R-12-12-20-E4 - 12/20/2012RESOLUTION NO. R -12-12-20-E4
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, HEB Grocery Company, LP has made an overpayment or
erroneous payment of 2011 taxes in the amount of $9,953.95; 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 $9,953.95.
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.
RESOLVED this 20th day of December, 2012.
r l
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
- QOL - kOOY7
SARA L. WHITE, City Clerk
0 \wdox\SCC Ints\0112\ 1204\MUNICIPAL\0026413 2. DOC
to w
H
xLn x -1 (nl (A r
m m m O w\
7nC o n CC m N
o x oz O
ro o \
� b Y orro� o
Iq oo m off H
m 0 0 m M H N
tyynrorox not cnrobx HHSzCKMo
zoo
o W N HroN K C70mtn
O O m m ^7
n o+
y..
� nr ozzO - O
z M z oo~
\R O }!KN O t1i H .3
V�. Zn bH SaCc ron x x kn nrox 0HUMO C
E -qH3m x
Di on z co
O b N l<OR7 N OMzro
ro r m � m
OD d nix z
r w r M NM w to t, In b ro�� � ro ,'U ' 1 U ro H
HroKH
'�] n to o toU1 Cm] N
ZC 0 to O N w �o 0 m H H m
n n y ro y ro a °ulz
n N yry yry z
o m o ro K
11
r� 54
m O
l,R m OCH rCi [M'�H H�Oi 3[x•1
H no r o ul
N m �n n w ro H �Hbi
x1 .ro
H HiH
b b m b m M
n ntn0xu n xo u Nvlo
n M -3 In n r m In *1 o m r
C wz IwON p o QMH M Nrr
^L' M NH 2C' Hstm� n NnR
O H an in ti+ H b;a w iN a n~i HUOi Hti
Lncn o H�roHH ��2
m \ \ H M fn
r H M o a N p V K
O� q N co
n r\ q N,7o1y
\- R7'�'NN b O y m
Hoo - m o0
NH \
d' 1 %n rHr Ch rrm N 3
T m N N W N N
11tG O � N H N w r H N
C, H iP y 1'' N
N N N
�I �• Q V VI P ;q
r m
��} n m n m H 3
7C N N N q H
_ 1'JH .4 H n rzi
2 � yb bb x 3
v
n -C %D ID ID
n c ID Ln in ,n .n
w J -1 a% 01 �j0
�• `J O In w w N N 0
r
M
V1 r O
_ ^ z
V_
G
04 NAA ,
'bYfCiamson CentraC!
appraisal District
625 F.M. 1460
Georgetown, Texas 78626
(512) 930-3787—Austin Metro November 16, 2012
(512) 930-0391— Facsimile
www.wcad.org
Steve Norwood, City Manager
Board of Directors City of Round Rock (CRR)
Harry Gibbs, Chairman 221 E. Main
Deborah Hunt, Vice Chairman Round Rock, TX 78681
Cecilia M. Crowley, Secretary Re: Cause No: 11-896-C26; H.E. Butt Grocery Co. As Owner and Lessee v.
Rufus Honeycutt 11 Williamson Central Appraisal District
Charles Chadwell 11
Dear Mr. Norwood:
A settlement has been reached on the above referenced lawsuit for the tax year
2011. 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
Chief Appraiser has agreed to waive the interest due.
Alvin Lankford
(512)931-7826 If you have any questions, please feel free to call.
alvinl(@wcad.ors
Sincerely,
"We will provide quality
service with the highest Alvin Lankford
standards of professionalism, I Chief Appraiser
integrity and respect. We will
uphold these standards while AL/a b
providing an accurate, fair
and cost-effective appraisal Enclosure
roll in compliance with the
laws of the State of Texas" "/Cc: Forrest Child, A/C cc: Cheryl Delaney, Finance Director CRR
CAUSE NO. 11-896-C26
1I.E. BUTT GROCERY CO. AS OWNER
AND LESSEE,
Plaintiff,
V.
NVILLIAMSON CENTRAL APPRAISAL
DISTRICT,
Defendant.
