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R-03-05-22-11C4 - 5/22/2003Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pin Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY May 28, 2003 Mr. Forrest Child Round Rock ISD Tax Office 1311 Round Rock Avenue Round Rock, TX 78681 Dear Mr. Child: The Round Rock City Council approved Resolution No. R- 03- 05 -22- 11C4 at their regularly scheduled meeting on May 22, 2003. This resolution approves the property tax refund to Legends Village, LP for 2001 taxes in the amount of $1,142.04. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to David Kautz at 218 -5401. Sincerely, 104 Sherri Monroe Assistant City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept, 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax: 512 218.7047 • www.ci. round- rocktx.us RESOLUTION NO. R- 03- 05- 22 -11C4 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, Legends Village, LP has made an overpayment or erroneous payment of 2001 taxes in the amount of $1,142.04; 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 $1,142.04. 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. ®PFOesktop \::OOMA /WORI.W% /O: /W00%/ 50LUSI/R30522O4. WP13/5C I A TEST: RESOLVED this 22nd day of May, 2003. Ai. ,_ AJ4! CHRIS INE R. MARTINEZ, City Sec 1iI• E ELL, Mayor p ity of Round Rock, Texas ary 04/08/2003 07:07:12 TAX COLLECTION SYSTEM TC536 REFUNDS SELECTED REPORT ADJUSTMENT REFUNDS FROM: 04/07/2003 TO: 04/07/2003 MINIMUM DOLLAR AMOUNT: $ 0 PAGE: 1 ACCOUNT NUMBER SUIT UNP TOT YEAR UNIT OWNER NAME PENDING RECEIPT DATE VALIDATION# STAT AMOUNT ADJ REASON(S) 0297- 0000 -0068D P 2001 02 LEGENDS VILLAGE L P 20064011 04/07/2003 30407071943 RF 445.40 VALUE DECREASED CHECK PAYEE: LEGENDS VILLAGE L P CHECK TOTAL: 445.40 STE 400 5255 VILLAGE CREEK DR PLANO TX 75093- 0297- 0000 -0068E P 2001 02 LEGENDS VILLAGE L P 20064012 04/07/2003 30407072128 RF CHECK PAYEE: LEGENDS VILLAGE L P STE 400 5255 VILLAGE CREEK DR PLANO TOTAL POST PERIOD CREDIT 0.00 TX 75093- CHECK TOTAL: TOTAL ALL ACCOUNTS 1,142.04 696.64 HB2525 ADDED VALUE DECREASED 696.64 Williamson County Appraisal District A C R D S Y S T E M THE SOFTWARE GROUP, INC. 2001 SUPPLEMENTAL ROLL #21, CORRECTIONS FOR ENTITIES: CRR, SRR OWNER NAME AND ADDRESS R055319 (504558) R -16- 0173 -0000 -0029 PINE KENNETH J JR & WISAM B 500 CR 117 GEORGETOWN, TX 78626 -7479 R330574 (420024) R -16- 0284- 0000 - 0 2 78 ORTEGA NARCISO 1201 LYNDA SUE ST ROUND ROCK, TX 78681 -7316 R407646 (513533) R -16- 0297- 0000 - 0068D LEGENDS VILLAGE L P STE 400 5255 VILLAGE CREEK DR PLANO, TX 75093 EXEMPT: HS PROPERTY DESCRIPTION AW0173 DONAHO, W. JR. SUR., ACRES 4.9958 SITUS: 500 117 CR RR GEORGETOWN, TX 78626 ENTITIES: GWI, SRR, RFM LAND SPTB: Al, IMP SPTB: Al SUPP CODE: CV - CHANGE IN VALUE ACP; COMBINE MOBILE HOME BACK FROM 0173- 0000- 0029M1 (R409628) FOR MORTGAGE PURPOSE PER OWNER REQUEST. AW0284 HARRELL, J.M. SUR., ACRES 0.60. AKA BLESSING SUB, LOT 28 SITUS: 1201 LYNDA SUE ST RR ROUND ROCK, TX 78681 ENTITIES: GWI, SRR, RFM EXEMPT: HS LAND SPTB: A2, IMP SPTB: A2 SUPP CODE: CV - CHANGE IN VALUE HKB; ADDED HS FOR 01 FOR ORTEGA, DD 3/3/95, APP DT 10/23/02 AW0297 HOLDER, P.A. SUR., ACRES 91.284 SITUS: PALM VALLEY BLVD 8 RR ROUND ROCK, TX 78664 ENTITIES: GWI, RFM, SRR, CRR EXEMPT: LAND SPTB: D4 SUPP CODE: CV - CHANGE IN VALUE DLB;CV PER AGREED JUDGMENT SIGNED 2/6/03 RECEIPT # LAND HS $ 13,000 LAND NHS $ 19,473 IMPR HS $ 140,731 IMPR NHS $ 26,296 SRR ASSESSED $ 199,500 TAXABLE $ 184,500 LAND HS $ 32,670 IMPR HS $ 9,772 SRR ASSESSED $ 42,442 TAXABLE $ 27,442 0 I 244,7 LAND NHS $ 1,276,607 CRR ASSESSED $ 1,276,607 TAXABLE $ 1,276,607 SRR ASSESSED $ 1,276,607 TAXABLE $ 1,276,607 o f 24-04,47 av 44r, 4° 03/25/03 11:39am PAGE 1 CURRENT VALUES PRIOR VALUES GAIN /LOSS 13,000 19,473 140,731 0 173,204 26,296 158,204 26,296 32,670 9,772 42,442 42,442 - 15,000 i ,QcUUlS ri.) 13, "4-T- 1,414,902 1,414,902 1,414,902 1,414,902 1,414,902 0 - 138,295 - 138,295 - 138,295 - 138,295 Williamson County Appraisal District A C A D SYSTEM 03/25/03 11:39am THE SOFTWARE GROUP, INC. 2001 SUPPLEMENTAL ROLL #21, CORRECTIONS FOR ENTITIES: CRR, SRR PAGE 2 OWNER NAME AND ADDRESS PROPERTY DESCRIPTION R407647 (513533) R -16 -0297- 0000 -0068E LEGENDS VILLAGE L P STE 400 5255 VILLAGE CREEK DR PLANO, TX 75093 R057117 (451616) R-16-3110-000C-0057 MESEROLE CRAIG STEVEN AND CLAUDIA L MESEROLE 13181 MILL STONE DR AUSTIN, TX 78729 -2758 AW0297 HOLDER, P.A. SUR., ACRES 15.636 SITUS: PALM VALLEY BLVD E RR ROUND ROCK, TX 78664 ENTITIES: GWI, RFM, SRR, CRR EXEMPT: LAND SPTB: D4 SUP? CODE: CV - CHANGE IN VALUE DLB; CV TO AGREED JUDGMENT VALUE SIGNED 2/6/03 ANDERSON MILL VILLAGE, BLOCK C, LOT 57 SITUS: 13181 MILL STONE DR RR AUSTIN, TX 78729 ENTITIES: GWI, SRR, REM, M11, F90 EXEMPT: LAND SPTB: Al, IMP SPTB: Al SUPP CODE: CV - CHANGE IN VALUE HIM; REMOVED HS FOR 01 PER RRISD, APPLIED LATE R058598 (503883) R -16- 3367 -000P -0006 BARRINGTON OAKS SEC 6, BLOCK P, LOT HOLMES LOUISE 6 11508 CHANCELLROY DR SITUS, 11508 CHANCELLROY DR RR AUSTIN, TX 78759 -4416 AUSTIN, TX 78759 ENTITIES: GTR, SRR EXEMPT: LAND SPTB: Al, IMP SPTB: Al SUPP CODE: CV - CHANGE IN VALUE HKB; REMOVED 10001 PER RRISD, APPLIED LATE Shared GTR: 01- 6609 -0806 -0000 Value Used : GTR RECEIPT # CURRENT VALUES PRIOR VALUES GAIN /LOSS LAND NHS $ CRR ASSESSED $ 23,454 TAXABLE $ 23,454 SRR ASSESSED $ 23,454 TAXABLE $ 23,454 o r 37G o . 68 LAND HS $ 30,000 IMPR HS $ 77,834 SRR ASSESSED $ 107,834 TAXABLE $ 107,834 LAND HS $ 30,000 IMPR HS $ 135,000 SRR ASSESSED $ 165,000 TAXABLE $ 165,000 23,454 242,098 444, G4 242,098 242,098 242,098 242,098 30,000 77,834 107,834 30,000 135,000 165,000 - 218,644 - 218,644, - 218,644 - 218,644 0 92,834 15,000 0 150,000 15,000 Board of Directors Ercel Brashear, Chairman Robert Tagge, Vice - Chairman Deborah Hunt, Secretary Leslie Hill Don Paull Bill Carroll, Chief Appraiser wtc- woad @texas.net Vvut-aLTIIwn (-uarci.5 i`Lj i /L/I G6wJLL6 "1,0 LI LI.L 510 W. 9 Street P. O. Box 1120 Georgetown, Texas 78627 -1120 (512) 930 -3787 — Austin Metro (512) 352 -8542 — Taylor Metro (512) 930 -0391 — Facsimile March 17, 2003 David Kautz, Chief Finance Director City of Round Rock 211 E. Main Round Rock, Texas 78681 Re: Cause No: 02- 231 -C26 Legends Village, L P v. Williamson CAD Dear Mr. Kautz: A settlement has been reached on the attached referenced lawsuit for the tax years 2001. 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. With Kindest Regards, &•a epee Bill Carroll Chief Appraiser BC /Idb Enclosure cc: Forrest Child, A/C CAUSE NO. 02-231-C26 LEGENDS VILLAGE, LP, IN THE DISTRICT COURT Plaintiff v. fiO'�Gt�`I'P,.: ? ILLI SON COUNTY, TEXAS 34 WILLIAMSON COUNTY APPRAISAL JAN 1 1 2003 DISTRICT, Defendant District gay I11801son ' c26=g. JUDICIAL DISTRICT AGREED JUDGMENT CAME TO BE HEARD, Legends Village, L.P., 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 Defendants' jurisdiction. The agreement is not intended by either party as an admission concerning the issues in dispute nor shall it be represented by eitR _p�,s,tQthe FEB 1 4 2003 WILLIAMSON CAD 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 25.25(d), Texas Tax Code, Defendant Williamson County Appraisal District shall revise the 2001 appraisal roll to reflect the following appraised values for the property that is