R-04-02-26-8C3 - 2/26/2004RESOLUTION NO. R -04-02-26-8C3
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, Loutex Rock, L.P. has made an
overpayment or erroneous payment of 2001 and 2002 taxes in the amount
of $3,377.81; 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 $3,377.81.
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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RESOLVED this 26th day of February, 2004.
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City of Round Rock, Texas
ATTEST:
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CHRISTINE R. MARTINEZ, City Secreta
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Board of Directors
Ercel Brashear, Chairman
Robert Tagge, Vice -Chairman
Leslie Hill, Secretary
Deborah Hunt
Don Paull
Bill Carroll, Chief Appraiser
WiCCiamslon Coun
510 W. 91h Street
Georgetown, Texas 78626
(512) 930-3787 — Austin Metro
(512) 352-8542 — Taylor Metro
(512) 930-0391 — Facsimile
December 4, 2003
David Kautz, Chief Finance Director
City of Round Rock
221 E. Main
Round Rock, Texas 78681
tsa( District
REO' 0 � 0 Q a 2003
Re: Cause No: 01-474-C277; Loutex Rock LP v. Williamson CAD
billicOwcad.org II 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,
vee e"Oee
Bill Carroll
Chief Appraiser
BC/Idb
Enclosure
cc: Forrest Child, A/C
12/04/2003 10:43 5123021802
o81 8/43 ]3:41 FAX 972419837"
LOUTEX ROCK LP,
PL%ntiif
V.
CLAST PHILLIPS NURRAX
CAUSE NO. 01474-0277
WILLIAwMON COUNTY APF"SA L
DISTMCx
IN THF DISTRICT COURT
WILLJ.AMSON COiANW, TEXAS
Defendant 277"' JUDICIAL DYSTRICx
AGREED JUDGMENT
PAGE 02/04
9 003
CAME TO BE HE11Ri3, Loutex Rock LP, Plaintiff, 9nd Williamson Comty Appraisal
District, Defendant, appearing by and through their attomeys of record, and announced to the Court
that the patties desired to resolve and settle the Matters in controversy in order to avoid the trouble,
expcwe, and unocxtainty of litigation. The parries announced that they have reached a fyaal
settlement regarding all issues of law and fact, including the appraised value of Plsiffff s prapedY
Having heard these announcements and reviewed the evidence and atgumente of counsel, the Court
is of the opinions that such termand conditions are well taken and should form the basis of
judgment
rr is THERF?FORE ORDERED. ADJUDGED, AND DECKM that the following
stipulations are aFeed by the parties and entered by the Court as its judgment.
1. The under4igned 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 thn puipose.o£eompromising And setffiU their
various claims, each as to the other. No other use of this stipulation mmay be aybe made by the parties
19
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SEP Z00�
dCt C1 gumlon Co., fix,
Dist
12/04/2003 10:43 5123021802
09/18/03 13:42 FAX 972_41111131'GLAST PHILLIPS �tURRAY
PAGE 03/04
Q004
concerning the claim of either party as to the other, whether having arisen in the past, now pending,
subsc cent disputes concerns the market or appraised value of
or to arse in the future, including q � S
the subject property within Defendaw's j u, isdiction, The avracment is not intended by either party
the issues in dispute nor sball it be represented by eithdr ply toe
as as admission concerning �
other as an admission Further, the existence, terms, and contents of this Agreed Judgment shall not
be admissible in any judicial or adIW;vISt ativc proceeding as against either ratty, oxeept as maybe
necessary to enforce the termsand conditions of said judgment.
2. Ptuauaat to Section x42.41, Texas Tax Code, Defendant W illiumon County Appraisal
District shall revise the 2001 and 2002 appraisal rolls to reflect the following appraised values for the
propaty that is the subject of this lawsuit:
Tax y= ccozmt No. Description Arw raised Value
2001 R374622 Reddy Addition, Block A $190,360
Lat 2, Acres 0.380
2001 8071236 Round Rock Center Scc 2, $1,659,640
Lot 1, Acres 1.9414
2002 8374622 Reddy AdditiuLj, Block A $190_160
Lot 2, Acres 0.380
2002 R071236 Round Rock Center Sec 2, $1,559,640
Lot 1, Acres 1.9444
3. The undersigned parties shall, as soon as possible following execution ofthia Agreement,
do or cause theist' attorms to do whatever is reasonably necessary to c$ect this Agreement.
