R-07-06-14-12D6 - 6/14/2007 RESOLUTION NO. R-07-06-14-12D6
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, H. E. Butt, Inc . has made an
overpayment or erroneous payment of 2006 taxes in the amount of
$2, 558 . 55; 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 $2, 558 . 55 .
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.
0:\wd0x\RES0LUTI\R70614D6.WPD/zmc
RESOLVED this 14th day of June, W.
L, Mayor
C y of ound Rock, Texas
ATTEST:
Nw��'�k - 0 -
CHRISTINE R. MARTINEZ, C"Secret
2
03/27/2007 09:33:20 TAX COLLECTION SYSTEM PAGE: 1
TC536 SELECTION SEQUENCE 359739 REFUNDS SELECTED REPORT
CITY OF ROUND ROCK FROM: 03/27/2007 TO: 03/27/2007 MINIMUM DOLLAR AMOUNT: $0
ACCOUNT NUMBER SUIT DEPOSIT REFUND
UNP TOT. YEAR UNIT OWNER NAME REC TYPE RECEIPT DATE REMITTANCE# STAT AMOUNT REASON(S)
0298-0000-0019 RF070327 20070327
2006 2 314 G TL 38963289 03/27/2007 8746415 DA 756.00
CHECK PAYEE: CROP EVITY T-&K 0 F;Z,C E CHECK TOTAL: 756.00
p 0 GDY- 8'38999
5AQ Aorowo TX7$z83394q
i
5104-0000-0001J rT )�G RF070327 20070327
2006 2 I-� 3 38989738 03/27/2007 8746415 DA 1,802.55
CHECK PAYEE: p(Z0(2E(LT;' "rA)4, OFFCHECK TOTAL: 1,802.55
(> 0 13Dx 839899
5A►� A u oN►0 TX78 283 3999
TOTAL ALL ACCOUNTS 2,558.55
COUNT OF REFUND CHECKS 2.00
WiCCiamson CentrafAppraisa(District
625 FM 1460
Georgetown,Texas 78626
Phone: (512)930-3787
Fax: (512)930-0391
March 21, 2007
Jim Nuse, City Manager
City of Round Rock (CRR)
221 E. Main
Round Rock, Texas 78681
Re: Cause No: 06-747-C26; H E BUTT Grocery Co., v. Williamson Central
Appraisal District
Dear Mr. Nuse:
A settlement has been reached on the attached referenced lawsuit for the
2006 tax year. 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 the refund is
paid within 60 days of the change being certified to the assessor.
If you have any questions, please feel free to call.
Sincerely,
OW ear&
Bill Carroll
Chief Appraiser
BC/abl
Enclosure
cc: Forrest Child, A/C cc: David Kautz, Chief Finance Director CRR
Board of Directors Don Paull,Chairman Chief Appraiser Bill Carroll
Robert Tagge,Vice-Chairman CAOwcad.org
Harry Gibbs
Deborah Hunt
Brig Mireles,Secretary
CAUSE NO.06-747-C26
H E BUTT GROCERY CO., IN THE DISTRICT COURT OF
Plaintiff,
V. WILLIAMSON COUNTY,TEXAS
WILLIAMSON CENTRAL APPRAISAL
DISTRICT,
Defendant 26TH JUDICIAL DISTRICT
AGRERD.JUDGMENT
CAME TO BE HEARD,H E Butt Grocery Co.,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 PlaintiW s property.
Having heard these announcements and reviewed the evidence and arguments of counsel,the Court
is of the opinions that such terms and conditions.are well taken and should form the basis of
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 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 concerning the market or appraised value of
the subject property within Defendant's jurisdiction. The agreement is not intended by either party
as an fqtfton concerning the issues in dispute nor shall it be represented by either party as to the
at-o'clock--m RECEIVED
MAR - 8 2007 MAR 2 0 2007
WIWAMSONCAD
�J�A, G�YIt/tstq'.
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 sha11 revise the 2006 appraisal roll to reflect the following appraised values for the property
that is the subject of this lawsuit:
Account 2006
Number Legal Description Value
t3s5}36 3.34 Acm out of the W.Harris Survey,Abstract 29,8, Round Rock, $2,516,739
Williamson County,Texas
RO71235 Lot 1,Round Rock Center, Section 1, Round Rock, Williamson 6,000,761
County,Texas
R351322 Lot 1, Block A,HEB/620 Subdivision Number 2,Round Rock, 6,750,000
Williamson County,Texas
3. The undersigned parties shall,as soon as possible fallowing 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 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)re-fund to Plaintiffany amount due pursuant to Section 42.43,Texas Tax Code,except
for any interest on the refund which is hereby waived by Plaintiff if the refund is paid within 60 days
of the change being certified to the assessor.
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.
RECEIVED 2
MAR 2 0 2007
wtt.uMSON M
Signed this day of H aM h ,2007.
JUDGE PRESIDING
APPROVED AS TO FORM AND SUBSTANCE:
Gi A a a JAYS 1D?P
BarNo.24004610 I14�3°1Z82�
C-my&EWcheson
Four Barton Skyway
1301 South Mopac Expressway, Suite 430
Austin,Texas 78746
(512) 473-2661
(512) 479-8013 (fax)
ATTORNEY FOR PLAINTIFF
Obert Mott
State Bar No. 14596V50'
Karen Evertson
State Bar No. 00797745
Sandra Griffin
State Bar No. 00791280
Christopher S. Jackson
State Bar No. 00796816
Perdue,Brandon,Fielder,Collins
&Mott,L.L.P.
