R-04-02-26-8C2 - 2/26/2004RESOLUTION NO. R -04-02-26-8C2
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, i f such amount exceeds $ 5 0 0.0 0, 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, Crystal Creek, L.P. has made an
overpayment or erroneous payment of 2001 taxes in the amount of
$1,383.37; 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 $1,383.37.
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/R40226C2.WPD/SC
RESOLVED this 26th day of February, 2004.
E WELL, ayor
City of Round Rock, Texas
AT ST
�' p • V )l .
CHRISTINE R. MARTINEZ, City Secret y
�
q
W
W
O
W
h
r r
M M
O
M M
m m
M M
H ri
H
a
0
Q
F
uFi
a
H
Lf)
z
z
N
H
O
o
�
H
M
H
w
q
w
H
O
N
M
Q
0
F,
O
M
N
O .Y.
F
O U
Ha-
H
-x
U
CO a C,4
Q
�
N
Q • •
r -I
zwo
OH OF
w
w
F W
H
r
UaM
W
N
a
aaa)0
w
o
o
N
0
aH
HH
m�
a
a
a
w
a
x
a
a
qM
H x m
a co N
[7yi Xt
w
aa�
p�Ln
Lo
o
uuMa
M W
W
H
a
N O%
N W
FC
PO FC RC
0U1:4 U
W
•�
N
w
�
wFo
�
q�h
Q
COHo
w
M
i
0
O
a O
U
�
oaw
x
Ln
U m
N U
U %D
H F
M
H
0
0
0
-7 -' `Y dfiamson County Appraisaf District
Board of Directors
Ercel Brashear, Chairman
Robert Tagge, Vice -Chairman
Leslie Hill, Secretary
Deborah Hunt
Don Paull
Bill Carroll, Chief Appraiser
billlc®wcad.org
'. V
. Y
510 W. 91h Street
Georgetown, Texas 78626
(512) 930-3787 —Austin Metro
(512) 352-8542 —Taylor Metro
(512) 930-0391 — Facsimile
RECD DEC Q 4 2003
December 2, 2003
Jim Nuse, City Manager
City of Round Rock
221 E. Main
Round Rock, Texas 78681
Re: Cause No: 01-471-C26; Crystal Creek Limited Partnership v.
Williamson CAD
Dear Mr. Nuse:
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,
Vim e"10&
Bill Carroll
Chief Appraiser
BC/Idb
Enclosure
cc: Forrest Child, A/C
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P.
HOWARD PERDUE'
LARRY BRANDON
C. DAVID FIELDER
JAMES 0. COLLINS
ROBERT MOTT
GEORGE DOWLEN
KEVIN BRENNAN
HAROLD LEREW
GREGG M. McLAUGHLIN
G. BRUCE MEDLEY
DONALD B. ROSEiMAN
TERRY G. WISEMAN
MICHAELI. DARLOW
JOSEPH T. LONGORIA
TERRY ANN WHITE
TAB BEALL
DAVID A. ELLISON
*Retired
The Honorable Bonnie Wolbrueck
District Clerk, Williamson County
P.O. Box 24
Georgetown, Texas 78627-0024
NOV 2 6 2003
VALLI 120'N CAD
RE: CauseNo.01-471-C26; Crystal Creek Limited Partnership v. Williamson County Appraisal
District
Dear Clerk:
Enclosed for filing is an Agreed Judgment in the above referenced cause of action. Please
present it 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.
at FILED Sincerely,
- .=o'C1or-k
��M r
NOV 1 4 2003
�.San dra Grif7
01wo elej G >j;y
�L
TX
cc: Mr. Bill Carroll, Chief Appraiser, Williamson County Appraisal District
Mr. Scott E. Breen, Attorney for Plaintiff
AMARILLO ARLINGTON AUSTIN LUBBOCK HOUSTON MIDLAND WICHITA FALLS TYLER
LAURA L MONROE
JEANMARIE BAER `
LYNN STA VINOHA
DAVID S. CRAWFORD
ATTORNEYS AT LAW
CARL 0. SANDIN
6300 LA CALMA
JASON L. BAILEY
OWEN N. SONIK
SUITE 450
ELKE L. DANIEL
AUSTIN, TEXAS 78752
DAVID HUDSON
R. GREGORY EAST
ELIZABETH BANDA
TELEPHONE (512) 302-0190
KAREN EVERTSON
FACSIMILE (512) 302-1802
YOLANDA M. HUMPHREY"
TRACY CRITES
JOHN T. BANKS
SANDRA GRIFFIN
SERGIO E. GARCIA
November 13, 2003
a"IIV'
NOV 2 6 2003
VALLI 120'N CAD
RE: CauseNo.01-471-C26; Crystal Creek Limited Partnership v. Williamson County Appraisal
District
Dear Clerk:
Enclosed for filing is an Agreed Judgment in the above referenced cause of action. Please
present it 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.
