Res 107-91 7/16/1991RESOLUTION NO. 74/
RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON
ATTACHED LIST OF ACCOUNTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS
THAT:
IT IS FOUND THAT THE PROPERTY TAX PAYMENTS ON THE ATTACHED LIST OF
ACCOUNTS WERE PAID IN AMOUNT GREATER THAN THAT CURRENTLY ASSESSED, AND
WERE THEREFORE EXCESSIVE, AND THE EXCESSIVE PAYMENT SHOULD BE REFUNDED
TO THE INDIVIDUALS AS LISTED:
NCNB BANK SEVERAL ACCOUNTS 49,045 . 52
PASSED AND APPROVED this 16th day of July, 1991 .
M A Y O R.
4111011111.
ATT ST:
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11941/ ,, Z-/°12
CityY
Tax Collection Office
Recap of Refund Due NCNB
Late Appraisal Adjustment
Value Taxes Taxes
Account $Value Adj. Value Loss Lost-City Lost-School Total
0020-651-0000
1989 90,000 66,000 24,000 $155.50 $220.03 $375.53
0020-661-0000
1989 5,692,343 2,580,300 3,112,043 $20,162.93 $28,531.21 $48,694.14
1990 4,786,343 2,580,300 2,206,043 $14,292.95 $22,139.85 $36,432.80
0020-662-0000
1989 80,025 45,000 35,025 $226.93 $321.11 $548.04
0020-663-0000
1989 79,875 45,000 34,875 $225.96 $319.73 $545.69
0020-669-0000
1989 60,000 52,500 7,500 $48.59 $68.76 $117.35
0020-670-0000
1989 60,000 52,500 7,500 $48.59 $68.76 $117.35
0020-671-0000
1989 56,985 30,450 26,535 $171.92 $243.27 $415.19
0020-673-0000
1989 1,882,700 508,150 1,374,550 $8,905.71 $12,601.87 $21,507.58
1990 1,250,000 508,150 741,850 $4,806.45 $7,445.21 $12,251.65
TOTALS 14,038,271 $6,468,350 $7,569,921 $49,045.52 $71,959.81 $121,005.33
WICHITA APPRAISAL DISTRICT
mimw
P.O. Box 5172 • 600 SCOTT STREET • WICHITA FALLS, TEXAS 76307
EQUALIZATION"
PHONE: (817)322-2435
MEMORANDUM
Date June 24 , 1991
To Art Dewitt, Assessor/Collector
Wichita Falls City & School
From Lanier Wilson, Chief Appraiser
Wichita Appraisal District
Subject : Settlement of Lawsuit with N.C.N.B.
Our office received the attached judgement today June 24 ,
1991 . I realize that this settlement represents a possible
substantial refund. We consider this a favorable settlement
in view of the fact that N.C.N.B. had two M.A. I . appraisals
for $2, 192,000 and $1, 570 ,000 for 1989 and 1990 respectively.
Our office is appraising property in a difficult market and
will probably be responding to lower commercial value for some
time to come.If you have questions or need additional
information on this matter, please give me a call.
riT7orrii
JUN 2 5. 91
CiT'r OF 1:'((;ill1A (;'!!,,ti
TAX ASSESSOR-COLLEC I C({
RECEIVED
ItCEIVED
APR 151991
JUN 24 1991 NO. 134,925-C
Wichitl Appraisal Distriw
wt h t3
AAPraiSaiDisi"P
NCNB TEXAS NATIONAL BANK, IN THE DISTRICT COURT
AS ASSIGNEE OF FEDERAL DEPOSIT S
INSURANCE CORPORATION, IN ITS S FILED FOR RECORD
CAPACITY AS RECEIVER OF FIRST S AT O CIOCIC
REPUBLICBANK DALLAS,
p, 61991
M.
Plaintiff, OF WICHITA COU , TEXAS
S DORSEY R ,AAPP. C1wk
a tawCountyCour.
WichitaV$. S a
County. Tom
DoPuh
er
WICHITA APPRAISAL DISTRICT
AND WICHITA COUNTY APPRAISAL S
REVIEW BOARD,
D6fanaant:;.S 89TH JUiDICIAL 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 NCNB TEXAS NATIONAL BANK, AS ASSIGNEE OF FEDERAL
DEPOSIT INSURANCE CORPORATION, IN ITS CAPACITY, AS RECEIVER OF
FIRST REPUBLICBANK DALLAS, ( "Plaintiff" ) and the Defendants,
WICHITA APPRAISAL DISTRICT ( "Appraisal District" ) and WICHITA
APPRAISAL REVIEW BOARD. 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 Court, 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 1989 and 1990 appraisals for property tax
purposes of certain property; that all interested parties have
been duly served with citation as required by law; that all
conditions precedent to the acquisition of jurisdiction by this
AGREED JUDGMENT - Page 1
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
Defendants have been compromised and settled on the terms as set
forth herein.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the
property which is the subject of this cause (the "Property" )
4onsists of land and improvements commonly known as the NCNB Bank
Building and Atrium, the Wichita Club Parking Garage and the
Leslie Brothers Parking Garage, located in Wichita Falls, Wichita
County, Texas, and is represented by the Appraisal District
account numbers referenced below; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Property had a market value on January 1, 1989 as set forth
below:
Account No. 1989 value
0020-661-0000 2,580, 300
0020-662-0000 45,000
0020-663-0000 45,000
0020-673-0000 508,150
0020-671-0000 30,450
0020-670-0000 52,500
0020-669-0000 52,500
0020-651-0000 66 ,000
AGREED JUDGMENT - Page 2
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Property had a market value on January 1, 1990 as set forth
below:
Account No. 1990 Value
0020-661-0000 2,580 ,300 .00
0020-673-0000 508,150 .00
66 .000 .00 tl - _--"'
C
0020-651-0000 c
o-\ I / Icy
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 1989
and 1990 appraisal rolls of Appraisal District be modified and
corrected to reflect the values as set forth herein; and
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 set forth above; (2)
prepare and deliver a supplemental tax bill as required by
Chapter 31 and Chapter 42, Subchapter C of the Texas Property Tax
Code; and ( 3 ) promptly refund to Plaintiff any amounts due
pursuant to Property Tax Code Section 42.43 , except that
Plaintiff has agreed to waive any interest to which it may be
entitled by law as long as its refunds are issued within 60 days
of the signing of this Judgment.
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.
AGREED JUDGMENT - Page 3
r
SIGNED on this - day of 1991.
ii•aziselik4f--
JUDGE PRESIDING
APPROVED AS TO FORM AND CONTENT:
GEARY, STAHL & SPENCER
A ,Professional Corporation
6400 NCNB Plaza
901 Main Street
Dallas, Texas 75202
214-7748-9901
By: (1:
1212)
n/i/\„/
DANIEL P ONOVAN
DAVID J. PLAN
ATTORNEYS FOR PLAINTIFF
ANDERSON AND RODRIGUEZ
916 Petroleum Building
Wichita Falls, Texas 76301
817/322-1119
J
By: L..4 dE4Qt-
HANK ANDERSON
ATTORNEYS FOR DEFENDANTS
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AGREED JUDGMENT - Page 4