOI.l.AR4 Na.322 from nit. ker the 23rd th ,,..„„„.no, day of December, 196g. the date.8 OPP 311ULISAND DOLLARS h, o which the ordinance levying�,R ori (51,61)0 UIt1 i, special assessments became effeoc-1 t in t f ttDecember.19 ive hir en shall b P� in I' ,i i the United rk to theeoien S mmortgagetor' Stales oi n r thereon fit tipt -[ '1 cent s other b whether in such t nd shall constitute in like December 23 lbu equal to the until P paid which ecncr'.I m,b,silo m-December 2.1.Se 'tares, tool,ymie `se...run and Section 6.That 'n response t' •ogler of the.intercat request for bids for bon.. hereto n�Lahcd,both n .bend ID r described, three (3) bids hi .int 'L b 'bl 'tt t -, were received as folldws: f 1 Lt. 1 Vd I-k tt me [ I,terest (; IC 1 111 I ] f f 1 tt I IIrdde Role Aendum t bond h d i 11 CConmahutz rpm' lmten r_"l far rate ofannum e t nt Con many $5.Ot1;'e ;:;I ci Pl dn &C C Ctuh b.'dl d?htth - Ns as f d G t i fE r E -h'1 S h C it s: the cost f 5 Improvements f ac t t ] d b esl, lconsL' t Said district - LaP of oat and $lin'tension, Ivirtue. f- I t t and P' f.9560 C c f t t -L th s h b d t.- d to be the 2t t t n I L "1 5-t 1f bi �1'e nor d h.t b d ubmrtted for.th City and r ran a n th Dr rch se of said bonds, and b City duly n sad and mode a low h ale of sad bonds to Chiles- n ( ' ! Pr I51 Schutz'Co.t 1' with theirbed h - r� itherefor is hereby ratified and A ,c l l I -�' confirmed d thepurchasers d here-IIi t._f fund t0.d created el e c . nId the t .thwthe t their •Chanter R Title 10. Utah de 82 bid therefor. The City Treasurer hi Annotated. 9 f Al d C't her by t i t d 11 1d Ct 11 VIA II 1 file bonds t th P h -I ur I[ t Stith bond until d 5 1c Sect f ti R Th t th t,111 t 0 recoil- t guaranty fund h.b 1f, .,life bond s payable+e>`eluuvcl.v o created aided Article 8 of said L•i t tl- IChant. 1 f Ttle 19 n Utah Cale e L special P- -L -" 6e Annotated,19 r s amended.soli oI ier-i'ir fnd. nit IJr.r s Or.L1 !Lake C'G'hereby cIre ante d nfficcrc tlhe:-rnf i rhniden ] 're that:dear!t:nreseMiring and f the t the f other en rife of he bands he th rr ed e CO until 1h t thereof- full srr I '.-hccertified,recited d Ln that It will,to such extent as is Pr declared thatall t- t-I s , and things essential to the validity SAC If:sit -tb p d rtt f d 1 L< and,t _st the )-11-n b it e 1 .ICl. e n. rand h b d i d �, authorized tobe levied r 1 t _ u.ity t h I that -total daa I e'r h t 3 may tb fund Ic bendscessary on [Dd Cif f 0 l id Exton-1 Llnke Clt tL bl b t ttl - 0 i IDi b l edo lh t '1 a,' [ n 1 h 1➢ f+n 1. i to t and that ale 1 f .Id eYd valuation; d that r tc t ,'ha b I-wfu l 1 I Nor improvement. , l from fun special d d levy a0 IN \VIfNL S F CRI OT S Itshall b 1 d ih special in I I City,UI h 1 d th Ah m t l fun account)w. bond[ b I d by t d I el I d m t d f thePurposes," rancl t".at I b 1-CIO,H d. ., tin 1 Artrele 8 Chnter li lit .tit drawn by its City Auditor o I', 34 .6, Utah Cade Annotu[e7'o l: TmAcounons nirer. .' Id the c facsimile annexed 9-S I.gi. p as amended,'and f t nr t ,1 11 City Auditor, dl2 1 Sect. g That a v 10 1 l,s 1 ,d to be dated 1 ,her 3,1_.1 herb declared. the I2, 19L9. 