at FILED Sincerely,
- .=o'C1or-k
��M r
NOV 1 4 2003
�.San dra Grif7
01wo elej G >j;y
�L
TX
cc: Mr. Bill Carroll, Chief Appraiser, Williamson County Appraisal District
Mr. Scott E. Breen, Attorney for Plaintiff
AMARILLO ARLINGTON AUSTIN LUBBOCK HOUSTON MIDLAND WICHITA FALLS TYLER
CAUSE NO. 01-471-C26
CRYSTAL CREEK LIMITED
PARTNERSHIP,
Plaintiff
V.
WILLIAMSON COUNTY APPRAISAL
DISTRICT,
Defendant
RECEIVED
Nv0 2 6 2003
1,J`,,.-'1 L L I A M S 0 'A' CAD
IN THE DISTRICT COURT
WILLIAMSON COUNTY, TEXAS
AGREED JUDGMENT
26TH JUDICIAL DISTRICT
CAME TO BE HEARD, Crystal Creek Limited Partnership, 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 n t mt erity either party A
NOV 2 1 2003
,1�<_ „v
RECEIVED
NOV 2 6 2003
V:"ILLI PASON CAD
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 Legal Description Appraised Value
R315875 Crystal Park Lt 3 Blk B Amended $6,000,000
(Amended), Block B, Lot 3A
Acres 6.433
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.
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
2003.
1
JUDGE PRESIDING
2
APPROVED AS TO FORM AND SUBSTANCE:
F" V
Kliewer, Breen, Garatoni, Patterson & Malone, Inc.
1100 N.E. Loop 410, Suite 801
San Antonio, Texas 78209
(210) 821-6789
(210) 821-6999 (fax)
ATTORNEY FOR PLAINTIFF
aC
RobeState ZrBaNo. 145950
Karen Evertson
State Bar No. 0079.7745
Sandra Griffin
State Bar No. 00791280
Perdue, Brandon, Fielder, Collins
& Mott, L.L.P.
6300 La Cahna Drive, Suite 450
Austin, Texas 78752
(512) 302-0190
(512) 302-1802 (fax)
ATTORNEY FOR DEFENDANT
3
NOV 2 6 2003
Williamson County Appraisal District
Supplementary Change
Entities: GWI,RFM,SRR,CRR
Parcel / Record No: R315875
Name: CRYSTAL CREEK LTD PRTNSHP
Address: POBX49133/595 BURRARD#2373
Address: VANCOUVER V7X1J1
City, State, ZIP: CANADA
Legal Description: CRYSTAL PARK LT 3 BLK B AMENDED (AMENDED), BLOCK B, LOT
3A, ACRES 6.433
Situs Address: 600 GREENHILL DR
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:
ue
5,728,973 5,299,447
Year:
553
Reason for Changes Agreed value 'ud me
Wm. T. Carroll, Chief Appraiser
Appraiser:
Supplement #
III
Amount:
nt signed 11/20/03
Date: 12/2/03
Date:
DATE: February 20, 2004
SUBJECT: City Council Meeting - February 26, 2004
ITEM: *8.C.2. Consider a resolution authorizing a property tax refund to Crystal
Creek, LP for 2001 taxes in the amount of $1,383.37.
Department: Finance
Resource: Cindy Demers, Finance Director
Justification: 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: $1,383.37
Source of Funds: The General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information: State law requires that property tax refunds in excess of
$500 be approved by the governing body.
Public Comment: N/A