990022_Page_04

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any other street neither had the
City power under the Charter to
levy a general tax on the property for the
purpose of paying for special
improvements already made.
If the position assumed is
correct it follows that the City
has no funds which could
be legally appropriated to pay
the claim of Mr Alexander.
The funds of the City now on
hand or which may come
into the City's general fund
was raided by levy for a different purpose
and an attempt to misappropriate
such funds could be stopped
by injunction. Any [attempt]
diversion of municipal
property to purposed not author-
ized is illegal on the double
ground of its being or breach
of trust and also "Ultra Vires"
"Green's Brice's Ultra Vires" page 58
Scrip or warrents have been
issued to the claiment payable
out of the "Jackson Street Improve-
ment Fund" these warrants
were issued on pursuance of the
provisions ofthe cahrter and of

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