R-05-08-25-13C1 - 8/25/2005 RESOLUTION NO. R-05-08-25-13C1
WHEREAS, the City of Round Rock is mandated by V.T.C.A. , Tax Code
§31. 11 to refund, upon taxpayer application to the tax collector of its
taxing unit and upon verification by the auditor of its taxing unit,
any overpayment or erroneous payment of taxes; and
WHEREAS, if such amount exceeds $500 . 00, then the governing body
of the taxing unit must also determine that the payment was erroneous
or excessive and must approve the refund, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the following named taxpayer, TJX Companies, Inc. has made an
overpayment or erroneous payment of 2004 taxes in the amount of
$627 . 94; that such amount is in excess of $500 . 00; that such
overpayment or erroneous payment has been verified by the Tax
Collector; and that application for refund has been made to the Tax
Collector by said taxpayers.
The Council further finds and makes a determination that the
payment was erroneous or excessive; and further approves such refund in
the amount of $627 . 94 .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
@PFDesktop\::ODMA/WORLDOX/O:/Wdox/RESOLUTI/R50828CI.WPD/sc
RESOLVED this 25th day of August, 2005 .
gKIE LL, Mayor
ity of Round Rock, Texas
ATTEST:
i
- aL't�
CHRISTINE R. MARTINEZ, City Secret#Y
2
07/28/2005 14:40:47 TAX COLLECTION SYSTEM PAGE: 1
TC536 SELECTION SEQUENCE 133620 REFUNDS SELECTED REPORT
CITY OF ROUND ROCK FROM: 07/28/2005 TO: 07/28/2005 MINIMUM DOLLAR AMOUNT: $0
ACCOUNT NUMBER SUIT DEPOSIT REFUND
UNP TOT YEAR UNIT OWNER NAME REC TYPE RECEIPT DATE REMITTANCE# STAT AMOUNT REASON(S)
P194-7040-375258 RF050728 20050728
2004 2 MARSHALLS #775 TL 27647224 07/28/2005 4360811 DA 627.94
CHECK PAYEE: MARSHALLS #775 BUSINESS PERSONAL PROPERTY @ 2701 CHECK TOTAL: 627.94
THE TJX COMPANIES INC PARKER DR BLDG A #300 RR
PO BOX 5369 ATTN MARK NAPOLI
COCHITUATE MA017785369
TOTAL ALL ACCOUNTS 627.94
COUNT OF REFUND CHECKS 1.00
Williamson County.Appraisa[District
:- 510 W. 9t'Street
Georgetown, Texas 78626 f+
(512) 930-3787—Austin Metro
(512) 352-8542—Taylor Metro REV'D J U L 2 $ 2005
(512) 930-0391 — Facsimile
Aill
Board of Directors
Don Paull,Chairman C C
Robert Tagge,Vice-Chairman
Harry Gibbs,Secretary July 27, 2005
Deborah Hunt
Brig Mireles David Kautz, Chief Finance Director
City of Round Rock (CRR)
221 E. Main
Round Rock, Texas 78681
Re: Cause No. 04-974-C26; The TJX Companies, Inc. v. Williamson
Bill Carroll,Chief Appraiser County Appraisal District
billlc@wcad.org Dear Mr. Kautz:
A settlement has been reached on the attached referenced lawsuit for the
tax year 2004. The settlement was the result of an Agreed Judgment
between the District and the Plaintiff in this suit. (Please see attached
Agreed Judgment.) The Plaintiff has agreed to waive the interest due.
If you have any questions, please feel free to call.
