CCW PACKET MM - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, January 11, 2022 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chamber with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/xnclv3 Event number: 2337 005 9996 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Public Works Director and Director of Water Wastewater Reclassification (Dave Hugg, Interim City Manager) (Staff recommendation: Move the General Fund Engineering & Inspections Division, as well as the capital projects associated with the Department of Public Works, to the Department of Water Wastewater) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - January 11, 2022 PAGE 2 2. Evaluation of Proposals – Update to the City of Dover Wastewater System Master Plan (Jason Lyon, Director of Water and Wastewater) (Staff recommendation: Award the contract to Duffield Associates for the Update to the City of Dover Wastewater System Master Plan, RFP #22-0017WW, for the amount of $149,000) ADJOURNMENT OF THE UTILITY COMMITTEE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 3. Proposed Amendments to the City of Dover Charter (Dave Hugg, Interim City Manager) (Staff recommendation: Approval of the proposed amendments to the City of Dover Charter; adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter and adoption of the subsequent Ordinance amendments) 4. Booster Vaccine Incentive (Dave Hugg, Interim City Manager) (Staff recommendation: Allocating 4 additional hours of vacation time to Staff who receive or have received the Covid-19 booster vaccine. Time must be approved for use by Supervisor and used before June 30, 2022.) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

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Item 1. CITY OF DOVER POSITION DESCRIPTION TITLE: DIRECTOR OF WATER & WASTEWATER / ENGINEERING SERVICES FLSA: Exempt GENERAL DESCRIPTION The essential function of the position within the organization is to oversee and direct the Department of Water & Wastewater. Divisions include Water, Wastewater, Water Treatment, and Engineering (Streets, Stormwater, Water and Wastewater). The position is responsible for supervising staff, establishing long range plans, developing policy and procedures, managing departmental activities and events, preparing budgets, and evaluating, documenting, and reporting on events and activities to senior management and elected or appointed officials. Decision making is a major part of the position, affecting a major segment of the organization and the general public; works in a dynamic environment, responsible to develop policy and practices. PRIMARY DUTIES: This list represents the essential tasks performed by the position. Employees may be assigned additional duties by management as required. Supervises staff including establishing staffing standards, organizing, selecting or recommending selection, training, assigning and evaluating work, counseling, disciplining, and terminating or recommending termination. Responsible for creating and maintaining a productive, harmonious and respectful work environment. Genuine concern for employees’ success, hiring, training, empowerment and staff development. Strong understanding of leadership principles and practices. Provides leadership in developing and implementing a culture of service excellence, working to embed the standards, behaviors and strategies needed to bring lasting improvements in service delivery in all business areas. Develops goals, objectives, policy and procedures for departmental activities and programs in consultation with regulatory agencies, elected or appointed officials, senior management, department heads, and department staff. Monitors and researches trends, new methodology and technology, laws, rules, and City policy to develop and enhance public service processes and activities, and plan for future expansion to meet growth needs. Directs departmental activities, including water treatment and distribution, sewer collection, inspections and evaluations, contingency planning, safety, and other activities, processes, or programs. Advises and consults with elected and appointed officials, commissions, federal or state regulatory agencies, department heads, staff agencies, developers, civic or private groups, individuals, and others on problems, strategies, policies, and procedures related to services provided. Represents the City on regional and local boards or committees and at meetings concerning transportation, water and wastewater issues; makes presentations to elected or appointed officials, department heads and staff, and other public or private agencies or groups on significant issues or programs. Oversees administrative matters such as developing and defending departmental budgets, administering expenditures, conducting special studies, preparing departmental CIP, managing correspondence and records, reviewing contracts and bills, preparing routine and special reports, administering training, providing for staff technical or professional growth, and other administrative duties. DATA RESPONSIBILITY: Data refers to information, knowledge, and conceptions obtained by observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations. Synthesizes or integrates analysis of data or information to discover facts or develop knowledge or interpretations; modifies policies, procedures, or methodologies based on findings. 5