the subject of this lawsuit: ACCOUNT NO. LEGAL DESCRIPTION APPRAISED VALUE R407646 AW0297 HOLDER, P.A. SUR, $1,276,607 ACRES 91.284 R407647 AW0297 HOLDER, P.A. SUR, $23,454 Acres 15.636 3. The undersigned parties shall, as soon as possible following execution of this Agreement, do or cause their attorneys to do whatever is reasonably necessary to effect this Agreement. Defendants Williamson County Appraisal District and Williamson County Appraisal Review Board 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, except for any interest on the refund which is hereby waived by Plaintiff. 4. Plaintiff will be liable for the penalty imposed by § 25.25(d) of the Texas Tax Code. 5. All costs and attomeys fees are to be borne by the party incurring them. 6. All other relief not specifically granted herein is denied. 2 Signed this (ot day of 1rU O.r , 2003 APPROVED AS TO FORM AND SUBSTANCE: 0.04 (/ Alan Notinger State Bar No. 15118250 Glast, Philips & Murray, P.C. 2200 One Galleria Tower 13355 Noel Road, L.B. 48 Dallas, Texas 75240 -6657 (972) 419-8300 (972) 419 -8329 (fax) ATTORNEY FOR PLAINTIFF *di e 11.1/ Robert Mott State Bar No. 1 96450 Sandra Griffin State Bar No. 00791280 Perdue, Brandon, Fielder, Collins & Mott, L.L.P. P.O. Box 144344 Austin, Texas 78714 -4344 (512) 302-0190 (512) 302 -1802 (fax) ATTORNEYS FOR DEFENDANT S 3 JUDGE PRESIDING Total Appraised Value: Non -Taxed Exempt: Homestead: Over 65: Disabled Veterans: Homestead Disability: Total Taxable Value: Frozen Tax: Williamson County Appraisal District Supplementary Change Entities: GWI RFM SRR CRR Parcel / Record No: R407647 Name: LEGENDS VILLAGE L P Address: STE 400 Address: 5255 VILLAGE CREEK DR City, State, ZIP: PLANO, TX 75093 Legal Description: AW0297 HOLDER, P.A. SUR., ACRES 15.636 Situs Address: PALM VALLEY BLVD E RR Personal Property Value: Improvement Non - Homesite Value: Improvement Homesite Value: Land Non - Homesite Value: 242,098 23,454 Land Homesite Value: Ag Market Value: Ag Use: Wm. T. Carroll, Chief Appraiser Old Value New Value Year: Supplement # 242,0981 >n 23,454 242,098 23,454 Amount: Reason for Changes Agreed judgment value signed 2/6/03 Date: 3/18/03 Appraiser: Date: Entities: GWI RFM SRR CRR Parcel / Record No: R407646 Williamson County Appraisal District Supplementary Change Name: LEGENDS VILLAGE L P Address: STE 400 Address: 5255 VILLAGE CREEK DR City, State, ZIP: PLANO, TX 75093 Legal Description: AW0297 HOLDER, P.A. SUR., ACRES 91.284 Situs Address: PALM VALLEY BLVD E RR Personal Property Value: Improvement Non - Homesite Value: Improvement Homesite Value: Land Non - Homesite Value: Land Homesite Value: Ag Market Value: Ag Use: Total Appraised Value: Non -Taxed Exempt: Homestead: Over 65: Disabled Veterans: Homestead Disability: Total Taxable Value: Frozen Tax: Old Value New Value 1,414, 902 1,276,607 1,414, 902 1,276,607 1,414,902 1,276,607 Year: Amount: Reason for Changes Agreed judgment value signed February 6, 2003 Wm. T. Carroll, Chief Appraiser ��l � Date: 3/18/03 Appraiser: Date: Supplement # DATE: May 15, 2003 SUBJECT: City Council Meeting — May 22, 2003 ITEM: * 11.C.4 Consider a resolution authorizing a property tax refund to Legends Village, LP for 2001 taxes in the amount of $1,142.04. Resource: David Kautz, Assistant City Manager Cindy Demers, Finance Director History: 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 2001 tax roll. Funding: The General and Debt Service Operating Budgets Cost: $1,142.04 Source of Funds: The General and Debt Service Operating Budgets Outside Resources: N/A Impact/Benefit: Required process set by law. Public Comment: N/A Sponsor: Finance Department