Sincerely,
6W ea O&
Bill Carroll
Chief Appraiser
BC/abl
Enclosure
cc: Forrest Child, A/C
QUICK-REF ID PROPER GAUSE DATE TemMKT AMOUNT
PROPERTY ID LAWSUIT NAME TYPE NUMBER FILED INVOLVED TAXING JURISDICTIONS INVOLVED DPMT
P406322 TJX Companies,Inc. Marshalls#775 04-974-C26 10/5/04 2004 GWI RFM SRR CRR W09 1 890,369 P
1
Williamson County Appraisal District
Supplementary Change 2004
Entities: GWI RFM SRR CRR W09
Parcel/ Record No: P-16-P194-7040-3752-58 (P406322)
Name: MARSHALLS #775
Address: THE TJX COMPANIES INC
Address: PO BOX 5369 ATTN MARK NAPOLI
City, State,ZIP: COCHITUATE, MA 01778-5369
Legal Description: BUSINESS PERSONAL PROPERTY @ 2701 PARKER
DR BLDG A#300 RR
Situs Address: 2701 PARKER DR BLDG A300 ROUND ROCK TX 78681
Old Value :' New Value
Personal Property Value: 890,369 725,000
Improvement Non-Homesite Value:
Improvement Homesite Value:
Land Non-Homesite Value:
Land Homesite Value:
Ag Market Value:
Ag Use:
Total Appraised Value: 890,369 725,000
Non-Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans: IN
Homestead Disability: is
Total Taxable Value: 890,369 725,000
Frozen Tax: Year: [Amount:
Reason for Changes Per Attached A ed Judgment signed 7/8/05
Wm. T. Carroll, Chief Appraise" � Date: 07/27/05
Appraiser: Date:
Supplement# 12
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P.
HOWARD PERDUE' JEANMARIE BAER
LARRY BRANDON LYNN STAVINOHA
C.DAVID FIELDER DAVID S.CRAWFORD
JAMES O.COLLINS CARL O.SANDIN
ROBERT MOTT JASON L.BAILEY
GEORGE DOWLEN ATTORNEYS AT LAW OWEN N.SONIK
KEVIN BRENNAN 6300 LA CALMA ELKE L.DANIEL
HAROLD LEREW SUITE 450 DAVID HUDSON
GREGG M.McLAUGHLIN AUSTIN,TEXAS 78752 R.GREGORY EAST
G.BRUCE MEDLEY ELIZABETH BANDA
DONALD B.ROSEMAN KAREN EVERTSON
TERRY G.WISEMAN TELEPHONE YOLANDA M.HUMPHREY
MICHAEL).DARLOW (512)302-0190 TRACY CRITES
JOSEPH T. LONGORIA FACSIMILE(512)323-6963 JOHN T.BANKS
TERRY ANN WHITE SANDRA GRIFFIN
TAB BEALL SERGIO E.GARCIA
DAVID A.ELLISON E.STEPHEN LEE
LAURA J.MONROE DANIEL BOHMER
EBONEY COBB
'Retired
June 30, 2005
The Honorable Bonnie Wolbrueck '
District Clerk, Williamson County
P.O. Box 24
Georgetown, Texas 78627-0024
RE: Cause No. 04-974-C26; The TJX Companies,Inc. v. Williamson County Appraisal District
Dear Clerk:
Enclosed for filing is an Agreed Judgment in the above referenced cause of action. Please
present to the Judge for signature. Please return a file stamped copy of the Agreed Judgment
(provided) in the self-addressed and stamped envelope when it has been signed by the Court.
Thank you for your attention to this matter.
Sincerely,
a '4 W�
helby A. yatt
Legal Assistant to
RECEIVED Sandra Griffin
JUL 2 2 2005FILED:.—'
a� o'clock —M
WILLIAMSON CAD JUL 0 6 2005
cc: Mr. Bill Carroll, Williamson County Appraisal District 90110'
Mr. Alan S. ,Notin erAttorney for Plaintiff District Clerk, 1111amson Co., TX.
g Y
AMARILLO ARLINGTON AUSTIN LUBBOCK HOUSTON WICHITA FALLS TYLER
FILED
o'clock®M
JUL 112005
CAUSE NO. 04-974-C26 A dlliamson.)isuict Clerk, ., Ix.
THE TJX COMPANIES,INC., IN THE DISTRICT COURT OF
Plaintiff
V. WILLIAMSON COUNTY, TEXAS
MgLLIAMSON COUNTY APPRAISAL
DISTRICT,
Defendant 26'JUDICIAL DISTRICT
AGREED JUDGMENT
CAME TO BE HEARD, The TJX Companies, Inc., Plaintiff, and Williamson County
Appraisal District,Defendant,appearing by and through their attorneys of record,and announced to
the Court that the parties desired to resolve and settle the matters in controversy in order to avoid the
trouble,expense,and uncertainty of litigation.The parties announced that they have reached a final
settlement regarding all issues of law and fact,including the appraised value of Plaintiff's property.
