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R-12-08-23-E2 - 8/23/2012 I. RESOLUTION NO. R-12-08-23-E2 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, Crest SC LP has made an overpayment or erroneous payment of 2009 taxes in the amount of$3,174.65; 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$3,174.65. The City Council hereby finds and declares that written notice of the date, hour, place and j i 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. RESOLVED this 23rd day of August, 2012. W51NhIf4ifLd ity of Round Rock, TexasMa OR ?RD--i-_� ATTEST: ea(�- SARA L. WHITE, City Clerk O:\wdox\SCC1nts\0112\1204\MUNICIP AL\00256239.DOC r ,> Ci Council Agenda Summar Sheet ROUND ROCK,TEXAS City g Y PURPOSE PASSION PROSPERITY. i Agenda Item No. E2. -CONSENT Consider a resolution authorizing a property tax refund to Crest SC LP for 2009 taxes in Agenda Caption: the amount of$3,174.65. Meeting Date: August 23, 2012 I. Department: Finance §` Staff Person making presentation: Cheryl Delaney Finance Director R Item Summary: i 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 2009 tax rolls. a 1 Cost: $3,174.65 Source of Funds: General Fund Date of Public Hearing(if required): N/A Recommended Action: Approval x i { a i I 06/26/2012 ,09:53,!.-32 ' ' TAX COLLI3CTION SYSTEM PAGE: 1 TN536 SELECTION SEQUENCE 1239044 REFUNDS SELECTED REPORT CITY OF ROUND ROCK FROM: 06/26/2012 TO: 06/26/2012 MINIMUM DOLLAR AMOUNT: $0 REFUNDS REPORTED FOR INSPECTION ONLY ACCOUNT NUMBER APPR DIST # SUIT DEPOSIT REFUND UNP TOT YEAR UNIT OWNER NAME REC TYPE RECEIPT DATE REMITTANCE# STAT AMOUNT REASON(S) 5507-0000-0005A R347834 RF120626 20120626 2009 2 CREST SC LP TL 136642657 06/26/2012 15201806 DA 3,174.65 CHECK PAYEE:CREST SC LP STEEPLECHASE DOWNS AMENDED, LOT 5- CHECK TOTAL: 3,174.65 1400 CIVIC PL ACRES 17.1253 STE 225 SOUTHLAKE TX76092 TOTAL AMOUNT DUE FOR ACCOUNT .00 TOTAL ALL ACCOUNTS 3,174.65 COUNT OF REFUND CHECKS 1.00 AtXWCAD 625 F.M.1460 Georgetown,Texas 78626 (512)930-3787—Austin Metro June 25, 2012 (512)930-0391—Facsimile 6 www.wcad.om } Steve Norwood, City Manager Board of Directors City of Round Rock(CRR) 221 E. Main Harry Gibbs,Chairman ' Round Rock,Texas 78681 Deborah Hunt,Vice Chairman Cecilia M.Crowley,Secretary Re: Cause No: 09-775-C368; Crest SC LP (Steeplechase Apartments) v.Williamson Rufus Honeycutt Central Appraisal District I Charles Chadwell Dear Mr. Norwood: A settlement has been reached on the attached referenced lawsuit for the tax year 2009. The settlement was the result of an Agreed Judgment between the District Chief Appraiser and the Plaintiff in this suit. The Plaintiff has agreed to waive the interest due, if the refund is paid within ninety (90) days of the date the change is certified to the Alvin Lankford (512)931-7826 tax assessor by the AppraisalDistrict. (See attachedg ict. SRule 11 Agreement and Agreed Judgment). alvinl@wcad.ors If you have any questions, please feel free to call. l Sincerely, "We will provide quality € service with the highest �G�� standards ofprofessionalism, integrity and respect We Alvin Lankford will uphold these standards Chief Appraiser while providing an accurate, Air and cost-effective AL/abl appraisal roll in compliance with the laws ofthe State of Tem b Enclosure cc: Forrest Child,A/C cc: Cheryl Delaney, Finance Director CRR f I Williamson Central Appraisal District Supplementary Change 2009 Entities: GWI RFM SRR CRR J01 W09 Parcel/Record No: R-16-5507-0000-0005A(R347834) r Name: CREST SC LP Address: 1400 CIVIC PL Address: STE 225 Address: City,State,ZIP: SOUTHLAKE,TX 76092 Legal Description: SEE ATTACHED AGREED JUDGMENT Situs Address: 515 E PALM VALLEY BLVD ROUND ROCK TX 78664 Old Value New Value Personal Property Value: 1- Improvement Non-Homesite Value: 19,783,441 18,982,996 Improvement Homesite Value: Land Non-Homesite Value: 2,237,934 ; 2,237,934 Land Homesite Value: ' Ag Market Value: Ag Use: Total Appraised Value: 22,021,375�+y 21,220,930 Non-Taxed Exempt: Homestead: Over 65: Disabled Veterans: Homestead Disability: