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HomeMy WebLinkAbout24-1963ORDINANCE NO. 24- 1963 AN ORDINANCE OF THE CITY OF DENTON DETERMINING THAT THE PAYMENT AMOUNT OF HOTEL OCCUPANCY TAXES BY J&P ASSET MANAGEMENT FOR WOODSPRING SUITES DENTON SUBMITTED FOR THE PERIOD FROM AUGUST 2022 THROUGH FEBRUARY 2023 WAS ERRONEOUS OR EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF EIGHTEEN THOUSAND NINE AND 24/100 DOLLARS ($ 18,009.24); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Tax Code Section 31.11 provides for a refund of an overpayment or erroneous payment of taxes if an application for a refund is timely submitted; and WHEREAS, J&P Asset Management applied for a refund on behalf of Woodspring Suites (Applicant) Denton for an erroneous payment amount of hotel occupancy taxes for the taxes paid for August 2022 through February 2023 alleging an error in the total taxable revenue reported due to exemptions applicable to the taxpayer that were not claimed; and WHEREAS, the City of Denton Chief Financial Officer (CFO), as collector for the City of hotel occupancy taxes, reviewed such application and determined the submitted tax reports were incorrect, and the auditor of such records agrees with said determination; and WHEREAS, the CFO has corrected the records for hotel occupancy taxes assessed against the Applicant from August 2022 through February 2023, and has determined Applicant has met the statutory requirements for a refund of payment; and WHEREAS, refund of an overpayment or erroneous payment of Eighteen Thousand Nine and 24/100 ($ 18,009.24) Dollars to Applicant is provided for by Texas Tax Code Section 31.11 NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council determines a payment of hotel occupancy tax in the amount of Eighteen Thousand Nine and 24/100 ($18,009.24) Dollars was erroneous or excessive and approves and authorizes the payment of said amount to Applicant as a refund of the erroneous or excessive payment of hotel occupancy taxes for the period of August 2022 through February 2023 . SECTION 2. This ordinance is effective immediately upon its passage. The motion to approve this ordinance was made by Brian Beck and seconded by Paul Meltzer, the ordinance was passed and approved by the following vote [ 7 - 0] : Aye X X Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: X X X X X PASSED AND APPROVED this the 15th day of October, 2024. ATTEST: LAUREN THODEN, CITY SECRETARY BY, dall,LLb_hh- APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: Susan Keller E::+'X;i?=g''T£;£T'“""