Defendant Wiffisa on County Appraisal District shall advise the appropriate assessor -collector to
(1) change the tax roll a d other appropriate recordb according to the terms of this Agreement: (2)
prepare and doliver a corrected supplemental tai bill as required by Chapters 31 and 42, Texas Tax
Code; and (3) refund to Plaintiff any amount due pursuant to S ection 42.43, Texas Tax Code, c=Tt
2
32/04/2003 10:43 5123021802 PAGE 04/04
GLAST PHILLIPS MURRAY X 005
08/16/03 3,3:42 PAX 972 1983 �..— M1
£or a,y interest ox, the re£md which is hereby waived by P laintiff,
4. All WAS aA,d atLurue'Y3 £ccs are to be barna by the Ply iAawnring them•
5. All other relief not specifically grantedberein is denied.
Ada of �2003.
Signed thisy-2
is
MGE PRESIDINU
APPROVED AS TO FORM AND SUBSTANCE:
Alan S. Notingez
Staff Bar No. 1511.8250
G1ast, lPhfts & Murray, P.C.
2,200 Ono Galleria Tower
13355 Noel KoA L.B. 48
Dallas, Texas 75240-6657
(972) 419-8300
(972) 419-8329 (fax)
ATTORNEY FOR PLAIN I -T
3
*aoeatMottVV
State Bar No. 1.4596450
Sandra 0.rifl`in
State Bar No. 00791280
Perdue, Brandon, Fielder, Collins
& Mott, L.L.F.
6300 La Calma Drive, Suite A50
Austin, Texas 78752
(512) 302-0190
(512) 302-1.802 (fax)
ATTORNEY FOR DEFENDANT
BONNIE J. WOLBRUECK, DISTRICT CLERK
WILLIAMSON COUNTY, TEXAS
P.O. BOX 24
GEORGETOWN, TEXAS 78627
Williamson County Appraisal District
C/o Bill Carroll Chief Appraiser
510 West 9th Street
Georgetown, Tx 78626
NOTICE OF COURT ORDER
CAUSE NUMBER: 01-474-C277
277TH JUDICIAL DISTRICT �o
DATE ORDER SIGNED: 09-24-03 ~"u���8�8�����
LOUTEX ROCK LP 'IT 0 17003
VS.
WILLIAMSON COUNTY APPRAISAL DISTRICT Vw L'AMON
CAD
JUDGMENT
AN ORDER AS ABOVE INDICATED HAS BEEN SIGNED BY THE JUDGE
OF THE COURT AND FILED IN THE OFFICE OF THE DISTRICT CLERK.
GRIFFIN, SANDRA BONNIE J. WOLBRUECK
DISTRICT CLERK
SEPTEMBER 30TH, 2003
Williamson County Appraisal District
Supplementary Change 2001
Entities:
GWI RFM SRR CRR
Parcel / Record No:
R -16-5105-0000-0001(R071236)
Name:
LOUTEX ROCK LP
Address:
ATTN: RAY HILL
Address:
4099 MCEWEN #140
City, State, ZIP:
DALLAS, TX 75244
Legal Description:
ROUND ROCK CENTER SEC 2, LOT 1, ACRES 2.323, & REDDY
ADD, BLK A, LT 2
Situs Address:
1111 35 IH N
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:
Reason for Changes
Wm. T. Carroll, Chief Appraiser.
Appraiser:
d Value New Value
1,142,598:< 685,613
974,027 974, 027
116.625 >< 1.659
1,659
Year: ><>' Amount:
value iudament signed 9/24/03:no value chanqe on R374622
Supplement #
Date: 12/4/03
Date:
Williamson County Appraisal District
Supplementary Change 2002
Entities: GWI RFM SRR CRR W09
Parcel I Record No: R -16-5105-0000-0001(R071236)
Name: LOUTEX ROCK LP
Address: ATTN: RAY HILL
Address: 4099 MCEWEN #140
City, State, ZIP: DALLAS, TX 75244
Legal Description: ROUND ROCK CENTER SEC 2, LOT 1, ACRES 2.323, & REDDY
ADD, BLK A, LT 2
Situs Address: 111135 IH N
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:
Reason for Changes Agreed value
Id Value
1,142,598
974,027
2,116,625
Year:
116,625
Wm. T. Carroll, Chief Appraiser %V ;4f /—, 4-02��
Appraiser:
Supplement #
w Value
585,613
974,027
1.559.640
1,559,640
Amount:
no value change on R374622
Date: 12/4/03
Date:
DATE:
SUBJECT:
ITEM:
February 20, 2004
City Council Meeting - February 26, 2004
*8.C.3. Consider a resolution authorizing a property tax refund to
Loutex Rock, LP for 2001 and 2002 taxes in the amount of
$3,377.81.
Department:
Resource:
Finance
Cindy Demers, Finance Director
History: This refund is the result of an agreed judgment approved by
the appraisal district reducing the taxable value on the 2001
and 2002 tax rolls.
Funding: The General and Debt Service Operating Budgets
Cost: $3,377.81
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