Item 1. CITY OF DOVER POSITION DESCRIPTION TITLE: PUBLIC WORKS DIRECTOR FLSA: Exempt GENERAL DESCRIPTION The essential function of the position within the organization is to oversee and direct the Department of Public Works. Divisions include Sanitation, Streets, Stormwater, Administration and GIS. The position is responsible for supervising staff, establishing long range plans, developing policy and procedures, managing departmental activities and events, preparing budgets, and evaluating, documenting, and reporting on events and activities to senior management and elected or appointed officials. Decision making is a major part of the position, affecting a major segment of the organization and the general public. PRIMARY DUTIES: This list represents the essential tasks performed by the position. Employees may be assigned additional duties by management as required. Supervises staff including establishing staffing standards, organizing, selecting or recommending selection, training, assigning and evaluating work, counseling, disciplining, and terminating or recommending termination. Responsible for creating and maintaining a productive, harmonious and respectful work environment. Genuine concern for employees’ success, hiring, training, empowerment and staff development. Strong understanding of leadership principles and practices. Provides leadership in developing and implementing a culture of service excellence, working to embed the standards, behaviors and strategies needed to bring lasting improvements in service delivery in all business areas. Develops goals, objectives, policy and procedures for departmental activities and programs in consultation with regulatory agencies, elected or appointed officials, senior management, department heads, and department staff. Monitors and researches trends, new methodology and technology, laws, rules, and City policy to develop and enhance public service processes and activities. Directs departmental activities, including street maintenance, drainage, solid waste collection, storm sewer collection, contingency planning, safety, and other activities, processes, or programs. Advises and consults with elected and appointed officials, commissions, federal or state regulatory agencies, department heads, staff agencies, developers, civic or private groups, individuals, and others on problems, strategies, policies, and procedures related to public works services. Represents the City at meetings concerning public works issues; makes presentations to elected or appointed officials, department heads and staff, and other public or private agencies or groups on significant public works issues or programs. Oversees administrative matters such as developing and defending departmental budgets, administering expenditures, conducting special studies, managing correspondence and records, reviewing contracts and bills, preparing routine and special reports, administering training, providing for staff technical or professional growth, and other administrative duties. DATA RESPONSIBILITY: Data refers to information, knowledge, and conceptions obtained by observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations. Conducts research to discover new methodologies or to find solutions for unresolved problems. 6

Item 1. DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF WATER & WASTEWATER ORGANIZATIONAL CHART CURRENT CITY MANAGER PUBLIC WORKS DIRECTOR DIRECTOR OF WATER & WASTEWATER PUBLIC WORKS SANITATION STREETS STORMWATER GENERAL FUND WATER WASTEWATER WATER TREAT. ADMINISTRATION ENG. & INSPECT. MANAGEMENT MANAGEMENT & PRODUCTION ADMINISTRATIVE SANITATION FIELD STREETS / STORMWATER FIELD SUPERVISOR WATER FUND WATER / WASTEWATER MAINTENANCE WATER PROD. ASSISTANT (2) SUPERVISOR II II SUPERVISOR MANAGER CONSTRUCTION MOTOR EQUIP. MANAGER UTILITY CONST. UTILITY MAINT. WATER PROD. GIS MANAGER CREW LEADER CREW LEADER OPERATOR II (2) CREW LEADER MECHANIC II (3) SUPERVISOR CIVIL ENGINEER I MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. HEAVY EQUIP. UTILITY MAINT. WATER TREAT. GIS TECHNICIAN OPERATOR III (2) OPERATOR II OPERATOR I (4) OPERATOR I MECHANIC I (3) PLANT OP. II (4) WASTEWATER FD GENERAL FUND MOTOR EQUIP. SIGN / STREET ENVIRONMENTAL MOTOR EQUIP. WATER SERVICE UTILITY MAINT. ENG. & INSPECT. OPERATOR II (3) ` PAINTER (2) SCIENTIST OPERATOR III (2) PERSON MECHANIC II CIVIL ENGINEER I MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. WATER TREAT. CIVIL ENGINEER I OPERATOR I (4) OPERATOR I (2) PUBLIC WORKS OPERATOR II OPERATOR II (2) PLANT OP. I (7) INSPECTOR PUBLIC WORKS 32 TOTAL STAFF MOTOR EQUIP. 36 TOTAL STAFF INSPECTOR 7 DIRECT REPORTS OPERATOR I (2) 5 DIRECT REPORTS 7 12/17/2021

Item 1. DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF WATER & WASTEWATER ORGANIZATIONAL CHART PROPOSED CITY MANAGER PUBLIC WORKS DIRECTOR DIRECTOR OF WATER & WASTEWATER / ENGINEERING SERVICES PUBLIC WORKS SANITATION STREETS STORMWATER GENERAL FUND WATER WASTEWATER WATER TREAT. ADMINISTRATION ENG. & INSPECT. MANAGEMENT MANAGEMENT & PRODUCTION ADMINISTRATIVE SANITATION FIELD STREETS / STORMWATER FIELD SUPERVISOR WATER FUND WATER / WASTEWATER MAINTENANCE WATER PROD. ASSISTANT (2) SUPERVISOR II II SUPERVISOR MANAGER CONSTRUCTION MOTOR EQUIP. MANAGER UTILITY CONST. UTILITY MAINT. WATER PROD. GIS MANAGER CREW LEADER CREW LEADER OPERATOR II (2) CREW LEADER MECHANIC II (3) SUPERVISOR CIVIL ENGINEER I MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. HEAVY EQUIP. UTILITY MAINT. WATER TREAT. GIS TECHNICIAN OPERATOR III (2) OPERATOR II OPERATOR I (4) OPERATOR I MECHANIC I (3) PLANT OP. II (4) WASTEWATER FD MOTOR EQUIP. SIGN / STREET ENVIRONMENTAL MOTOR EQUIP. WATER SERVICE UTILITY MAINT. OPERATOR II (3) ` PAINTER (2) SCIENTIST OPERATOR III (2) PERSON MECHANIC II CIVIL ENGINEER I MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. MOTOR EQUIP. WATER TREAT. OPERATOR I (4) OPERATOR I (2) PUBLIC WORKS OPERATOR II OPERATOR II (2) PLANT OP. I (7) INSPECTOR 30 TOTAL STAFF MOTOR EQUIP. 38 TOTAL STAFF 5 DIRECT REPORTS GENERAL FUND OPERATOR I (2) 6 DIRECT REPORTS CIVIL ENGINEER I PUBLIC WORKS INSPECTOR 8 12/17/2021

