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R-05-04-28-10C1 - 4/28/2005RESOLUTION NO. R -05-04-28-10C1 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, Fort Round Rock, LTD has made an overpayment or erroneous payment of 2004 taxes in the amount of $8,964.82; 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 $8,964.82. 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/R5O428C1.WPD/sc RESOLVED this 28th day of April, 2005. ATTEST: CHRISTINE R. MARTINEZ, City Secrtary 2 ELL, `Mayor ty of Round Rock, Texas E. N N N O E. 0 co co co o 0 to \o to CO T M CO 00 a) a 4 a a 0 a 6 z H 0 0 0 N XFm W0N E. 0 cn a 0 N W CO CO 01 E+H NO 0 Oa0 H W 0 OH EF co W v0ir U W an W W Ws wao 0aam a W o r aolN o U m rn a N E- r• a FWo 111 HH F a •• ] m U o O W co a a N W r H co0 N N M co 0 o r F N a EH . N w N 0 E. N 0 U N 0 o a 0 a> W a" aw z ouz a0o W a 0H CJ Z X w a El a H ]x0 000 �Z0 wn0 H Na W cZ H Z 0 E. 0 E. La O a O 4, N 4 ••UW W o r W O tna W •• W S. a H w cl H CO H W 0 H 4 CJ H o a o o 0 o [L o 0 U N HZo w as ▪ ka0Z o 0 U N t+l 0 C M U m U 0 N 0 O F g o REMITTANCE# STAT 4462314 DA TOTAL ALL ACCOUNTS COUNT OF REFUND CHECKS DATE: April 21, 2005 SUBJECT: City Council Meeting - April 28, 2005 ITEM: *10.C.1. Consider a resolution authorizing a property tax refund to Fort Round Rock, Ltd. for 2004 taxes in the amount of $8,964.82. Department: Finance Staff Person: Cindy Demers, Director of Finance Justification: 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 2004 tax roll. Funding: Cost: $8,964.82 Source of funds: General and Debt Service Operating Budgets Outside Resources: N/A Background Information: Required process set by law. Public Comment: N/A Board of Directors Don Paull, Chairman Robert Tagge, Vice -Chairman Harry Gibbs, Secretary Deborah Hunt Brig Mireles Bill Carroll, Chief Appraiser billlc@wcad.org Williamson County Appraisal District 510 W. 9th Street Georgetown, Texas 78626 (512) 930-3787 — Austin Metro (512) 352-8542 — Taylor Metro (512) 930-0391 — Facsimile March 11, 2005 Jim Nuse, City Manager City of Round Rock 221 E. Main Round Rock, Texas 78681 Re: Cause No: 04-813-C368; Fort Round Rock LTD v. Williamson County Appraisal District Dear Mr. Nuse: A settlement has been reached on the attached referenced lawsuit for the tax year 2004. 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. Sincerely, eile e2il Bill Carroll Chief Appraiser BC/abl Enclosure Vcc: Forrest Child, A/C CAUSE NO. 04-813-C368 FORT ROUND ROCK LTD, " IN ME DISTRICT COURT OF Plaintiff v. WILLIAMSON COUNTY, TEXAS WILLIAMSON COUNTY APPRAISAL DISTRICT, Defendant 368111 JUDICIAL DISTRICT AGREED JUDGMENT The parties, through their attorneys, have agreed to the terms of this judgment as evidenced by the signatures of their attorneys below. IT IS THEREFORE. ORDERED, ADJUDGED, AND DECREED that the value of the subject property is as follows: ACCOUNT NUMBER LEGAL DESCRIPTION YEAR AGREED VALUE R344159 Old Town Square Annex, Lot 1, Acres 1.707 2004 $646,478 R055673 AW0284 Harrell, S.M. Sur., Acres 3.419 2004 $6,053,522 It is further ORDERED that interest on the refund is denied and all legal fees are to be paid by the party incurring the same. All other relief not specifically granted herein is denied. Signed this � day o , 2005. FILED at n°rinn4 �R FEB 1 5 2005 _ .. _. _.no �.. , 0,64thji JUDGE BURT CARNES RECEIVED FEB 1.8 2005 WILLIAMSON CAD 02/11/2005 10:23 5124776636 APPROVED AS TO FORM AND SUBSTANCE; Lorri Michel State Bar No. 14009460 Michel Law Firm 1601 Rio Grande, Suite 4-43 Austin, TX 78701 (512)477-0200 (512)477-6636 (Fax) .ATTORNEY FOR PLAINTIFF Rob! Mott State : ar No. 1459.150 Karcn Evertson State Bar No. 00797745 Sandra Griffin State Bar No. 00791280 Perdue, Brandon, Fielder, Colllns & Mott, L.L.P. 6300 La Calma Drive, Suite 450 Austin, Texas 78752 (512) 302-0190 (512) 323-6963 (fax) AT'f ORNTRYFOR DEFENDANT 2 MICHEL LAW FIRM PAGE 03/03 RECEIVED FEB 1 8 2005 WILLIAMSON CAD Williamson County Appraisal District Supplementary Change 2004 Entities: GWI RFM SRR CRR Wd9 Parcel / Record No: R-16-0284-0000-0171 (R055673) Name: Address: Address: City, State, ZIP: FORT ROUND ROCK LTD 2630 EXPOSITION BLVD SUITE 203 AUSTIN, TX 78703-1763 Legal Description: AW028„4 HARREL, J.M. SUR., ACRES 3.419 Situs Address: ONE CHISOLM TRAIL RD ROUND ROCK, TX 78681 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: Old Value 7,297,434 1,116, 990 4,936,532 8,414,424 6,053,522 Total Taxable Value: 8,414,424 Frozen Tax: 6,053,522 Year: Amount: Reason for Changes Per Attached Agreed Judgment signed 2/15/05 Wm. T. Carroll, Chief Appraiser Appraiser: Supplement # Date: 03/11/05 Date: 1- 2 a ❑ U 1- 0 0 2 ❑ W 0 z 0 rn 0 0 0) 0 Xz N z 0 O re 7 m 0 ce U cE re0 2 LL 0 re aen } INVOLVED 0 0 ❑ J 0 LL 0 O M N CO re W 2 z 0) N U 0) 8 J 0 0 a LL ❑ uJ reW U Q 0 2 a A CC con 0