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R-06-09-14-11C4 - 9/14/2006RESOLUTION NO. R -06-09-14-11C4 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, Photronics Texas, L.L.P. has made an overpayment or erroneous payment of 2004 taxes in the amount of $46,785.65; 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 $46,785.65. 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/R60914C4.WPD/xmc RESOLVED this 14th day of September, 2006. ATTEST: LL, Mayor ity of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary PHOTRONICS TEXAS I, L.P., Plaintiff, VS. TRAVIS CENTRAL APPRAISAL DISTRICT, Defendant. NO. GN403058 IN THE DISTRICT COURT OF TRAVIS COUNTY, TEXAS 126TH JUDICIAL DISTRICT AGREED JUDGMENT ON THIS DAY CAME ON TO BE HEARD Photonics Texas I, L.P., Plaintiff herein, and Travis Central Appraisal District, Defendant herein, appearing by and through their respective attorneys of record, and announced to the Court that the parties herein desired to resolve and settle the matters in controversy, and avoid the trouble, expense and uncertainty of litigation, and have reached an agreement to that effect. 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 a 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 partiesconcerning 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 as to each other. No other use of this Stipulation may be made by the parties hereto as conce AGREED JUDGMENT -Pagel d cl f either party as to the other, whether having arisen in `04OEC—,3 Pm x:48 • i's r' . the past, now pending, or to arise in the future, including without limitation, subsequent disputes as to the market or appraised value of the subject property within Defendant's appraisal jurisdiction in any subsequent years. This agreement is not intended by either party as an admission of the market value of the subject property, nor shall same be represented by either party as to the other, as an admission. Further, the existence, terms, and contents of the Agreed Judgment shall not b e 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, either party as to the other. 2. Pursuant to section 42.41 of the Texas Tax Code, Defendant Travis Central Appraisal District shall revise the appraisal rolls to reflect the following appraised values: Parcel 2004 Appraised Value 049783-00 $16,500,000 02-8223-0102 $3,922,400 3. The undersigned parties shall, as soon as possible following the execution of this agreement, do, or cause their attorneys to do, whatever is reasonably necessary to effect this agreement, including compliance with the provisions of sections 42.41 through 42.43 of the Texas Property Tax code. 4. The parties herein acknowledge that Section 42.43, Texas Property Tax Code, provides for payment of interest on any refund made as a result of a final determination of an appeal which decreases a property owner's tax liability; however, •Plaintiff hereby agrees to waive any such applicable right to receive interest on any such refund. • 5. All costs and attorney's fees are to be borne by the party incuning same. 6. A11 other relief not specifically granted herein is denied. AGREED JUDGMENT - Page 2 7. This judgment finally disposes of all claims and all parties. Signed this the 56 AGREED JUDGMENT - Pagc 3 day of 60i11IGvr , 2004. NUV-Ga- UU'{ flUN UC i i rrl APPROVED AS TO FORM AND SUBSTANCE: POPP & IABD LLP 1301 S. Mopac, Suite 430 (78746) P.O. Box 2242 Austin, Texas 78768 (512) 473-2661 (51 ij;,79-8 BY Raymond State Bar No. 08 28250 Darlene A. Sullivan State Bar No. 24031705 ATTORNEYS FOR PLAINTIFF Linebarger Goggan Blair & Sa=npson, LLP P.O. Box 17428 Austin, Texas 78760 (512) 477-6675 (512) 443-3494 [Facsimile) Br Judith