R-07-06-14-12D8 - 6/14/2007 RESOLUTION NO. R-07-06-14-12D8
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, Young Zapp JVRR LTD. has made
an overpayment or erroneous payment of 2006 taxes in the amount of
$504 . 32; 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 $504 .32 .
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:\wdox\RESOLUTI\R70614D8.WPD/xmc
RESOLVED this 14th day of AJune272XWELL, Mayor
City of Round Rock, Texas
ATTEST:
0)Ua&)Uje f
CHRISTINE R. MARTINEZ, City Secre ry
2
Wiffiamson CentrafAppraisafDistrict
625 FM 1460
Georgetown,Texas 78626
Phone: (512)930-3787
Fax: (512)930-0391
March 6, 2007
Jim Nuse, City Manager
City of Round Rock (CRR)
221 E. Main
Round Rock, Texas 78681
Re: Cause No: 06-681-C26; Young Zapp JVRR LTD 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 you have any questions, please feel free to call.
Sincerely,
OW ea"O&
Bill Carroll
Chief Appraiser
BC/abl
Enclosure
,-----C,c: 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 CA(a)wcad.org
Harry Gibbs
Deborah Hunt
Brig Mireles, Secretary
03/09/2007 09:00:27 TAX COLLECTION SYSTEM PAGE: 1
TC536 SELECTION SEQUENCE 352891 REFUNDS SELECTED REPORT
CITY OF ROUND ROCK FROM: 03/09/2007 TO: 03/09/2007 MINIMUM DOLLAR AMOUNT: $0
ACCOUNT NUMBER SUIT DEPOSIT REFUND
UNP TOT YEAR UNIT OWNER NAME REC TYPE RECEIPT DATE REMITTANCE# STAT AMOUNT REASON(S)
3527-000A-0002 RF070309 20070309
2006 2 YOUNG ZAPP JVRR LTD TL 38933173 03/09/2007 8624150 DA 504.32
CHECK PAYEE: YOUNG ZAPP JVRR LTD CHECK TOTAL: 504.32
ATTN:PAUL BRADY
1623 TOOMEY RD
AUSTIN TX787040000
TOTAL ALL ACCOUNTS 504.32
COUNT OF REFUND CHECKS 1.00
4
RECEIVED
CAUSE N0.06-681-C26 MAR 0 5 ?007
WICUgMSONCap
YOUNG ZAPP JVRR LTD IN THE DISTRICT COURT OF
Plaintiff
V. WILLIAMSON COUNTY,TEXAS
NVE LL MSON CENTRAL APPRAISAL
DISTRICT,
Defendant 26TRJUDICIAL DISTRICT
AMR I)JMGMMNT
CAFE TO BE HEAD, Young Za0p NRR LTL), 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 Plaintiff 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 admission concerning the issues in dispute nor shall it be represented by either i)artJFJb[(Dhe
at_ _o'clock M
FEB 2 7'2007
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MAR 0 51007
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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 shall revise the 2006 appraisal roll to reflect the following appraised values for the property
that is the subject of this lawsuit:
Account
Number Legal Description 2006 Valuation
R391503 Lots 2;Mick A,,Chiadm.Trail Hotel Centre,Dots 2&3, $.1,513,903
Amended,Round Rock,Williamson County,Texas
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 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)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.
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.
Signed this Z day of Le.,bMa 2007.
JUDGE PRESIDING
2
REcaveo
MAR Q 51007
APPROVED AS TO FORM AND SUBSTANCE: WjL� SONCA0
-7
Lorri 1&ichel
State Bar No. 14009460
Michel Law Firm
1601 Rio Grande, Suite 443
Austin, TX 78701
(5-11)4-77-0-200
(512)477-6636(Fax)
ATTORNEY FOR PLAINTIFF
Robert Mott
State Bar No. 145964
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
MKT AMOUNT
LAWSUIT NAME CAUSE NUMBER FILED INVOLVED TAXING JURISDICTIONS INVOLVED DPMT
-- J
Young Za p JVRR Ltd. 06-681-C26 9/5/061 2006 GWI RFM SRR CRR W09 1,649,821 C
i
1 of 1
Williamson Central Appraisal District
Supplementary Change 2006
Entities: GWI RFM SRR CRR W09
Parcel/Record No: R-16-3527-000A-0002 (R381503)
Name: YOUNG ZAPP JVRR LTD
Address: ATTN: PAUL BRADY
Address: 1623 TOOMEY RD
City,State,ZIP: AUSTIN, TX 78704
Legal Description: CHISHOLM TRAIL HOTEL CENTRE LTS 2-3
AMENDED, BLOCK A, LOT 2,ACRES 1.42
Situs Address: 2320 N IH 35 ROUND ROCK,TX 78681
Old Value New Value
Personal Property Value:
Improvement Non-Homesite Value: 660,141. 5.24,223
Improvement Homesite Value:
Land Non-Homesite Value: 989,680 989,680
�.
Land Homesite Value: •:t:��
Ag Market Value:
Ag Use:
Total Appraised Value: 1,649,821 . 1,513,903
Non-Taxed Exempt:
Homestead:
h
Over 65: •
Disabled Veterans:
Homestead Disability:
Total Taxable Value: 1,649,821 h 1,513,903
Frozen Tax: Year: •' Amount:
Reason for Changes: Per attached Agreed Judgment signed 2/22/07
Wm. T. Carroll, Chief Apprais Date: 03/06/07
rw 1-0 04 _Zwk:o/
Appraiser: Date:
Supplement# 8
DATE: June 7, 2007
SUBJECT: City Council Meeting - June 14, 2007
ITEM: *12D8. Consider a resolution authorizing a property tax refund to Young
Zapp JVRR LTD. for 2006 taxes for $504.32.
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 value on the 2005 tax roll. The Williamson Central Appraisal
District has approved the refund.
Funding:
Cost: $504.32
Source of funds: General and Debt Service Operating Budgets
Outside Resources: N/A
Background Information: Required process set by law.
Public Comment: N/A