Having heard these announcements and reviewed the evidence and arguments of counsel,the Court
is of the opinions that such terms and conditions are well taken and should form the basis of
judgment.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the following
stipulations are agreed by the parties and entered by the Court as its judgment.
1. The undersigned parties agree and stipulate that bona fide disputes and controversies exist
between the parties concerning the market or appraised value of the subject property. These
stipulations are entered into by the parties solely for the purpose of compromising and settling their
various claims, each as to the other. No other use of this stipulation may be made by the parties
concerning the claim of either party as to the other,whether having arisen in the past,now pending,
or to arise in the future, including subsequent disputes concerning the market or appraised value of
the subject property within Defendant's jurisdiction. The agreement is not intended by either party
as an admission concerning the issues in dispute nor shall it be represented by either p%& ED
JUL 2 2 2005
W11 11 A RACAAI n A r%
other as an admission. Further,the existence,terms,and contents of this Agreed Judgment shall not
be admissible in any judicial or administrative proceeding as against either party,except as may be
necessary to enforce the terms and conditions of said judgment.
2. Pursuant to Section 42.41, Texas Tax Code, Defendant Williamson County Appraisal
District shall revise the 2004 appraisal roll to reflect the following appraised values for the property
that is the subject of this lawsuit:
Account No. Description Appraised Value
P406322 Business Personal Property @ $725,000
2701 Parker Dr Bldg A#300 RR
3. The undersigned parties shall,as soon as possible following execution ofthis Agreement,
do or cause their attorneys to do whatever is reasonably necessary to effect this Agreement. ?
Defendant Williamson County Appraisal District shall advise the appropriate assessor-collector to
(1)change the tax roll and other appropriate records according to the terms of this Agreement;(2)
prepare and-deliver a corrected supplemental tax bill as required by Chapters 31 and 42,Texas Tax
Code;and(3)refund to Plaintiff any amount due pursuant to Section 42.43,Texas Tax Code,except
for any interest on the refund which is hereby waived by Plaintiff.
4. All costs and attorneys fees are to be borne by the party incurring them.
5. All other relief not specifically granted herein is denied.
Signed this day of 2005.
JUDGE PRESIDING
RECEIVED
JUL 2 2 2005 2
WILLIAMSON CAD
APPROVED AS TO FORM AND SUBSTANCE:
1,
Mr. Alan S. Notinger
State Bar No. 15118250
Glast, Philips &Murray, P.C.
2200 One Galleria Tower
13355 Noel Road,L.B. 48
Dallas, TX 75240-6657
(972)419-8300
(972)419-8329 (fax)
ATTORNEY FOR PLAINTIFF
Rol-34-Mott
Stat Bar No. 145964
Karen Evertson
State Bar No. 00797745
Sandra Griffin
State Bar No. 00791280
Perdue,Brandon,Fielder, Collins
&Mott,L.L.P.
6300 La Calma Drive, Suite 450
Austin,Texas 78752
(512)302-0190
(512)323-6963 (fax) ,
ATTORNEY FOR DEFENDANT
RECEIVED
3 JUL 2 2 2005
WILLIAMSON CAD
DATE: August 19, 2005
SUBJECT: City Council Meeting - August 25, 2005
ITEM: *13.C.1. Consider a resolution authorizing a property tax refund to TJX
Companies, Inc. for 2004 taxes in the amount of $627.94.
Department: Finance Department
Staff Person: Cindy Demers, Finance Director
Justification:
State law requires that property tax refunds in excess of $500 be approved by the governing
body. This refund is the result of an agreed judgment approved by the appraisal district reducing
the taxable value on the 2004 tax roll.
Funding:
Cost: $627.94
Source of funds: General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information: Required process set by law.
Public Comment: N/A