R-05-06-09-10A2 - 6/9/2005RESOLUTION NO. R -05-06-09-10A2
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, Bridge Foxfire Partners, LTD
has made an overpayment or erroneous payment of 2002 taxes in the
amount of $814.58; 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 $814.58.
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.
@PFDPsktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/RS0609A2.WPD/sc
RESOLVED this 9th day of June, 2005.
E +r L, Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretor(
2
Board of Directors
Don Paull, Chairman
Robert Tagge, Vice -Chairman
Harry Gibbs, Secretary
Deborah Hunt
Brig Mireles
Bill Carroll, Chief Appraiser
billIc@wcad.org
Williamson County Appraisal -District
May 10, 2005
510 W. 9'h Street
Georgetown, Texas 78626
(512) 930-3787 — Austin Metro
(512) 352-8542 — Taylor Metro
(512) 930-0391 — Facsimile
Jim Nuse, City Manager
City of Round Rock
221 E. Main
Round Rock, Texas 78681
Re: Cause No: 02-489-C368; Bridge Foxfire Partners LTD v. Williamson
County Appraisal District
Dear Mr. Nuse:
A settlement has been reached on the attached referenced lawsuit for the
tax years 2002 and 2003. The settlement was the result of an Agreed
Final Judgment between the District and the Plaintiff in this suit. (Please
see attached Agreed Motion for Final Judgment and Final Judgment).
The Plaintiff has agreed to waive the interest due.
If you have any questions, please feel free to call.
Sincerely,
e a eG'.ee
Bill Carroll
Chief Appraiser
BC/abl
Enclosure
Jcc: Forrest Child, NC
Williamson County Appraisal District
Supplementary Change 2002
Entities:
Parcell Record No:
Name:
Address:
Address:
City, State, ZIP:
Legal Description:
Situs Address:
GWI RFM SRR CRR W09
R-16-0130-0000-0049A(R055207)
BRIDGE-FOXFIRE PARTNERS LTD
% BRIDGE PARTNERS MGMT INC
2950 BUSKIRKAVE STE 312
WALNUT CREEK, CA 94596-2079
AW0130 CURRY, D. SUR., ACRES 9.478
2100 WILLOW BEND DR 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 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:
Per attached Final Judgment signed 4/22/05
74.1
re,,e ,d Date: 05/10/05
Date:
Supplement #
•
MAY 09 2005 09:30 FR NICHOLS JACKSON DILLA4 965 0010 TO 15129300391
. n,i' 14-cuu:.J inu UI.Jo ru tNX NU.
NO, 02-489-C368
BRIDGE FOXFIRE PARTNERS LTD
V,
WILLIAMSON COUNTY APPRAISAL
§ iN THE DISTRICT COURT
§
368Th JUDICIAL DISTRICT
§
DISTRICT § WILLIAMSON COUNTY, TEXAS
AGREED MOTION FOR FINAL JUDGMENT
TO THE I -HONORABLE JUDGE OF SAID COURT;
NOW COME Plaintiff, BRIDGE FOXFIRE PARTNERS LTD (`Plaintiff'), and
Defendant, WILLIAMSON COUNTY APPRAISAL DISTRICT, ("Appraisal District"), and file
this Agreed Motion for Final Judgment, and would respectfully show unto the Court as follows:
1.
This is a suit concerning the 2002 and 2003- appraisals for property tax purposes of certain
real property of Plaintiff located within the Appraisal District and identified by Appraisal District
account number R -16 -0I30 -0000-0049A (R055207).•
II.
All interested parties have been duly and legally served with, citation as required by law
and all conditions precedent to the acquisition of. jurisdiction by this Court have occurred or been
done. This Court has jurisdiction of the subject matter and all persons and parties herein, and all
matters in dispute between Plaintiff and Appraisal District have been compromised and settled
on the terms set forth below:
1. The parties agree that the appraisal rolls of the Appraisal District shall be modified
and corrected to reflect the value as set forth herein; and
2. The parties agree that the Appraisal District shall forthwith advise the Assessor for
P.02/2
P. 03
each affected taxing unit to (1) change the tax roll and other appropriate records to refiect l_eMEP
wne.
r
Agreed Motion for Final Judgment -- Page 1 of 2
APR 21 :11'5
amulet C/clerk. 4rtllliarma C
MAY 09 2005 09:31 FR NICHOLS JACKSON DILLA4 965 0010 TO 15129300391
{ nra-:9-Nu.' 'nu ul•au ril rtih IYU•
appraised value set forth above; (2) prepare and deliver a supplemental tax bill as required by
Chapter 31 and Chapter 42, Subchapter C of the Texas Property Tax Code; and (3) promptly
refund to Plaintiff any amounts due pursuant to Property Tax Code Section 42.43.