IN THE DISTRICT COURT OF
WILLIAMSON COUNTY, TEXAS
AGREED JUDGMENT
26' JUDICIAL DISTRICT
CAME TO BE HEARD, H.E. Butt Grocery Co. As Owner and Lessee, Plaintiff, and
Williamson Central 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 Plaintiffs property. Having heard these announcements 'and
reviewed the evidence and arguments of counsel, the Court is of the opinion that such terms and
conditions are well taken and should form the basis of this 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 bf 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 conceniug trket
or appraised value of the subject property within Defendant's jurisdictiona�M � 1�°t M
OCT 22 2012
`
44,�WLLIAMSON
RECEIVED
10/24/12
JJ CAD
Dlt�ii` as1//���� �Nl. if�%t11191 AOL4% ^- •ry
intended by either parry 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 Central Appraisal
District shall revise the 2011 appraisal roll to reflect the following appraised values for the
property that is the subject of this lawsuit:
Account No.
Description
2011 Value
R416110
Georgetown HEB #2, Acres 17.68
$11,215,000
R427402
S7987 — Stonecrest Retail Sub, Block A,
$ 6,125,000
Lot 2, Acres 7.6508
R074971
54822 - Town & Country Village Sec 3
$ 3,710,000
Phase 1, Lot 2 PT, Acres 4.307
R347609
Cedar Park Crossing Resub
$ 8,690,000
Lots 1-4, Lot A, Acres 8.902
R351322
HEB/620 Sub No. 2, Block A, Lot 1,
$ 7,515,000
Acres 13.111
R448044
S9467 — HEB Leander (Blk A Lt 1 Resub), Block
$21,450,000
A, Lot 1 pt, Acres 53.03, {R489743/No-T05 )
8452448
S9530 _ HEB #4 Sub (Blk 1 Lt I Replat),
$2400,000
Block 1, Lot IA PT, Acres 34.814
R454445 S8589 — Pasemann Addition, Lot 1,
Acres 18.176
$ 7,350,000
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 Central Appraisal District shall advise the appropriate
2
RECEIVED
10/24/12
1NILLIAMSON CAD
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 PIaintiff 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. Pursuant to Tax Code sections 42.43 (f) and 42.43 (g), the property owner has made a
designation for refund purposes. See attached completed Form 50-765, Exhibit A.
5. All costs and attorneys fees are to be borne by the party incurring them.
6. All other relief not specifically granted herein is denied.
Signed this i(J� " da
� y of 2012.
JUDGE PRESIDING
3
RECEIVED
10/24/12
WILLIAMSON CAD
APPROVED AS TO FORM AND SUBSTANCE:
ark Hutcheson
State Bar No. 00796805
David Hugin
State Bar No. 00787736
Popp Hutcheson PLLC
1301 S. Mopac, Suite 430
Austin, Texas 78746
(512)473-2661
(512) 479-8013 (fax)
ATTORNEYS FOR PLAINTIFF
ZRo"Nrofi—
StateBarNo.
14596450 (1/V
Sandra Griffin
State Bar No. 00791280
Christopher S. Jackson
State Bar No. 00796816
. Garol-Barton------
State Bar No. 00783610
Michael W. Balcezak
State.Bar No. 24012236
Perdue, Brandon, Fielder, Collins
& Mott, L.L.P.
3301 Northland Dr., Suite 505
Austin, Texas 78731
(512)302-0190
(512) 323-6963 (fax)
ATTORNEYS FOR DEFENDANT
4
RECEIVED
10/24/12
WILLIAMSON CAD
EXHIBIT
Ll -
RECEIVED
10/24/12
WILLIAMSON CAD
Designation of Tax Refund
Property Tax
Form 50-765
Pursoaht to Texas Tax Code Section 42A% a proporW owner who prevatta In an appeal of an appraisal review board determination
of valu6 to district court may designate to v0horn and/or where a property tau refund is to be sent.
By co nlilletirtg Ahle foray you (Property Owner) provide that the refund resulting.from a post appeal Judgment will bo delivered to
the deignated Individual or firm. The entire form must be completed for the local tax office to process the refund.
TAXING UNIT INFORMATION (lb*Q tm txaoo Name
WILLiAMSON COUNTY TAX OFFICE
Melting Adders
904 S. MAIN STREET
city -raft or Pad Of ice.-stade, ZIP Code
TX78626
Property owner Name and Ad*c=
TOWN & COUNTRY VILLAGE LTD
2701 MOUNTAIN LAUREL DR
AUSTIN,TX 78703-1139
Pmperb Dentptom glto tr Rodes *gbn cv a0w*nlhmrdm a copy of lire taxrso*t)
W22 - Town & Cotmtry Village Seo 3 Phase 1, Lot 2 PT, ACRES 4.307
Property Acomtt Number or Statement Number.