A. Hargrove Lor; Rabev tQn State Bar No, 11595050 Rs1,1 aero' 1 z$'3 ATTORNEYS FOR TRAVIS CENTRAL APPRAISAL DISTRICT rnn nv. ¢c4113EP JUDOMRNr • Page 4 WILLIAMSON COUNTY t ^O ce c 0 ^V, in W L 0 L 0 O N U ;To c0 N O x cc 0 c' d O Current Values Prior Values Gain/Loss Personal Value 16,500,000 28,821,090 CRR Assessed 16,500,000 28,821,090 -12,321,090 Taxable 1,885.301 14,206,391 -12,321,090 .SRR Assessed 16,500,000 28,821,090 -12,321,090 Taxable 16,500,000 28,821,090 -12,321,090 Land NHS 960 960 SRR Assessed 0 960 -960 Taxable 0 68 -68 Land NHS 300 300 SRR Assessed 0 300 -300 Taxable 0 300 -300 Property Description INVENTORY SUPPLIES FURNITURE FIXTURES MACHINERY EQUIPMENT @ 201 MICHAEL ANGELO WAY RR Situs: 201 MICHAEL ANGELO WAY Taxing Units: CAD, CRR, GTR, SRR Active Exemptions: AB Change Reason: CHANGE Land State Code: Improvement State Code: Supplement Code: CHG - Change of value to roll Comment: DV/V; SECTION 6.025-CHG TO MATCH TCAD AGREED VALUE CHANDLER CREEK SEC 21, BLOCK A, LOT 1A (GREENBELT), ACRES 3.2 Situs: PHEASANT RIDGE Taxing Units: CAD, GWI, M16, RFM, SRR, W09 Active Exemptions: EX Change Reason: CHANGE Land State Code: C7 Improvement State Code: Supplement Code: CHG - Change of value to roll Comment: CGP; ADD TAX EXEMPT STATUS PER SWD 2004009398 1/27/04. CHANDLER CREEK SEC 21, BLOCK A, LOT 38A (GREENBELT) Situs: PHEASANT RIDGE Taxing Units: CAD, GWI, M16, RFM, SRR, W09 Active Exemptions: EX Change Reason: CHANGE Land State Code: C7 Improvement State Code: Supplement Code: CHG - Change of value to roll Comment: CGP; ADD TAX EXEMPT PER DEED 2004009398 1/27/04. IDs and Owner Information PID: P -16-P294-7040-3704-01 QID: P375639 PHOTRONICS ATTN:TAX DEPT PO BOX 5226 BROOKFIELD, CT 06804-5226 Owner ID: 0462040 Q O O O 0 0 0 OO CD N (0 6 cc _o d 0 (p co O M cc 0 5 MEADOWS AT CHANDLER CREEK Mt % ST ENVIRONMENTAL SERVICES 2809 LONGHORN BLVD AUSTIN, TX 78758 OwnerlD: 00320271 PID: R -16 -3298 -000A -0038A QID: R430904 MEADOWS AT CHANDLER CREEK Mt % ST ENVIRONMENTAL SERVICES 2809 LONGHORN BLVD AUSTIN, TX 78758 OwnerlD: 00320271 Printed on 05/30/2006 at 10:48 AM LD LD O 1D LD O 0 VD O 0 0 0 V' d' o d' a' O V' rP O 0 0 0 N r r r r r O O O O O O O O O O O O N N N N N N N Fz Z O O 0 a 0 o Ln In o In 0 o 0 o 0 0 O • x LD o VD \D 0 LD l0 O LD 0 O o U . . < Ln In 0 Ln Ln 0 CO m co co m m o0 ,1 F r r r r r r a p lD 0 LD LD lc) l0 O WO • a rP c rP ar O W a x 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 00 0 0 0 0 0 0 0 0 0 O . . . 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FC mom mzw F oNrl '1'0F H Q' N F A o U W F LIDWa Ocna oco ocn om� CO0 U L,,O 0LbO O O LO o 0 0 H F 0 H F 0 H F 0 H F O ai 00 xxx V)CO ,N 0 0 000 000 LD U o F z O w wa c7 w a o 0 O O REMITTANCE# STAT 5338910 DA c' E o F (0 0 o F W o o Foo U rC (-N N W 0 inn 068045226 n 0 lO 0 H 0 N Es U U N Ln gN 0U in U w NW Cf)a Z0 Iii w 0 O U W F A C13 U �( 0 'o F 000 0 au -1N w 0 0 (HI - o0 0 h2Ocno Ln o a o a- 0 W U w o N W O •,N H N•• Ln a o W ncnF W F0 41 -1 H CON FC u1.0 Fr a 0 a0 U ii (O '0 o 0 O M 0 d' �LO U 0 (o 0 U N o F r.0 a DATE: September 6, 2006 SUBJECT: City Council Meeting - September 14, 2006 ITEM: *11.C.4. Consider a resolution authorizing a property tax refund to Photronics Texas, L.L.P. for 2004 taxes in the amount of $46,785.65. Department: Finance Staff Person: Cindy Demers, Finance Director 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 Travis Central Appraisal District through the Williamson Central Appraisal District reducing the taxable value on the 2004 tax roll. Funding: Cost: Source of funds: $46,785.65 General and Debt Service Operating Budgets Outside Resources: N/A Background Information: Required process set by law. Public Comment: N/A