3. The parties acknowledge that Section 42.43 of the Texas Property Tax Code provides
for payment of interest on any refund made as a result of a final determination of an appeal which
decreases a property owner's tax liability. Plaintiff hereby waives any such applicable right to
receive interest on any refund generated as a result of the entry of the Final Judgment.
WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendant pray that this
Agreed Motion for Final Judgment be in all things granted; and for such other and further relief
to which the parties are justly entitled.
Respectfully submitted.
ICLIEWER, I3It2EN, GARATONI, PATTERSON
& MALONE, INCORPORATED
1777 N. E. Loop 410, Suite 850
San Antonio, Texas 782I7
(210) 821. 9; Pax: (210) 821-6999
By
.BREL
State B No. 02 00
ATTORNEYS FOR. PLAINTIFF
NICHOLS, JACICSON, DLLLARD, HAGER & SA ATH, L.L.P.
500 N. Alcard Street, Suite 1800
Dallas, Texas 75201
(214) 965-9900; Fax: (214) 965-0010
13y
PETER G. SMTTfI
State Bar No. 18664300
ATTORNEYS FOR DEFENDANT
1209 0035.1bridee parmers eprs uridec forfire_willtamaen V143\pldgengrd mtp lbr arta Ijam. wpc1
Agreed Motion for Final Judgment -- Page 2 of 2
P.03/0
r. u
** TOTAL PAGE.03 **
NO. 02-489-C368
BRIDGE FOXFIRE PARTNERS LTD
V.
WILLIAMSON COUNTY APPRAISAL
DISTRICT
IN THE DISTRICT COURT
368TH JUDICIAL DISTRICT
WILLIAMSON COUNTY, TEXAS
FINAL JUDGMENT
BE IT REMEMBERED that on the date set forth below, Plaintiff, BRIDGE FOXFIRE
PARTNERS LTD ("Plaintiff'), and the Defendant, WILLIAMSON COUNTY APPRAISAL
DISTRICT, ("Appraisal District") submitted this Final Judgment to the Court for approval
pursuant to their Agreed Motion for Final Judgment.
The Court, having reviewed the pleadings and the Agreed Motion for Final Judgment
containing the agreement of the parties, is of the opinion that this Final Judgment should be
granted.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the property which
is the subject of this cause (the "Property") consists of real property located within the Appraisal
District, and is identified by Appraisal District account number R -16-0130-0000-0049A
(R055207);
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Property had a
market value on January 1, 2002 in the amount of SIX MILLION AND NO/100 DOLLARS
($6,000,000.00);
Plaintiffnonsuited all causes of action and claims for the 2003 tax year and, therefore,
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all Plaintiffs causes
of action and claims for the 2003 tax year are dismissed without prejudice;
FINAL JUDGMENT — PAGE 1 OF 2
RECEIVED
MAY 0 2 2005
WILLIAMSON CAD
FILE®
at n'rinr4 _An
APR 2 2 2005
District Clerk, itliamson o.,
All costs of Court shall be taxed against the party incurring same.
All relief prayed for by either party hereto and not expressly granted is hereby DENIED.
This judgment finally disposes of all parties and all claims.
SIGNED this- day of ', 005.
Judge Presiding
APPROVED AS TO BOTH FORM
AND CONTENT:
KLIEWER, BREEN, GARATONI, PATTERSON
& MALONE, INCORPORATED
1777 N. E. Loop 410, Suite 850
San Antonio, Texas 78217
(210) 821-6789; Fax: (210) 821-6999
By
l
TT .BRE
State Ba No. 0 00
ATTORNEYS FOR PLAINTIFF
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
500 N. Akard Street, Suite 1800
Dallas, Texas 75201
(214) 965-9900; Fax: (214) 965-0010
PETER G. SMI H
rel
State Bar No. 18664300
ATTORNEYS FOR DEFENDANT
1209.003
S:\bridge par mers_apts\bridge roxfire_williamson'02-03\pidgs\judgment revised.wpd
By
FINAL JUDGMENT - PAGE 2 OF 2
RECEIVED
MAY 0 2 2005
WILLIAMSON CAD
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DATE: June 3, 2005
SUBJECT: City Council Meeting - June 9, 2005
ITEM: *10.A.2. Consider a resolution authorizing a property tax refund to Bridge
Foxfire Partners, Ltd. for 2002 taxes in the amount of $814.58.
Department: Finance Department
Staff Person: Cindy Demers, Finance Director
Justification:
State law requires that the governing body approve property tax refunds in excess of $500.
This refund is the result of an agreed final judgment approved by the appraisal district
reducing the taxable value on the 2002 tax roll.
Funding:
Cost: $814.58
Source of funds: General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information:
Required process set by law.
Public Comment: N/A