Item 2. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: December 30, 2021 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater REVIEWED BY: David Hugg, Interim City Manager and Lori Peddicord, Controller/Treasurer SUBJECT: Evaluation of Proposals – Update to the City of Dover Wastewater System Master Plan TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in one hundred and twenty (120) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $149,000* AMOUNT BUDGETED: $125,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater- Wastewater Engineering Account No.: 402-41- 26-99-000-53031. *The City of Dover was awarded a Wastewater Matching Planning Grant to cover $50,000 of the cost of the project, this was accepted by the Water Infrastructure Advisory Council (WIAC). Actual City funding to be used for the project will be $99,000. STAFF RECOMMENDATION: Award contract to Duffield Associates for the Update to the City of Dover Wastewater System Master Plan, RFP #22-0017WW, for the amount of $149,000. BACKGROUND AND ANALYSIS: This operationally funded project includes a consultant to provide a complete re-evaluation of the City wastewater system, including hydraulic analysis of the transmission system and our pump stations and associated force mains. The plan will update the projected long-term wastewater impacts of the City, and the condition of each pump station. This update will also provide an evaluation of existing operational practices, including public outreach to customers. This update will provide a twenty (20) year capital 9

Item 2. outlook on improvements for the wastewater system. This update will work in conjunction with the adopted 2009 City of Dover Comprehensive Plan. The proposal was advertised to the public as a Request for Proposals in accordance with the City’s purchasing policy by the City’s Purchasing Agent under RFP #22-0017WW. Proposals were opened on November 30, 2021. The City of Dover received three (3) proposals. Each proposal was rated in six (6) categories and evaluated by three (3) staff members. The proposal evaluations are as follows: AVG. CONTRACTOR LOCATION EVALUATED SCORE DUFFIELD ASSOCIATES DOVER, DE 74 WHITMAN, REQUARDT & BALTIMORE, 70 ASSOCIATES MD REMINGTON & VERNICK NEWARK, DE 54 ENGINEERS * - Duffield Associates claimed local vendor preference which provided a 3% reduction on their evaluation score, actual evaluated price for project was $144,530. City staff reviewed the submissions and found that the Duffield Associates proposal met all requirements for the qualifications of the project and received the highest average score from the evaluators. Staff recommends awarding the contract to Duffield Associates in the amount of $149,000 for the Update to the City of Dover Wastewater System Master Plan. 10

Item 3. ACTION FORM MEETING DATE: 01/11/2022 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, Interim City Clerk and David S. Hugg III, Interim City Manager DATE SUBMITTED: 01/06/2022 SUBJECT: Proposed Charter Amendments - Gender Language, Transitional Language, and Typographical Corrections; Amendments to Election Deadlines, Election Board Activity; Meeting Time; Compensation for Mayor and Councilmembers; Amendments to the Appointments of the City Clerk, Controller/Treasurer, City Assessor, City Solicitor and Deputy City Solicitor; and Removal of Obsolete Street and Sidewalk Language. RELATED PROJECT: Proposed Ordinance Amendments to the Dover Code Associated with Adopted Charter Amendments APPROVALS: City Council/General Assembly EXHIBITS: City of Dover - Proposed Charter Amendments in Full Context (01/11/2022) EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to amend Dover’s Charter. The Resolution will be presented to City Council with the proposed Charter amendments and, upon adoption, the amendments will be forwarded to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter; adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter and subsequent Ordinance amendments. BACKGROUND AND ANALYSIS Staff prepared proposed Charter amendments to typographical and gender neutral corrections throughout; amendments to election deadlines, election board activity; the Council meeting time; compensation for the Mayor and Councilmembers; amendments to the appointments of the City Clerk, Controller/Treasurer, City Assessor, City Solicitor and Deputy City Solicitor; and removal of obsolete street and sidewalk language. Additionally, proposed ordinance amendments will be presented to address the Charter amendments effecting the Dover Code. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendments - CAF 01-11-2022 CCW-LF&A.wpd 11