Total Taxable Value: 22,021,375 s� 21,220,930 Frozen Tax: Year: % Amount: Reason for Changes: Per Agreed Judgment signed 6/19/12 Alvin Lankford,Chief Appraiser Date: 6/22/2012 Supplement# 36 t E i t i PerdueBrandonFielderCollins&Mott LLP ATTORNEYS AT LAW 3301 Northland Dr. SUITE 505 AUSTIN,TEXAS•78731 TELEPHONE 512302-0190 FAX 512-323-6963 www.pbfcm.com I RULE 11 AGREEMENT g June 8,2012 VIA E-MAIL&FACSIMILE(972)931-9208 Ms.Amy Reilly,Sallusti Geary,Porter&Donovan,P.C. One Bent Tree Tower 16475 Dallas Parkway,Suite 400 Addison,Texas 75001-6837 RE: Cause No. 09-775-C368; Crest SC LP (Steeplechase Apartments) v. Williamson Central Appraisal District Dear Amy: I The parties have agreed to settle this lawsuit b setting the value at $21220 930 for 2 Y g 009 for account number 8347834. In addition the parties agree that Plaintiff will waive interest on the refund so long as the refund is paid within 90 days of the date the change is certified to the tax assessor by the Appraisal District. Each party will bear their own costs and attorney's fees. The parties will execute the attached agreed judgment reflecting the change in value. These stipulations are entered into by the parties solely for the purpose of compromising and settling their various claims, each as to the other. No other use of this stipulation may be made by the parties concerning the claim of either party as to the other, whether having arisen in the past, now pending, or to arise in the future, including subsequent disputes concerning the market or appraised value of the subject property within Defendant's jurisdiction. The agreement is not intended by either party as an admission concerning the issues in dispute nor shall it be represented by either party as to the other as an admission. Pursuant to Tax Code sections 42.43(f) and 42.43(8),the property owner has made a designation for refund purposes. See attached completed Form 50-765,Exhibit A. If this accurately reflects our agreement, please sign and return this letter and completed Form 50-765 to me for filing. FILED at o'clock___-_M JUN 1 h 2012 AMARILLO ARLINGTON AUSTIN CONROE HOUSTON LUBBOCK MCALLEN MIDLAND SAN ANTONIO TYLER WICHITA FALLS RECEIVED Wstrlot Clerk,Williamson t LCI 12 ON CAD R1 t Settlement Agreement-Cause No.09-775-C368;Crest SC Ll' Stee lechase Williamson Central Appraisal District p Apartments)v. Page 2 of 2 • 4 f' *dmrariiffin�$l 2' Attorney for Defendant I Agreed: f Amy Reitit S ksti Attomey or Plaintiff S Y I ynni.' e I. R I h: g b- E f t k, i RECEIVED 6122/12 WILLIAMSON CAD i / ( , ( p . { [ � , { ` ( [ ( . ( � ( � ( [ / [ ( � ( { . ( [ r � ( � . [ . ( ( � ( ( � ( : { ( ( / { � { ( � ( \ ( { ( � ( EXHIBIT � { RECEIVED [ mS2 mUasNcD ( Property Talc Designation of Tax Refund Foye Pwaumd toTmeTex Cate Sacfion 42AS.a properly owner who prowMe[man appeal of on spprdo d radew boats detennirtatien of value to dshtoteourt may daeignate to whom endlor where a property Ilex mound ha to be cont: aremop ingefdefemt,ysu(Pnapertyownsr)pwObthattherefundrm wngfromapostaPPoelladgrnetrtwittbedelftredtothedeeig- WAdindwiduelortlrm:Tbeentirelmn nxwl becampletedtor thetocal Uxopim for prows*the refund afteap(aoomaAAgorroarrana R=W flack lndependwa Schow DMft fftox�• 1311 Ratmd Rod*Avenue CU 11moa.eoelorlon,Soft ZIPCoda RomW-Rock,Texas 76881 Pppagy atwrr Idraa oed Ildmais: CrestSC LP 1400 Chic place.Sella 225 ff SGUMMa,TX 76092 Thr 1���►aaQarpdtono►orwrhfvrneYon/ion,gp�a�snrroeordsa�cknt0orda�ElyrkryroparCya acach sogpyorew�irrooapf,) SWeAdmiss Downs Amended.Lot GA.Ackes 1712.53 wepeigrtoenur�t NSnt+erer8msomma rAie�bet: 347834 Raaf dud�tpN Carve NumEet:(PAmtepemklo w�lirvraaDea) 09.77642"(2009 tax year) lafrtthe propettyowneroraduly authauimd mpresmtlativeof ihepmpatty*wwrmOftdtoa reftmd clad vabmmtnmarls. ingffam an appeal underTOMTmt Cot*Chapter 42.Rl►exM410g this Assignmeftt of MO to a Rafund.th+e Party awfter ns all dghte and htt FM for the lair refund/o be ddWKed tro rho des%now indlvldeai erfirm. i r. 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