3301 Northland Dr., Suite 505
Austin,Texas 78731
(512) 302-0190
(512) 323-6963 (fax)
ATTORNEY FOR DEFENDANT
3 RECEIVED
MAR 2 01007
WILLIAMSON CAD
QUICK-REF ID PROPERTY DATE YEARS MKT AMOUNT
ID LAWSUIT NAME CAUSE NUMBER FILED INVOLVED TAXING JURISDICTIONS INVOLVED DPMT
GWI RFM SRR CRR F91 M12
R071235,R055936, R351322 H E Butt Grocery Co. 06-747-C26 9/18/06 2006 W09 16,723,139 C
i
I
1 of 1
03/27/2007 09:29:13 359728 TAX COLLECTION SYSTEM PAGE: 2
TC298-D SELECTION: DEPOSIT DEPOSIT DISTRIBUTION INCLUDES AG ROLLBACK
RECEIPT DATE: ALL FROM: 03/27/2007 THRU 03/27/2007
JURISDICTION: 0002 CITY OF ROUND ROCK
TAX LEVY DISCOUNT PENALTY TIF DISBURSE OTHER REFUND PAYMENT
YEAR FUND RATE PAID GIVEN INTEREST AMOUNT TOTAL ATTORNEY FEES AMOUNT AMOUNT
2006 M & 0 .216350 1,491.82- .00 .00 .00 1,491.82- .00 .00 2,558.55 1,066.73
I & S .154700 1,066.73- .00 .00 .00 1,066.73- .00 .00 .00 1,066.73-
TOTAL .371050 2,558.55- .00 .00 .00 2,558.55- .00 .00 2,558.55 .00
ALL M & O 1,491.82- .00 .00 .00 1,491.82- .00 .00 2,558.55 1,066.73
ALL I & S 1,066.73- .00 .00 .00 1,066.73- .00 .00 .00 1,066.73-
ALL TOTAL 2,558.55- .00 .00 .00 2,558.55- .00 .00 2,558.55 .00
DLQ M & O .00 .00 .00 .00 .00 .00 .00 .00 .00
DLQ I & S .00 .00 .00 .00 .00 .00 .00 .00 .00
DLQ TOTAL .00 .00 .00 .00 .00 .00 .00 .00 .00
CURR M & 0 1,491.82- .00 .00 .00 1,491.82- .00 .00 2,558.55 1,066.73
CURR I & S 1,066.73- .00 .00 .00 1,066.73- .00 .00 .00 1,066.73-
CURR TOTAL 2,558.55- .00 .00 .00 2,558.55- .00 .00 2,558.55 .00
Williamson Central Appraisal District
Supplementary Change 2006
Entities: GWI RFM SRR CRR W09
Parcel/Record No: R-16-0298-0000-0019(R055936)
Name: H E BUTT INC
Address: PROPERTY TAX OFFICE
Address: PO BOX 839999
City, State,ZIP: SAN ANTONIO, TX 78283-3999
Legal Description: AW0298 HARRIS, W. SUR.,ACRES 3.34
Situs Address: 100 PALM VALLEY BLVD W ROUND ROCK, TX 78664
Old Value New Value
Personal Property Value:
Improvement Non-Homesite Value: 1,774,799 1,571,054
Improvement Homesite Value:
Land Non-Homesite Value: 945,685 945,685
Land Homesite Value:
Ag Market Value:
Ag Use:
Total Appraised Value: 2,720,484 2,516,739
Non-Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value: 2,720,484 2,516,739
Frozen Tax: Year: Amount:
Reason for Changes: Per attached Agreed Judgment signed 3/7/07
Wm.T.Carroll, Chief Appraiser Date: 03/21/07
Appraiser: Date:
Supplement# 8
Williamson Central Appraisal District
Supplementary Change 2006
Entities: GWI RFM SRR CRR W09
Parcel 1 Record No: R-16-5104-0000-0001 (R071235)
Name: H E BUTT GROCERY CO
Address: ATTN: PROPERTY TAX OFFICE
Address: PO BOX 839999
City,State,ZIP: SAN ANTONIO, TX 78283-3999
Legal Description: ROUND ROCK CENTER SEC 1, LOT 1,ACRES 6.34
Situs Address: 110 PALM VALLEY BLVD W ROUND ROCK, TX 78664
Old Value New Value
Personal Property Value:
Improvement Non-Homesite Value: 5,105,707 4,619,911
Improvement Homesite Value:
Land Non-Homesite Value: 1,380,850 1,380,850
Land Homesite Value:
Ag Market Value:
Ag Use:
Total Appraised Value: 6,486,557 6,000,761
Non-Taxed Exempt:
Homestead:
Over 65:
Disabled Veterans:
Homestead Disability:
Total Taxable Value: 6,486,557 6,000,761
Frozen Tax: Year: Amount:
Reason for Changes: Per attached Agreed Judgment signed 3/7/07
Wm.T. Carroll, Chief Appraise 4AZ ' Date: 03/21/07
Appraiser: Date:
Supplement# 8
DATE: June 7, 2007
SUBJECT: City Council Meeting - June 14, 2007
ITEM: *12D6. Consider a resolution authorizing a property tax refund to H. E.
Butt, Inc. for 2006 taxes totaling $2,558.55.
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 appraisal
district reducing the taxable values on the 2006 tax roll. The Williamson Central Appraisal
District has approved the refund.
Funding:
Cost: $2,558.55
Source of funds: General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information: Required process set by law.
Public Comment: N/A