Item 3. PART I - CHARTER AND RELATED LAWS Subpart A CHARTER 1 Subpart A CHARTER1 2 PREAMBLE 2 3 We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to 4 secure the benefits of local self governmentself-government and to provide for an honest and accountable council 5 manager government do hereby adopt this charter and confer upon the city the following powers, subject to the 6 following restrictions, and prescribed by the following procedures and governmental structure. By this action, we 7 secure the benefits of home rule and affirm the values of representative democracy, professional management, 8 strong political leadership, citizen participation, and regional cooperation. 77 Del. Laws, c. 130, § 1 9 10 ARTICLE I. POWERS OF THE CITY3 11 Sec. 1.01. Powers of the City. 12 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and 13 elsewhere, the City of Dover shall assume and have all powers which under the Constitution of the State it would Senate Bill 126, adopted July 12, 2005, amended this Charter in its entirety and enacted similar provisions as set 1 out herein. The former Charter derived from 37 Laws of Del., ch. 151, §§ 1, 2, adopted March 23, 1931; 37 Laws of Del., ch. 152, § 1, adopted April 25, 1931; 38 Laws if Del., ch. 99, § 1, adopted April 4, 1933; 40 Laws of Del., ch. 159, § 1, adopted April 1, 1935; 46 Laws of Del., ch. 275, adopted April 10, 1947; 47 Laws of Del., ch. 219, § 1, adopted June 8, 1949; 47 Laws of Del., ch. 313, § 1, adopted June 29, 1949; 47 Laws of Del., ch. 330, § 1, adopted June 30, 1949; 48 Laws of Del., ch. 323, § 1, adopted June 5, 1951; 48 Laws of Del., ch. 334, adopted June 5, 1951; 51 Laws of Del., ch. 92, § 1, adopted May 14; 1952; 49 Laws of Del., ch. 318, §§ 1—4, adopted July 8, 1953; 61 Laws of Del., ch. 147, § 1, adopted July 14, 1955; 50 Laws of Del., ch. 471, § 1, adopted July 18, 1955; 52 Laws of Del., ch. 112, § 1, adopted June 30, 1959; 54 Laws of Del., ch. 96, §§ 1, 4, adopted July 8, 1963; 54 Laws of Del., ch. 165, § 1, adopted Dec. 7, 1963; 59 Laws of Del., ch. 98, §§ 1—4, adopted June 25, 1973; 60 Laws of Del., ch. 301, § 3, adopted Jan. 20, 1976; 60 Laws of Del., ch. 311, § 1, adopted Feb. 5, 1976; 60 Laws of Del., ch. 447, § 2, adopted June 11, 1976; 60 Laws of Del., ch. 457, §§ 1, 3, 4, 6—9, adopted June 11, 1976; 61 Laws of Del., ch. 147, §§ 2—5, adopted July 14, 1977; 64 Laws of Del., ch. 5, §§ 1—7, 11—17, adopted Jan. 20, 1983; Amd. of 1-27-1983; 64 Laws of Del., ch. 143, § 1, adopted July 12, 1983; Amd. of 7-8-1986 (H.B. No. 260); 56 Laws of Del., ch. 49, §§ 1—3, adopted June 28, 1987; Amd. of 6- 29-1987 §§ 1, 2 (H.B. No. 228, §§ 1, 2); Amd. of 7-16-1987 (H.B. No. 231, §§ 1, 2); 66 Laws of Del., ch. 361, § 1, adopted July 12, 1988; 66 Laws of Del., ch. 365, §§ 1—3, 5—9, 11, 12, adopted July 12, 1988; 67 Laws of Del., ch. 7, §§ 1, 3—5, adopted Jan. 26, 1989; Amd. of 8-27-1990 (H.B. No. 52, § 1); Amd. of 8-27-1990 (H.B. No. 53, § 1); Amd. of 11-26-1990 (H.B. No. 115, §§ 1, 2); Amd. of 5-11-1992 (H.B. No. 617, §§ 1—3); Amd. of 12-14-1993 (H.B. No. 55, §§ 1, 2); Amd. of 6-16-1997 (H.B. No. 214, § 1); Amd. of 4-4-2000 (ch. 431, § 1); Amd. of 7-9-2001 (H.B. No. 261, § 1); and Amd. of 6-17-1992 (H.B. No. 260, § 1). Editor's note(s)—Senate Bill 165, § 1, adopted July 8, 2009, added this preamble to the Charter. 2 Editor's note(s)—S.B. No. 165, § 2, adopted July 8, 2009, amended art. I in its entirety and enacted the provisions 3 set out herein. The former art. I, titled General Provisions, derived from Amd. of 7-12-2005 (S.B. 126). Dover, Delaware, Code of Ordinances Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 1 of 28 12

