The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-01-14
SEWER DIRECTORS
WIN OUT IN COURT.
.Judge Charlton Rules
That Tax Is Excessive
and Illegal
ESTIMATES PADDED
my in Many Instances Is
Greater Than Value of
Property Liable

kreciaI 20 The World
BARTL LESVILLE. Jan. 13.--Judge
n. Charlton of the district court,
rendered "A decision against the city
Of Bartlesville Wednesday In the
uetltion for an Injunction filed by
property owners of the west side of
,he city. The residents OF sewer
district No. 13 asked an injunction
10 restrain the city and the county
treasurer from collecting taxes
assessed against lots in that district
FOR the construction of sewer
which has been completed recently
Judge Charlton in handing down
hs ruling. said he had found that
lie estimate of the city engineer
II sewer district No 13 had been
padded about one-third. or sS9,-
27745 and the entire proceedings
based upon this padded estimate
were declared by the court to be
illegal and void. The court also
found that tho city had charged an
expense Of Z per cent, or S10,997.6S
against the project, which appeared
In the man to be q charge for the
services OF the city engineer and his
assistants. who were paid by the city
az large and that of this charge
$500 was illegally included in the
sewer project.
The decision made It plain that
Judge Charlton held that the law
and the facts made 1t illegal to
levy taxes and to base ordinances or
establish sewer districts upon an,
estimate which is padded to cover
the difference between the face
value Of the sewer warrants and the
actual cash cost of construction.
The decision points out that the
city engineer based his preliminary
qtimatc nat alone upon the cost of
&aterial and labor necessary in the
Construction of the sewer, but that
he took into consideration the fact
that the tax warrants when issued
would probably be worth only
seventy-flve cents on the dollar and
he added to his estimate on the ac-
tual cost Of the material and labor
necessary in the construction of The
sewer the estimated amount of the
appreciated value OF the tax war
rants. Because of this procedure,
the opinion holds, the taxpayers
we're called upon to pay one-third
more than would have BEEN neces-
sary had the estimate been made on
cash basis.
Judg Charlton also held that the
value OF the lots assessed were
from $40 to $500 each with ma
iorty OF the lots worth from $25
to 800. while the sewer tax in the
majority of the instances exceeded
the actual value of the lots.
The court held further that the
engineers estimate was made al
s'ost year before the sewer was
constructed, at a time when the
price of labor and material was
greater than II was at the time of
the construction of the sewer that
II was made before such sewer dis
trlct was established and that the
contract was let before such a sewer
district was declared a necessity or
established in said district and that
accordingly the proceedings from the
time Of the estimate to the passing
Of the ordinance of assessment, al
though apparently regular on their
face, in many instances were Illegal
and void and cannot be upheld by
|. the court.
A. o. Harrison. city attorney, an
bounced Wednesday afternoon that
he would ask for a new trial and In
case this is denied he would appeal
the case to the supreme court.