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Res 175-94 11/1/1994J,;- OO[1NCILB11Li 336 RESOLUTION NO. / RESOLUTION APPROVING THE REFUND OF MONIES TO SUNBELT FEDERAL SAVINGS FOR SETTLEMENT IN A LAWSUIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS . THAT : It is found that the property tax payments of account #1440-319-0700 was paid in amounts greater than that currently assessed and were therefore excessive, and the excessive payments should be refunded to the individuals and in the amount as listed below: Sunbelt Federal Savings 11 , 192 . 43 PASSED AND APPROVED THIS 1ST DAY OF . OVEMBER , 1 . M A Y O R/ 40" ATTEST: L 2 41 CITY CLERK Page 2 of 4 Pages Agenda Item No. 9.e. WICHITA APPRAISAL DISTRICT 117:21:7" P. O. Box 5172 • 600 SCOTT STREET • WICHITA FALLS,TEXAS 76307 PHONE: (817) 322-2435 EQUALIZATION" M E M O R A N D U M DATE : October 11, 1994 TO Nick Gipson, County Judge Jim Berzina, City Manager Leslie Carnine, Superintendent of Schools FROM : Lanier Wilson SUBJECT: Sunbelt Federal Savings VS Wichita Appraisal District Settlement, Hunters Crossing Apts. , Account #1440-319-0700 This is to inform you that settlement has been reached on the 1991 lawsuit initiated against Wichita Appraisal District by Sunbelt Savings, an R.T.C. property. The property in consideration is Hunters Crossing Apartments. A refund of $11,192.43 without interest will be owing to Sunbelt Savings and should be distributed as follows: Entity Value Loss 1991 Rate Refund City of Wichita Falls 529,210 66363 3,512.00 Wichita C.E.D. 529,210 75 3,969.08 Wichita Falls I.S.D. 529,210 392 2,074.50 Wichita County 529,210 3093 1,636.85 Total 11,192.43 The facts in this case are as follows: January 1, 1991 - Property was appraised for $5,129,210. Property was on the market in the spring of 1991 for $6,400,000. M.A.I. appraisal 6/25/90 for $6,400,000. Sale of property July 1992 for $4,100,000. Page 3 of 4 Pages Agenda Item No. 9.e. F y . Based on the information available to us on January 1, 1991, our appraisal of $5,129,210 looked to be very conservative. However, when the R.T.C. "dumped" the property in July of 1992 for $4.1 million our position was considerably weakened, even though both sides knew that this price was below market value. Based on the facts listed above, I believe a settlement of $4.6 million was in the best interests of both our district and the R.T.C. If you have questions on this, please give me a call. Lanier Wilson CC: James Smith Fred Werner Monette Pemberton Page 4 of 4 Pages Agenda Item No. 9.e.