Item 3. 14 be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute. 77 15 Del. Laws, c. 130, § 2 16 (Amd. of 7-8-2009 (S.B. 165, § 2)) 17 Sec. 1.02. Construction. 18 The powers of the city under this charter shall be construed liberally in favor of the city, and the specific 19 mention of particular powers in the charter shall not be construed as limiting in any way the general power 20 granted in this article. 77 Del. Laws, c. 130, § 2 21 (Amd. of 7-8-2009 (S.B. 165, § 2)) 22 Sec. 1.03. Intergovernmental Relations. 23 The city may participate by contract or otherwise with any governmental entity of this state or of the United 24 States in the performance of any activity which one or more of such entities has the authority to undertake. 77 25 Del. Laws, c. 130, § 2 26 (Amd. of 7-8-2009 (S.B. 165, § 2)) 27 Sec. 1.04. Municipal corporation continued; boundaries. 28 The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue to be a body 29 politic and corporate. The boundaries of the City of Dover are hereby established and declared as recorded on the 30 official map of record in the Recorder of Deeds Office in and for Kent County and State of Delaware as presently 31 existing and as hereinafter amended. 77 Del. Laws, c. 130, § 2 32 (Amd. of 7-8-2009 (S.B. 165, § 2)) 33 Sec. 1.05. Procedure to extend boundaries. 34 The Citycity may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, Section 35 101 (22 Del. C. §101) through the following annexation processes: 36 (1) In the case where annexation is petitioned by all owners of all property considered for annexation, no 37 election shall be required. 38 For an annexation petition not requiring an election, such petition shall be processed in accordance 39 with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - 40 Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property 41 considered for annexation and shall be subject to public hearing before City Council. Public notice shall 42 be completed in accordance with the provisions of the Dover Code relating to amendment of the 43 zoning map. 44 (2) In the case where annexation is not petitioned by all owners of all property considered for annexation, 45 such annexation shall be subject to an election, as follows: 46 (a) In order to extend the boundaries of Thethe City of Dover the council shall adopt a resolution 47 proposing the inclusion of all property considered for annexation within the limits of Thethe City 48 of Dover and calling for a special election to be held not less than thirty (30) nor more than sixty 49 (60) days after the adoption of the resolution, in accordance with Title 22, Chapter 1, Section Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 2 of 28 13

Item 3. 50 101, Delaware Code. The resolution shall contain a description of all property considered for 51 annexation, the date of the election, and the place or places of said election. The resolution shall 52 be published in at least two (2) issues of a newspaper of general circulation within the City of 53 Dover at least two (2) weeks prior to the day of said election. 54 (b) The annexation election shall be held by the city's election officers. Each owner of the property 55 considered for annexation shall be entitled to one (1) vote. Owners of real estate in common 56 shall be entitled to one (1) vote each. Life tenants shall be entitled to one (1) vote each but the 57 holders of the remainder interest or similar interest subject to the life estate shall not be entitled 58 to vote. Corporations, firms or associations shall be entitled to one (1) vote, the same as private 59 persons. 60 More than one (1) annexation election may be held on the same day; however, the elections 61 shall be separate. 62 The Councilcouncil of the City of Dover shall provide the ballots and shall bear the cost of holding 63 such annexation elections. The ballots shall briefly indicate the property proposed for annexation 64 and shall provide two (2) boxes on the ballot beside which shall appear the words "FOR inclusion 65 within Thethe City of Dover," and "AGAINST inclusion within Thethe City of Dover." Each voter 66 shall indicate their preference by making a mark within the box beside the words expressing their 67 preference. 68 For the annexation election, the polls shall open at 11:00 a.m. to and remain open until each 69 eligible voter has cast their vote or until 8:00 p.m., whichever occurs first. When the polls are 70 closed the election officers shall publicly count the votes and forthwith certify to the clerk of the 71 council the number of votes cast for and against inclusion within the city limits. At the next 72 regular or special meeting of the council the mayor and council shall receive the results of the 73 election and make the same a part of the minutes of said meeting. 74 If a majority of the votes cast in an annexation election are in favor of the inclusion of that 75 property, the council may thereupon adopt a resolution annexing said property and including 76 same within the limits of Thethe City of Dover. Upon the adoption of a resolution of annexation a 77 copy thereof certified by the clerk of councilcity clerk and a plot of the area annexed shall be 78 forthwith filed for record with the Recorder of Deeds of Kent County, and the area so annexed 79 shall for all purposes thenceforth be part of Thethe City of Dover. 80 If a majority of the votes cast in an annexation election shall be against the inclusion of that 81 property within the limits of Thethe City of Dover, the proposed annexation of said property shall 82 be declared to have failed. Nothing in this Charter shall prohibit the council from resubmitting a 83 proposal for annexation to the eligible voters for said property, or any portion thereof, under the 84 authority of this section and in accordance with the provisions thereof. 77 Del. Laws, c. 130, § 2; 85 79 Del. Laws, c. 106, § 1 86 (Amd. of 7-8-2009 (S.B. 165, § 2); Res. No. 2013-10 (S.B. 71), 3-11-2013 ) 87 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 88 The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this Charter, or within 89 the boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "Thethe 90 City of Dover," and under that name shall have perpetual succession; may have and use a corporate seal; may sue 91 and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real property and personal 92 property within or without its boundaries for any municipal purpose, in fee simple or lesser estate or interest, and 93 may sell, lease, hold, manage, and control such property as its interest may require; and shall have all other Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 3 of 28 14