R074971(2011r SEE AGREED JUDGMENT FOR ADDIT40NAL PROPERTIES
Find Judgment cause Number. (FYe w P mWe eras nuntwj
11-896-C28
ASSIGNMENT ♦ TO • REFUND
I am the property owner or a duly authorized representative of the properly owner entitled to a refund of ad valorem
taxes artsing from an appeal under Texas Tax Code Chapter 42.13y executing this Assignment of Right to a Refund,
the property owner assigns all d" and Interest for the tax refund to be delivered to the designated Individual or firm.
James E. Popp hetabydeslgnate the raAaid on the above named properly be sent to the follwft:
Ptoses check appropriate box (chock orgy one box)
❑ Property Owner— W using di fermrt address than above Intormaton, please provide in the space below.
GfBuslnaas office of attorney olftcord In the appeal boded at the following mating address;
13 Another lxtvldual and address as designated In the following Irdohmatonn
N1e .POPP HUTCHESON PLLC
Ad kr 13018 Mo Pao Expressway Suite 430
cay AUdn
state TX
ZIP 78746
SIGN THE • •
10/16/12
Pmpody Owner or Only Augx dzW Roprosantatvo Date
The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax For more information, visit our Web site:
Information and resources for taxpayers, local taxing entities, appraisal districts and appraisal review boards. www.window.state.tx.us/iaxinfo/propfax
50.765RtED
10/24/12
WILLIAMSON CAD
Designation of Tax Refund
Property Tax
Form 50-765
Pursdmnt to Taxes Tlax Code Section 42A3, a property owner who prevails In an appeal of an appraisal review board determination
of vatua to district court -may designate to whom and/or where a property tax refund Is to be sent.
By -completing this form, you (Property Owner) provide that the refund resulting from a post appeal judgment will be delivered to
the doignsted Individual or firm. The entire form must be completed for the local tax office to process the refund.
TAXir!G UNIT INFORMATION
tro ;Ai M -Q Udq offloatum
ROUND ROCK ISD TAX, OFFICE Wor City of Round Rock
MAreg Address
1311 ROUND ROCK AVENUE
ClbA 1'I;"cr Post ONce, State, ]9P Code
ROUND ROOK, TX. 78681
PropodyOwner Ham and Address:
TOWN & COUNTRY VILLAGE LTD
2701 MOUNTAIN LAUREL DR
AUSTW,TX 787034139
Property Ceso"on: fi'ovkk lege►deser(oduh orofrrer4ftmatbn Atm apprawwoods auf *ntto kbnw the prnpsry orafth a oopyor the tax rso*Q
S4822 - Town & Country Village Sec 3 Phase 1, Lot 2 PT, ACRES 4.307
Property Account Number or Stetemont Waben
R074971 (2011); SEE AGREED JUDGMENT FOR ADDITIONAL PROPERTIES
F" Mwnent Cause Number lis provlds erd V M"9wJ
11-896-C26
ASSIONNIENT
OF • A REFUND
I am the property owner or a duly authodzed representative of the property owner entitled to a refund of ad valorem
taxes arising from = appeal under Texas Tax Code Chapter 42. By executing this Assignment of Right to a Refund,
the property owner assigns all rights and -interest for the tax refund to be delivered to the designated individual or firm.
