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Res 051-96 5/7/1996RESOLUTION NO. ` > — CND RESOLUTION APPROVING THE REFUND OF MONIES TO HALLIBURTON SERVICES FOR SETTLEMENT IN A LAWSUIT . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS . THAT: It is found that a judgement reduced the appraised value at 1600 Fisher Road , account #0956-008-0000 of 1 , 300 , 000 . The total of all tax entities was $9 , 614 . 19 and the City ' s share is $2 , 759 . 33 . PASSED AND APPROVED THIS 7TH DAY OF MAY, 1996 . Y O R ATTEST : ik 'A. Al ') t) -k CITY CLERK WICHITA APPRAISAL DISTRICT P. 0. Box 5172 • 600 SCOTT STREET • WICHITA FALLS,TEXAS 76307 PHONE: (817)322-2435 EQUALIZATION' M EM O R A N D U M DATE April 23, 1996 TO Nick Gipson, County Judge Jim Berzina, City Manager Leslie Carnine, Superintendent of Schools FROM Lanier Wilson SUBJECT Agreed Judgment-Halliburton Services; Account #0956-008-0000; 21.77 Acres Unit 4, Tr 1, Expressway East, 1600 Fisher Rd. Enclosed is an agreed judgment between Halliburton Services and Wichita Appraisal District. This is for the tax year 1993 and 1994. Our office appraised this property for $897,951 in 1993 and for $812,145 for 1994. We have agreed that these values were excessive based on information now available. We, along with Halliburton, have agreed on a settlement value of $700,000 for 1993 and $600,000 for 1994. Halliburton vacated and closed this plant in 1993. The property was constructed to a large degree to satisfy Halliburton's needs. The property was on the market for some time at a price in range of our appraisals, but they were unsuccessful in selling the property. It is presently leased to a tenant who has the option to purchase for $300,000. Also they have a fee appraisal for $375,000. I feel that based on the information now known, the appraisal district has made more than reasonable settlement with Halliburton and still managed to maintain a good working relationship with them. Enclosed is the computation of the refund amounts for each district based on the appropriate tax rates. Please note that there is no interest on this settlement. Please exercise due diligence in making this refund to Halliburton at the following address: Halliburton Energy Services C/O Raymond E. Fuller P.O. Box 1431 Duncan, Oklahoma 73536-0222 I appreciate your cooperation in this matter. If you have any questions about this, please give me a call. I_ Zan er Wilson CC: Monette Pemberton James Smith Fred Werner No . 141 , 740-C FILED FOR RED;(- D T H0ck _ HALLIBURTON COMPANY, IN THE DISTRICT COURTAPR2199E Plaintiff , Jam__' R 1 V. WICHITA COetteg. y zs ey ep,J•. WICHITA APPRAISAL DISTRICT, Defendant . 89TH JUDICIAL DISTRICT AGREED JUDGMENT BE IT REMEMBERED that on the date set forth below came on to be heard the above-styled and numbered cause , and came the Plaintiff , Halliburton Company ( "Plaintiff ") , and the Defendant , Wichita Appraisal District ( "Appraisal District") . The parties appeared by and through their attorneys of record whose names and signatures appear below. It was announced to the Court that an agreement had been reached, subject to the approval of the Ccurt, for the settlement of all matters in controversy between the parties . It appears to the Court and the Court so finds that this is a suit concerning the 1993 and 1994 appraisals for property tax purposes of certain property; that all interested parties have been served with citation as required by law; that all condit ions precedent to the acquisition of jurisdiction by this Court have occurred or been done; that this Court has jurisdiction of the subject matter and all persons and parties herein, and that all matters in dispute between Plaintiff and Appraisal District have been compromised and settled on the terms as set forth herein. L IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the property which is the subject of this cause (the "Property") consists of real property and improvements commonly located at 1600 Fisher Road in Wichita County, Texas, and is represented by Appraisal District account number 0956-008-0000 . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Property had an appraised value on January 1, 1993 of $700, 000 . 00 and January 1 , 1994 of $600 , 000 . 00 . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the appraisal rolls of Appraisal District be modified and corrected to reflect the market value set forth herein. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a penalty under § 42 . 06 (b) of the Texas Property Tax Code will not be due to - the taxing units . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Appraisal District shall forthwith advise the Assessor for each affected taxing unit to (1) change the tax roll and other appropriate records to reflect the appraised value as set forth above; (2) prepare and deliver supplemental tax bills as required by Chapter 31 and Chapter 42 , Subchapter C of the Texas Property Tax Code; and 3) promptly refund to the order of Plaintiff, at the address set forth below, any amounts due pursuant to Property Tax Code Section 42 . 43 . Halliburt_on Energy Services c/o Raymond E. Fuller P .O. Drawer 1431 Duncan, Oklahoma 73536-0222 All costs of court shall be taxed against the party incurring the same . All relief prayed for by either party hereto and not expressly granted is hereby DENIED. SIGNED on this ;-( day of 1996 . ORIG1N.'-L Sitar,,..; , P?v?ik,k JUDGE PRESIDING APPROVED AS TO FORM AND CONTENT: GARY, PORTER & DONOVAN, P . C. 16475 Dallas Parkway, Suite 550 Dallas , Texas 75248 214/931-9901 214/931-9208 (FAX) y ANIEL P. DONOVAN DAVID KAPLAN ATTORNEYS FOR PLAINTIFF ANDERSON & RODRIGUEZ 726 Scott Avenue, Suite 916 Wichita Falls, Texas 76301 817/322-1119 817/322-5151 (FAX) 04,42By: (]Va HANK ANDERSON ATTORNEYS FOR DEFENDANT M N 01 01 1 01 CO 1 01 0 M et. ul co N H N M d' 1p N O f 01 EA. r} a! 4) 0 Q 0 4-1 W C4 ro O M M .--1 10 N d' In 01 0 Et a1 M N N 01 d' V CO H O Min 01 01H 0 HN M MN u1 Md' CO •-1tp N 4 d' u1 O u1 M d' N u1 00 M 1- N d' O a1 d' O d' 3 a1 ...1 co .--1 I .--I N N N 111 4 . . . d N 0 N N}d} EA- EF?EA N! 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