Item 3. 94 powers and functions requisite or appropriate for the government of the city, its peace and order, its sanitation, 95 appearance and beauty, the health, safety, convenience, comfort and well-being of its population, and the 96 protection and preservation of property, public and private. 97 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal 98 property under this Charter, except as is herein otherwise specifically provided, the Councilcouncil must follow 99 applicable State Law. 77 Del. Laws, c. 130, § 3 100 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 3)) 101 Sec. 3. Employee pension, benefit and retirement systems authorized. 102 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or 103 benefits through group insurance or otherwise as may be found proper and necessary, providing for life, accident, 104 health, hospitalization and death benefits, or any or either of them, for the regular employees of the said "The City 105 of Dover." The said "The City of Dover" is hereby authorized, empowered and permitted to enter into an 106 agreement or agreements with one or more insurance companies to provide a group insurance plan or plans, as 107 may be required or proper to carry out such system of pensions or benefits. The election to exercise such authority 108 on the part of the city shall be evidenced by an ordinance or resolution duly adopted by the Councilcouncil of The 109 City of Dover as other ordinances or resolutions are adopted, and the same shall be recorded in the official 110 minutes of the said council. Such ordinance or resolution shall provide for and establish a fund for the payment of 111 the costs of such pension system or benefits by making appropriations out of the treasury of the said "The City of 112 Dover," or by requiring contributions payable from time to time by the employees included in such plan or plans, 113 or by a combination of both, or by any other method not prohibited by law. The participation in any plan adopted 114 shall be deemed to be mandatory by the City of Dover and made a condition of employment and continuing 115 employment. 116 The city council shall have power to enact ordinances for a pension or retirement system for the police of the 117 City of Dover, and to set aside a special fund for that purpose which fund shall be administered in accordance with 118 ordinances made and provided in that behalf and the laws of the State of Delaware. 119 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose 120 and collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real 121 property within the city not to exceed one and a half percent (1.5%) or as amended by State law of the value of the 122 real property as represented by the document transferring the property. The provisions of Section 5401 and 123 Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax 124 imposed by the City of Dover pursuant to the authority granted herein. The Council of the City of Dover may adopt 125 an ordinance or ordinances to provide for the effective administration and regulation of any tax adopted pursuant 126 to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by way of a 127 stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record documents 128 subject to said tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax. 77 129 Del. Laws, c. 130, § 4 130 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 131 (Moved to 49B. Realty transfer tax) 132 133 134 135 136 137 Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 4 of 28 15

Item 3. PART I - CHARTER AND RELATED LAWS Subpart A - CHARTER ARTICLE II. MAYOR AND COUNCIL 138 ARTICLE II. MAYOR AND COUNCIL 139 Sec. 4. General powers and duties. 140 All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, 141 and the council shall provide for the exercise thereof and for the performance of all duties and obligations 142 imposed on the city by law. 77 Del. Laws, c. 130, § 5 143 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 5)) 144 Sec. 5. Council to be legislative body; size; districts; terms of mayor and 145 councilmencouncilmembers; qualifications. 146 The council shall be the legislative body of the city and composed of nine (9) members nominated and 147 elected as herein provided. 148 The city shall be divided into four (4) election districts, the boundaries of which shall be established by 149 council so that they are nearly equal in population based on the latest federal decennial census information. The 150 district boundaries established for municipal elections shall be used for the next regular municipal election and 151 shall continue in effect until the next succeeding federal decennial census is made available for use by 152 municipalities in the State of Delaware. 153 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term of mayor 154 elected at the April 2012 regular municipal election shall be for a period of three years, commencing on the second 155 Monday in May following his/her election and continuing for a term of three years until the second Monday in 156 May 2015, or until his/her successor has been duly elected and qualified. 157 Thereafter, commencing with the regular municipal election to be held in April of 2015, the The term of 158 mayor shall be for a period of four years commencing on the second Monday in May following his/hertheir 159 election and continuing for a term of four years until the second Monday in May, or until his/hertheir successor 160 has been duly elected and qualified. 161 At the regular municipal election held in April of 2012, four councilmen shall be elected by district voting 162 from each of the districts of the city. The term of the councilmen elected at the April 2012 regular municipal 163 election shall be for three years, commencing on the second Monday in May following their election and 164 continuing for a term of three years until the second Monday in May 2015, or until their successors have been duly 165 elected and qualified. 166 At the regular municipal election held in April of 2013, five councilmen shall be elected, four by district voting 167 being from the districts and one at-large. The term of the councilmen elected at the April 2013 regular municipal 168 election shall be for a period of four years, commencing on the second Monday in May following their election and 169 continuing for a period of four years until the second Monday in May, or until their successors have been duly 170 elected and qualified. 171 Thereafter, commencing with the regular municipal election to be held in April of 2013, the The terms of the 172 councilmencouncilmembers shall be for a period of four years, commencing on the second Monday in May 173 following their election and continuing for a term of four years until the second Monday in May, or until their 174 successors have been duly elected and qualified. The mayor and at-large councilmancouncilmember shall be 175 elected at alternating biennial regular municipal elections. Dover, Delaware, Code of Ordinances Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 5 of 28 16