, James E. Popp hereby designate the refund on the above named property be sent to theldfowGq:
Planes attack appropdate box (cheek only one bo)Q
❑ Property Owner -11 weft dfflamnt address than above information, please provide In the space bolow:
ou*ma ofllos of allmnq or record In the appeal located at the following meting Address:
❑ AnothorIndNddualertd address as designated in the following Irf matlow
Nme POPP HUTCHESON PLLC
Add," 13018 Mo Pao Expressway Suite 430
qty Austin
State TX
78746
!�.� --J?4
10!16/12
Ode
The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides propertytax For more Information, visit our Web site:
Information and resources4ortaxpayers, local taxing entities, appralsai districts and appraise(•reviewboards. www.window.statetx.usltaxinfo/pmptax
50-7ef IUMNAD
10/24/12
WILLIAMSON CAD
Entities:
Parcel / Record No:
Name:
Address:
Address:
Address:
City, State, ZIP:
Williamson Central Appraisal District
Supplementary Change 2011
GWI RFM SRR CRR J01 W09
R-16-3976-0001-0001 (R452448)
HEB GROCERY COMPANY LP
ATTN: PROPERTY TAX DEPT
PO BOX 839999
SAN ANTONIO, TX 78283-3999
Legal Description: SEE ATTACHED AGREED JUDGMENT
Situs Address: 1700 PALM VALLEY BLVD E, ROUND ROCK, TX 78664
Personal Property Value:
Improvement Non-Homesite Value:
Improvement Homesite Value:
Land Non-Homesite Value:
Land Homesite Value:
Ag Market Value:
Ag Use:
Total Market Value:
Non -Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value:
Frozen Tax:
Old Value New Value
26,825,000 24,600,000
Year: " Amount:
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alvin Lankford, Chief Appraiser Date: 11/13/2012
Supplement # 16
17,644,400
19,869,400:: ``
6,955,600
6,955,600
24,600,000
26,825,000-:<
26,825,000 24,600,000
Year: " Amount:
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alvin Lankford, Chief Appraiser Date: 11/13/2012
Supplement # 16
Williamson Central Appraisal District
Supplementary Change 2011
Entities: GWI RFM SRR F91 J01 M12 W09
Parcel / Record No: R -16-3978-000A-0001 (R351322)
Name: H E BUTT INC
Address: PROPERTY TAX OFFICE
Address: PO BOX 839999
Address:
City, State, ZIP: SAN ANTONIO, TX 78283-3999
Legal Description: SEE ATTACHED AGREED JUDGMENT
Situs Address: 16900 RR 620, ROUND ROCK, TX 78681
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alvin Lankford, Chief Appraiser Date: 11/13/2012
Supplement # 16
Old Value
New Value
Personal Property Value:
Improvement Non-Homesite Value:
4,594,851
4,329,606
Improvement Homesite Value:
Land Non-Homesite Value:
3,185,394<`!_;
3,185,394
Land Homesite Value:
Ag Market Value:
Ag Use:
Total Market Value:
7,780,245
7,515,000
Non -Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value:
7,780,245:.":
7,515,000
Frozen Tax:
Year:
Amount:
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alvin Lankford, Chief Appraiser Date: 11/13/2012
Supplement # 16
Williamson Central Appraisal District
Supplementary Change 2011
Entities: GWI RFM SRR CRR J01 W09
Parcel / Record No: R -16-5559-000A-0002 (R427402)
Name: HEB GROCERY COMPANY LP
Address: PROPERTY TAX DEPT
Address: PO BOX 839999
Address:
City, State, ZIP: SAN ANTONIO, TX 78283-3999
Legal Description: SEE ATTACHED AGREED JUDGMENT
Situs Address: 3750 GATTIS SCHOOL RD, ROUND ROCK TX
78665
Old Value
4; New Value
Personal Property Value:
Improvement Non-Homesite Value: 4, 12,387?,'_'?
4,185,374
Improvement Homesite Value:
Land Non-Homesite Value: 1,939,626'<
1,939,626
Land Homesite Value:<
Ag Market Value:
Ag Use:
Total Market Value: 6,252,013':
6,125,000
Non -Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value: 6,252,013 ; 6,125,000
Frozen Tax:
_ Year: '- Amount:
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alv; ! -„' ford, Chief Appraiser Date: 11/13/2012
Supplement # 16
Williamson Central Appraisal District
Supplementary Change 2011
Entities: GWI RFM SRR CAU J01 W09
Parcel / Record No: R-16-5572-0000-0002 (R074971)
Name: TOWN & COUNTRY VILLAGE LTD
Address: 2701 MOUNTAIN LAUREL DR
Address:
Address:
City, State, ZIP: AUSTIN TX 78703-1139
Legal Description: SEE ATTACHED AGREED JUDGMENT
Situs Address: 12860 RESEARCH BLVD, AUSTIN, TX 78759
Old Value
New Value
Personal Property Value:
y;
Improvement Non-Homesite Value: 2,343,202
',.. 2,160,964
Improvement Homesite Value:
Land Non-Homesite Value: 1,549,036;.:;
1,549,036
Land Homesite Value:
Ag Market Value:�-
Ag Use:
Total Market Value: 3,892,238
3,710,000
Non -Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value: 3,892,238 `:'' 3,710,000
Frozen Tax: Year: -�` Amount:
Reason for Changes: Per Agreed Judgment signed 10/22/12
Alvin Lankford, Chief Appraiser Date: 11/13/2012
Supplement # 16
ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. E4. — CONSENT
Consider a resolution authorizing a property tax refund to HEB Grocery Co. LP for 2011
Agenda Caption: taxes in the amount of $9,953.95.
Meeting Date: December 20, 2012
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
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 2011 tax rolls.
Cost: $9,953.95
Source of Funds: General Fund
Recommended Action: Approval