R-03-05-22-11C5 - 5/22/2003RESOLUTION NO. R- 03- 05- 22 -1105
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, CIN Boardwalk, LP has made
an overpayment or erroneous payment of 2001 taxes in the amount of
$9,133.81; 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 $9,133.81.
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.
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ATTEST:
RESOLVED this 22nd day of May, 2003.
CHRISTINE R. MARTINEZ, City Secretary
2
;,►T" E 'i W LL, Mayor
ity of Round Rock, Texas
04/11/2003 09:40:41
TC536
ADJUSTMENT REFUNDS
ACCOUNT NUMBER SUIT
UNP TOT YEAR UNIT OWNER NAME PENDING RECEIPT DATE VALIDATION# STAT AMOUNT ADJ REASON(S)
3406 -0000 -0001
P 2001 02 CIN BOARDWALK L P 20053115 04/11/2003 30411092510 RF 8,125.15 VALUE DECREASED
CHECK PAYEE: CIN BOARDWALK L P CHECK TOTAL: 8,125.15
2100 MCKINNEY AVE STE 700
DALLAS TX 75201-
4109 - 0000-0001
8 2001 02 CIN BOARDWALK L P 20053116 04/11/2003 30411093345 RF 1,008.66 VALUE DECREASED
CHECK PAYEE: CIN BOARDWALK L P CHECK TOTAL: 1,008.66
2100 MCKINNEY AVE STE 700
DALLAS TX 75201-
TOTAL POST PERIOD CREDIT 0.00
TAX COLLECTION SYSTEM
REFUNDS SELECTED REPORT
FROM: 04/11/2003 TO: 04/11/2003
MINIMUM DOLLAR AMOUNT: $
TOTAL ALL ACCOUNTS 9,133.81
PAGE: 1
0
Board of Directors
Ercel Brashear, Chairman
Robert Tagge, Vice - Chairman
Deborah Hunt, secretary
Leslie HUl
Don Paull
Bill Carroll, Curet Appraiser
wtc-wcad@texas.net
Williamson County Appraisal - District
April 9, 2003
David Kautz, Chief Finance Director
City of Round Rock
211 E. Main
Round Rock, Texas 78681
Re: Cause No: 01- 461 -C277 CIN Boardwalk, LP v. Williamson CAD
Dear Mr. Kautz:
A settlement has been reached on the attached referenced lawsuit for the
tax years 2001 and 2002. 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,
age ewe
Bill Carroll
Chief Appraiser
BC /Idb
Enclosure
cc: Forrest Child, A/C
510 W. 9 Street
Georgetown, Texas 78626
(512) 930 -3787 — Austin Metro
(512) 352 -8542 — Taylor Metro
(512) 930 -0391 — Facsimile
RECEIVED
APR 0 8 2003
WILLIAMSON CAD
CIN BOARDWALK, LP, IN THE DISTRICT COURT OF
Plaintiff
WILLIAMSON COUNTY, TEXAS
WILLIAMSON COUNTY APPRAISAL
DISTRICT,
CAUSE NO. 01- 461 -C277
Defendant 277 JUDICIAL DISTRICT
AGREED JUDGMENT
CAME TO BE HEARD, CIN Boardwalk, LP, 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 agre ent is c f v ended h) party
APR 022003
District Cl� C er Williamsonn o., Tx
as an admission concerning the issues in dispute nor shall it be represented by either party as to the
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 2001 appraisal roll to reflect the following appraised values for the property
that is the subject of this lawsuit:
Account Number Property Description Appraised Value
R362158 2601 IH 35 South $16,835,000
BOARDWALK 2 SUB SEC 6
LOT 1; 19.891 Acres
R362159
2541 11135 South
HOME DEPOT, LOT 1
1.349 Acres
3. There will be no value change for 2002.
6. All other relief not specifically granted herein is denied.
2
$1,665,000
4. 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.
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.
5. All costs and attorneys fees are to be borne by the party incurring them.
r7PP. 10 '03 1520 FR FQPP IKFP.D 512 479 8013 TO 3021802
•■, •w ue,a reraue nranaon 512302,1802
I 10 '03 1529
Signed this
Mark Hutcheson
State Bar No.
Popp & Beard, L.L.P.
The Pierre Bremond House
402 W. 7 Street
Austin, Texas 78701
(512) 473-2661
(512) 479-8013 (Fax)
ATTORNEY FOR PLAINTIFF
Robert Mott
State Bar No. 1459
Karen Evertson
State Bar No 00797745
Sandra Griffin
State Bar No. 00791280
Perdue, Brandon, Fielder, Collins
& Mott, L.L.Y.
6300 La Calma Drive, Suite 450
Austin, Texas 78752
(512) 302 -0190
(512) 302 -1802 (fax) .
ATTORNEY FOR DEFENDANT
day of
JUDGE PRESIDING
APPROVED AS TO FORM AND SUBSTANCE:
,
2003.
is/ 6,2._)
3
P.05/05
P .5
** TOTAL PAGE. 05 **
Parcel / Record No: R362158
Name:
Address:
Address:
City, State, ZIP:
Total Appraised Value:
Non -Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value:
Frozen Tax:
Reason for Changes
Wm. T. Carroll, Chief Apprais
Appraiser:
Williamson County Appraisal District
Supplementary Change 2001
Entities: GWI, RFM, SRR, CRR, R70
CIN BOARDWALK L P
2100 MCKINNEY AVE STE 700
DALLAS, TX 75201
Legal Description: BOARDWALK 2 SUB SEC 6, LOT 1, ACRES 19.891
Situs Address: 2601 35 IH S RR
Personal Property Value:
Improvement Non - Homesite Value:
Improvement Homesite Value:
Land Non - Homesite Value:
Land Homesite Value:
Ag Market Value:
Ag Use:
Old Value
Year:
4,332,260
19,357,790
Supplement #
New Value
15,025,530 12,502,740
4,332,260
19,357,790 16,835,000
16,835,000
Amount:
Agreed value judgment signed 4/1/03
Date: 4/9/03
Date:
Entities: GWI, RFM, SRR, CRR, R70
Parcel / Record No: R362159
Name: CIN BOARDWALK L P
Address: 2100 MCKINNEY AVE STE 700
Address:
City, State, ZIP: DALLAS, TX 75201
Legal Description: HOME DEPOT, LOT 1, ACRES 1.349
Situs Address: 2541 35 IH S 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:
Frozen Tax:
Wm. T. Carroll, Chief Appraiser
Appraiser:
Williamson County Appraisal District
Supplementary Change 2001
Old Value New Value
1,331,799 1,018,618
646,382 646,382
1,978,181
1,665, 000
its
Total Taxable Value: 1,978,181 1,665,000
Year:
Reason for Changes Agreed judgment value signe 4/1/03
Supplement #
ate: 4/9/03
Date: 4/9/03
DATE: May 15, 2003
SUBJECT: City Council Meeting — May 22, 2003
ITEM: * 11.C.5. Consider a resolution authorizing a property tax refund to CIN
Boardwalk, LP for 2001 taxes in the amount of $9,133.81.
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:
Cost: $9,133.81
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
Mayor
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-
1105 at their regularly scheduled meeting on May 22, 2003. This
resolution approves the property tax refund to CIN Boardwalk, LP for
2001 taxes in the amount of $9,133.81.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to David Kautz
at 218 -5401.
Sincerely,
Sherri Monroe
Assistant City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept, 221 East Main Street • Round Rock. Texas 78664
Phone: p2.218.5400 - Fax: 512.218.7097 • www.ci.round- rock.tx.us