Item 3. 176 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of 177 the election be: 178 (1) A citizen of the United States and of the State of Delaware; 179 (2) A resident of the city and having continuously resided therein or in an area annexed to the city during 180 the two (2) years immediately preceding the day of the election; 181 (3) A resident of the election district from which they are seeking election, unless they are seeking election 182 as an at-large councilmancouncilmember or mayor; 183 (4) Eighteen (18) years of age or older; and 184 (5) Nominated therefore, as hereinafter provided; and. 185 (6) A registered voter of the City of Dover. 186 Holding Other Office. Except where authorized by law, no council memberscouncilmembers shall hold any 187 other elected public office, city office, or city employment during the term for which the member was elected to 188 the council. No former council memberscouncilmembers shall hold any compensated appointive office or 189 employment with the city until one year after the expiration of the term for which the member was elected to the 190 council, unless granted a waiver by the Board of Ethics (Ethics Commission)board of ethics (ethics commission). 77 191 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 2, § 1; 78 Del. Laws, c. 213, § 1; 79 Del. Laws, c. 105, § 1. 192 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 (S.B. 8); Res. No. 193 2011-11 (S.B. 165), 10-10-2011; Res. No. 2013-09 (S.B. 69), 3-25-2013 ) 194 Sec. 6. Municipal election; dates, time, and place of elections. 195 Regular municipal elections shall be held biennallybiennially on the third Tuesday in April. All other municipal 196 elections that may be held shall be known as special municipal elections. At each such municipal election, the polls 197 shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of election and make all 198 necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for 199 the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or 200 fraud. At alternating biennial regular municipal elections held on the third Tuesday in April, five 201 councilmencouncilmembers shall be elected for a term of four years, four of whom shall be elected by district 202 voting from each of the districts as designated by council and one of whom shall be elected by at largeat-large 203 voting by all voters of the city, as provided in section 5 of this Charter. At the next biennial regular municipal 204 election held on the third Tuesday in April, four councilmencouncilmembers shall be elected by district voting from 205 each of the districts as designated by council for a term of four years, and a mayor shall be elected by at-large 206 voting by all the voters of the city for a term of four years, as provided in section 5 of this Charter. 77 Del. Laws, c. 207 130, § 7; 78 Del. Laws, c. 213, § 2. 208 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 7); Res. No. 2011-11 (S.B. 165), 10-10-2011) 209 Sec. 7. NominationNominating petitions for candidates for council and mayor. 210 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less 211 than ten (10) nor more than twenty-five (25) electorsregistered voters of the city, filed with the clerk of council. In 212 the years when a mayor is to be elected, nominating petitions for candidates for mayor shall be accepted no 213 sooner than the first working day of January and not later than the last working day of January onat or before 4:30 214 p.m. on the second Friday of February bienially Nominating petitions for candidates for council andshall be 215 accepted no sooner than the first working day of January and not later than the last working day of February 216 biennially onat or before 4:30 p.m. on the last working day in January biennally for candidates for mayor in the Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 6 of 28 17

