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19970708 1997-11ORDINANCE NO. 1997- 11 AN ORDINANCE REPEALING SECTION 8-28, ARTICLE VI, CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA AND ENACTING A NEW SECTION 8-28, APPROVING THE NORTHERN VIRGINIA CIGARETTE TAX AGREEMENT AND RE- ESTABLISHING THE NORTHERN VIRGINIA CIGARETTE TAX BOARD BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the proposed Agreement titled Northern Virginia Cigarette Tax Agreement as presented this date is hereby approved and the City Manager is hereby authorized to execute the Agreement the terms of which shall be incorporated in Section 8-28 of the Code of the City of Fairfax, Virginia as recited hereafter. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 8-28, Article VI, Chapter 8 of the Code of the City of Fairfax is hereby repealed and a new Section 8-28 is hereby enacted to read in its entirety as follows: Sec. 8-28. Established. The Northern Virqinia Tax Board - By ordinance adopted on Su]y 8, 1997 , and signed by the Mayor, the City of'Fairfax approved the Northern Virginia Cigarette Tax Agreement which established the Northern Virginia Cigarette Tax board and directed that the terms of the Agreement be included in this section. 8-28.1. Name and Duration. The board shall be called the Northern Virginia Cigarette Tax Board. Its duration shall be perpetual, subject to the provisions of Section 8.28.9 hereof. 8.28.2. Member and Votinq Powers. The board shall be composed of one representative from each jurisdiction which is a party to the'Northern Virginia Cigarette Tax Agreement. Each representative may designate an alternate to attend meetings and vote in his or her place; however, each jurisdiction shall be entitled to only one vote. Action of the board shall be by majority vote. 8.28.3, O~cers and Meetinqs. Each year, the board shall elect a chairman, vice- chairman and secretary/treasurer, who shall serve at the pleasure of the board. The o~cers of the board shall be chosen from the jurisdictional representatives. Said o~cers shall be empowered to sign in the name of the board on all legal documents, including bank deposits, and withdrawals. The board shall meet from time to time as deemed necessary by the chairman. 3.28.4 Powers of the Board. The board shall be delegated the following powers: a. Assessment, collection and disbursement of the cigarette tax for each participating jurisdiction; b. Audit of the sale or use of cigarettes within each participating jurisdiction; c. Provision of information for criminal prosecution by the a~ected participating jurisdictions; d. Designation of an administrator; 1997-11 e. Management of a general operating fund to ensure proper funding of board operations on an ongoing basis. f. Employment of an auditor; g. Designation of a depository bank or banks; h. Contracting with a member jurisdiction for provision of administrative services; i. To hold and convey personal property; the board shall have no power to hold or convey real property; j. To enter into contracts; k. To hire, supervise and discharge its own employees; 1. To contract for bene~ts for board employees; and m. Any other powers granted to the board by the respective local ordinances and Code of Virginia (1950), as amended. 8.28.5. Liability Insurance. The board shall have authority to secure and shall maintain insurance coverage as deemed appropriate. General liability insurance shall be maintained through a commercial policy, in limits of not less than $500,000.00. Any liability in excess of the amounts of insurance coverage will be shared by the member jurisdictions proportionately based upon each jurisdiction's share of the number of taxable packs of cigarettes reported in the twelve (12) months preceding the incident which gave rise to the liability, as compared to the taxable packs of cigarettes reported during the same time period in all of the participating jurisdictions. 8.28.6. Administrator. Normal routine duties of the board in administration and supervision of the cigarette tax ordinances shall be delegated to an administrator, who shall be appointed by the board to serve at the will of the board under such terms and conditions as it deems appropriate. Actions and decisions of the administrator shall bind the board unless patently wrongful or the result of willful misconduct, but the board may at anytime overrule a decision or action by the administrator subject to the lawful rights of third parties. The duties of the administrator shall include, but are not limited to, the following: a. Preparation of annual administrative cost estimates; b. As authorized by the board, employment of or contracting for star assistance, equipment and supplies; providing employee bene~ts; and the establishment and administration of a retirement system covering o~cers and employees of the board not covered by the retirement systems of participating jurisdictions or the Commonwealth of Virginia; C · and Preparation of reports as the board may require; d. Authorization of disbursements from board accounts including, but not limited to, disbursements to the participating jurisdictions. 1997-11 -3 8.28.7. Collection of the Ciqarette Tax. The cigarette tax shall be assessed and collected on the basis of the"reporting method" according to the respective ordinances and according to the rules, regulations and procedures adopted by the board. 8.28.8. Funds. Disbursement of Receipts, Management of a. Disbursements shall be made to each participating jurisdiction on a monthly basis. Prior to disbursement to jurisdictions, expenses for the month shall be deducted from total revenues and allocated to the jurisdictions proportionately based upon the number of taxable packs of cigarettes reported within the jurisdiction during the month as compared to the total number of taxable packs of cigarettes reported in all the participating jurisdictions. The disbursement to each participating jurisdiction shall be determined by the tax rate of the jurisdiction multiplied by the taxable packs of cigarettes reported within the jurisdiction, plus interest and penalties, plus the jurisdiction's proportional share of all of the revenues, less discounts and proportional expenses. b. Total expenses for the ~scal year shall not exceed six (6) percent of total board revenues for the year. The board may, by majority vote, authorize an increase in expenses not to exceed an amount greater than an additional one (1) percent of the total board revenues for the year. The board shall maintain an operating fund of $25,000.00. c. Ail monies shall be deposited in the name of the Northern Virginia Cigarette Tax Board. All checks drawn on board accounts shall require signature by the administrator and one board o~cer. 8.28.9. Termination. a. In the event any participating jurisdiction decides, by ordinance, to terminate its participation in the board, notice to the board shall be given sixty (60) days prior to its date of termination. The terminating jurisdiction shall receive within thirty (30) days of its date of termination its share of total revenues less proportionate expenses, operating fund, and depreciated value of physical property used by the board. The representative of such termination jurisdiction shall not serve on the board beyond the termination date. b. In the event the number of jurisdictions which desire to continue to participate in the board is less than two (2) in number, the board shall be dissolved and shall cease to exist. In such event, the board shall liquidate all assets and disburse to each jurisdiction participating at the time each such jurisdiction's share of the liquidated assets and all proceeds and monies held. Such distribution shall be based upon each jurisdiction's proportionate share of the number of taxable packs of cigarettes reported in the preceding twelve (12) months as compared to the taxable packs of cigarette reported during that same time period in all the jurisdictions participating in the board at the time the board is dissolved. 8.28.10. Implementation. Each jurisdiction shall by ordinance signify its desire to be a member of the board and its acceptance of the provisions of the Agreement. 1997.11 -4 This ordinance shall become effective as provided by law. INTRODUCED: June 24, 1997 PUBLIC HEARING: July 8, 1997 ENACTED: July 8 , 1997 T J J S G S Coughlin Greenfield Lyman Mershon Rasmussen Silverthorne Vote ATTEST: U 0 City Clerk