1',I Lon,of the health f /.-/T PIIACKPN LEE, I,6"r, Salt Lake City t thelei Mayor Fab:t 1 lh f )' Cn /. t OLIS 1 1 OILEY' 6o i li t t d F -d - A City '1,3.0 t o tl d' d h 11 b _ tl tlr A e„,P a and ishall36 n dad IRl 01-sh /s;IiCR 1AN J.HOOP VSDN, c tr c bookkept t for that urns to (.,Ln,,of Recorder 1 f and said ordinance shall be rib.Sa (SEAL)fPnrm of Caunonb Cl.5 rand , the Deseret News i general cic ir nr •INOn.the d of she I S It -k Clt Utah,the •119 , Salt Lake ty, Utah, ii111ov a d' -shall t effect cia L'' h b . Lh f r. U , 11. -1 d Sat 'P(vthe C t 11 •err 5 It bake _'os IL by d unon Publication as Di: lieeCity,Uth th n o))f, I vf,l ADOPTED AND APPROVED cul 01.0 mency Dollars 01 the llititul SI k 1 this 9th uav of March, Is J.BRACKEN EN LEE, of dun on that dstt, n Its 12 rb aAmet•ica,being one yer.r.. nd bins or our dated December 23, Ia.,xclu ely HE,,Re J_AOGtiNSEN, r - b exclusively,. C':a Recorder �n t' It oo the funds dept.ih I said P S all t bond. PILT,NO lg of 1'I61 1'1 LOL I,E.t1)1 T t Yn C Published Elam.11,1981 fA�11 tha city auditor - - _ _, '.Pond No. "ter. int, •I5 red b tt.Said .ends aha be ^ •JbY ,1 by the Mayor.end attested i,.. li nthr:City Iirrordcr0 an d_..wn Ihy hc,liWth nditorc Ycd"'c':item Ito torhe,n'the fand'o',"Oi i•at f)mf 1 0he City d,,,..r,ar d the Board)n 9f Comnhssionc..s dory hero.,o ratify. ,'PO d co firer lhei tlmr ofv soul hoods b'T the St Said",[here and the ells'Treas.th ce r.Intl dclivrr tilt,bonds zed hri ssuc c 1 assigns.onereCetiptthfi'•thc,Prutrhatc Se. c Price thortl.. Ita allon-.T'IrI'1'beast,err of Salt Lake t!.iv sh•:11 be. ,nit 1•r ! br t I o d' <I lit - I.L t ',d T� d n' L II 11 I L Ih L [ d l [. Curb 1 G nu DLit, No. , t emit the rat install-e enfv thereof And O°10 Interest c o thereon,and tar P n.Lass ace urd,C rnoodn6 01 tout rlimitinet the to n'ali0, i Cite forcl;ohrt the. I .whirr f the on o, Dtoaoipal tr. whrcli hncer be'Aue and 1 v ble n; may ally brasher of the failure n oa of nay pal riot irest, nether o at t to too? n intcest.when due, t and to i ay nit disbm-sc such Pa C - w is o tar rton ec nersons-n e lawfully a Hoed to the ordmOil witnlb.law'; r hisinno ces'ia i Uolute.. t!lc— o Cilalnhe1"'AlOrr resolute.. ft dopned. All ntonicc ea strtnti'j C -the yment 1 , ipnal oi�aiirl e r 'if Installments of sar'e,'ill‘ A r 'ou be Placed-r- sc r to dund- -t bedeli¢oar "Pont Fund of,„ Salt L.dcr City .322.t ntishae- cu District No.purpose n d'hog�t '•be used for the urntere boon sing rya, the principal and interest pe-o i r e v nt tl1stmod on a Il IDist,art Noc322vInk 0O�nd G them dr tooc such,payment said£nndufc tM1 hereby vlmdecd.Should there n t- 'besufficient money in said fund t -to pay all of the�,tcrevt and - Pal falling due atp a e bore,hl hall the pal incirim any one interest oiloo d, ar from a y tundeur the re City lawfully avai!eblc for that fn !3