R-04-03-25-14B1 - 3/25/2004RESOLUTION NO. R -04-03-25-14B1
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, Round Rock Meadows, Ltd., has
made an overpayment or erroneous payment of 2002 taxes in the amount of
$4,563.04; 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 $4,563.04.
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 25th day of March, 2004.
W LL, Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secreta
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Board of Directors
Don Paull, Chairman
Robert Tagge, Vice -Chairman
Harry Gibbs, Secretary
Deborah Hunt
Brig Mireles
Bill Carroll, Chief Appraiser
billlcawcad.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
RECD FEB 0 9 2004
February 6, 2004
Jim Nuse, City Manager
City of Round Rock
221 E. Main
Round Rock, Texas 78681
Re: Cause No: 01-401-C277; Round Rock Meadows LTD v. Williamson
CAD
Dear Mr. Nuse:
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,
Via eee
Bill Carroll
Chief Appraiser
BC/Idb
Enclosure
cc: Forrest Child, NC
RECEIVED
FEB 0 4 2004
.:L:/AS0CAD
CAUSE NO. 01-401-C277
ROUND ROCK MEADOWS LTD. IN THE DISTRICT COURT
Client Copy
Plaintiff
v.
WILLIAMSON COUNTY APPRAISAL
DISTRICT
WILLIAMSON COUNTY, TEXAS
Defendant 277TH JUDICIAL DISTRICT
AGREED JUDGMENT
CAME TO BE HEARD, Round Rock Meadows Ltd., Plaintiff, and Williamson County
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 Plaintiff's 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
j udgment.
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 of 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 concerFuliggP market car appraised value of
at o'clock
FEB 0 2 2004
the subject property within Defendant's jurisdiction. The agreement is not intended by either party
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 County Appraisal
District shall revise the 2002 appraisal roll to reflect the following appraised values for the property
that is the subject of this lawsuit:
Account No. Description Appraised Value
R374515 Meadow Ridge Apartments $9,200,000
Block A, Lot 1, Acres 18.418
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 County Appraisal District shall advise the appropriate 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 Plaintiff any amount due pursuant to Section 42.43, Texas Tax Code, except
for any interest on the refund which is hereby waived by Plaintiff so long as the refund is issued
within 90 days of the change being certified to the Tax Assessor -Collector.
4. All costs and attorneys fees are to be borne by the party incurring them.
5. All other relief not specifically granted herein is denied.
2
ant By: GEARY PORTER.; 9;
29 Jan'04 5':29PM;Job 538;f'age 5/5
Signed this
, n=t _ day of _fhI't,LCL r_ tf , 2004.
APPKOVED AS TO FORM AND SUBSTANCE:
,o
aniel P novas
State B. "o. 05990510
Amy D. Reilly
State Bar No. 24013388
Geary, Porter & Donovan, P.C.
One Bent Tree Tower
16475 Dallas Parkway, Suite 500
Addison, Texas 75001-6837
(972) 931-9901
(972) 931-9208 (fax)
ATTORNEY FOR PLAINTIFF
Robert Mott (.96450
State Bar No. 14
Sandra Griffin
State Bar No. 00791280
Perdue, Brandon, Fielder, Collins
& Mott, L.L.P.
6300 La Calma Drive, Suite 450
Austin, Texas 78752
(512) 302-0190
(512) 302-1802 (fax)
ATTORNEY FOR DEFENDANT
Williamson County Appraisal District
Supplementary Change 2002
Entities: GWI, RFM, SRR, CRR, R70, W09
Parcel / Record No: R -16-4519-000A-0001 (R374515)
Name: ROUND ROCK MEADOWS LTD
Address: % AMERICA'S PFD HOMES INC
Address: 950 N ORLANDO STE 320
City, State, ZIP: WINTER PARK, FL 32789
Legal Description: MEADOW RIDGE APARTMENTS, BLOCK A, LOT 1, ACRES 18.418
Situs Address: 2501 LOUIS HENNA BLVD
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:
Old Value New Value
8,527,722: 7,194,280
2,005,720- 2,005,720
10,533,442"= 9,200, 000
10,533,442r::: 9,200,000
Year:
Amount:
Reason for Changes Agreed value judgment signed 2/2/04;no change for 2001
Wm. T. Carroll, Chief Appraiser Date: 02/02/04
Appraiser: Date:
Supplement #
DATE: March 19, 2004
SUBJECT: City Council Meeting - March 25, 2004
ITEM: *14.6.1. Consider a resolution authorizing a property tax refund to Round Rock
Meadow, Ltd. for 2002 taxes in the amount of $4,563.04.
Department: Finance Department
Staff Person: Cindy Demers, Finance Director
Justification: Required process set by law.
Funding:
Cost: $4,563.04
Source of funds: General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information:
Public Comment: N/A
State law requires that property tax refunds in excess of $500
be approved by the governing body. This refundis d the
result
of an agreed judgment approved by the appraisal
reducing the taxable value on the 2002 tax roll.