Lund

Lund v. Town of Petersburg

Good Law
293 F. 893·5 Alaska Fed. 193·1923 U.S. App. LEXIS 1696
United States Court of Appeals for the Ninth CircuitDecember 3, 1923No. 4094California948 words

Opinion

Lead Opinion

Hunt, J.

(after stating the facts as above). Appellant questions the authority of the town: (a) To levy a tax in excess of 2 per cent, annually upon the assessed valuation within the corporate limits of the city in order to provide for the payment of the bonds and interest; (b) to sell electric energy and power to be used and consumed outside of the corporate limits of the town; and (c) to bind itself to pay the bonds before the expiration of the period prescribed in the acts of Congress authorizing their issue.

It is clear to us that the special act of Congress gave to the town authority to incur the somewhat unusual expense and to issue bonds as a means of paying for the improvement authorized. The provisions of the Alaska statutes, heretofore referred to, limiting the power of the town to 2 per cent, of the assessed valuation upon all property, and denying authority to issue bonds to incur a debt in an amount in any year greater than the current revenue for the year, relate to the use of revenues for ordinary municipal purposes. With the small population of the town and the present assessed valuation of the property, the improvements could not be had, except through special…

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