Item 3. 217 years when a mayor is to be elected. Should the second Friday of February fall on a legal holiday, the filing date 218 shall be 4:30 p.m. on the next working day thereafter which is not a legal holiday. 219 Whenever a petition nominating a person for the office of mayor or councilmancouncilmember shall have 220 been filed as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 221 municipal election as a candidate for the office for which they were nominated, provided they possess the 222 qualifications prescribed by this Charter for a candidate for such office. 223 No nominating petition shall designate more than one person to be voted for as a member of council or as 224 mayor. 225 The signers of a nominating petition for a member of the council must be electorsregistered voters of the 226 city residing in the city election district in which the nominee resides; but the signers to theof a nominating 227 petition for the mayor and for the at-large councilmancouncilmember may be registered voters of the city electors 228 residing in the city at-large. 229 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number 230 of signers and that each signature appended thereto was made in their presence, and is the genuine signature of 231 the person whose name it purports to be, and that all of said signers are entitled to vote at the regular municipal 232 election referred to; and, in the case of a petition nominating a candidate for councilmancouncilmember running 233 from a particular district and to be elected by district voting, that the circulator of the petition verily believes that 234 each signer of said petition is a resident of the same city election district in which the nominee resides. 235 With each signature shall be stated the place of residence of the signer, giving the street and numberaddress 236 or other description sufficient to identify the same. The form of the nominating petition shall be substantially as 237 follows: 238 We, the undersigned, electors of Theregistered voters of the City of Dover, hereby nominate ___________, 239 who resides in the ___________ City District of the said City of Dover, for the office of 240 Councilmancouncilmember (or for the office of Mayormayor as the case may be) to be voted for at the 241 regular municipal election to be held in the said City, on the ________ day of ________ in the year 242 ________; and we individually certify that we are qualified to vote for a candidate for the office named, and 243 that we have not signed any other nominating petition for that office, and that our places of residences are 244 truly stated after our signatures. 245 Name 246 Street and numberaddress 247 (Space for Signatures) 248 STATE OF DELAWARE 249 KENT COUNTY 250 SS. 251 ________ being duly sworn (or affirmed) deposes and says that they were the circulator of the foregoing 252 petition paper containing ___ signatures, and that the signatures appended thereto were made in 253 his/hertheir presence, and are the signatures of the persons whose names they purport to be, and that they 254 verily believes the residence of each signer thereof to be truly stated, and that all of said signers are entitled 255 to vote at the regular municipal election referred to in said paper; and, in case the petition is nominating a 256 candidate for councilmancouncilmember to be elected from a specific district by district voting, that each 257 signer of said petition is a resident of the same city election district in which the nominee resides. 258 (Signed) 259 Subscribed and sworn to (or affirmed) before me this ________ day of ________ Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 7 of 28 18

Item 3. 260 ___________ Justice of the Peace (or Notary Public) 261 77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3. 262 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 8); Res. No. 2011-11 (S.B. 165), 10-10-2011) 263 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible 264 to vote; voter registration; official ballots and voting machines; absentee ballots. 265 There is hereby created the election board which shall be a non-elected body to oversee the municipal 266 elections, as well as to serve as an advisory board to Councilcouncil on such matters as voter registration, 267 municipal elections, election rules and regulations, and polling locations for City elections. The board shall be 268 composed of five (5) members, serving three (3) years terms, to be appointed by the Mayormayor and confirmed 269 by council at the Annual Meeting, or as necessary to fill vacancies as they occur. One member shall be appointed 270 from each district into which the city has been divided for election purposes, and one member shall be appointed 271 on an at largeat-large basis. The City Clerkcity clerk shall serve as a liaison member of the board. Upon expiration 272 of the term of appointment, a member shall serve until his/hertheir successor has been duly appointed. If a 273 vacancy occurs during the term of any member of the election board, a person residing in the same numbered 274 district shall be appointed to fill the remainder of said term. Members serve without salary, but shall be paid a per 275 diem allowance as specified by Citycity ordinances. 276 To be eligible for appointment to the election board, each prospective member shall be a citizen of the 277 United States, a registered voter within the Citycity, and have resided within the geographical boundaries of the 278 Citycity for one year preceding the appointment. The Mayormayor and members of Councilcouncil, their parents, 279 spouse, or children, shall not be eligible for appointment to the election board. 280 Election board members will voluntarily remove themselves from the election board prior to participating in 281 any campaign to elect a candidate. Upon certification of the election results, the election board member shall 282 resume their duties on the board. If a majority of councilmembers determine that a conflict of interest or a 283 potential conflict of interest exists regarding an election board member and a candidate, then the election board 284 member shall be temporarily removed from the election board. 285 All elections shall be held by an election board. The City Clerkcity clerk may designate such other persons as 286 he/shethey shall deem necessary to assist the members of the election board in the conduct of the election and 287 counting of the ballots. Should any or all of the members of the election board be absent from the place of 288 election at 7:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the 289 time the polls are open and until the ballots are counted and the results of the election certified, the voters of the 290 city present at such time may choose from the qualified voters of the city such person or persons as shall be 291 necessary to fill places made vacant by the absence or neglect aforesaid. 292 When the polls are closed, the election board shall publicly count the votes and shall certify the results of the 293 election to each of the persons elected and to the council. The candidate for the office of mayor who receives the 294 highest number of votes cast for that office shall be declared to be elected mayor; the candidate for the office of 295 at-large councilmancouncilmember who receives the highest number of votes cast for that office shall be declared 296 to be elected at-large councilmancouncilmember; and the candidates for the offices of councilmencouncilmember 297 from each district who receive the highest number of votes cast by voters who reside in that district and cast votes 298 for councilmencouncilmember of that district shall be declared to be elected to that office. In the event of a tie 299 vote for any office, a special election for said office(s) only shall be held within thirty (30) days and the registration 300 books shall remain closed until the outcome of the special election is determined. 301 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the 302 election and who is properly registered to vote shall be entitled to vote at all regular or special municipal elections. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 8 of 28 19

Item 3. 303 A voter will be considered properly registered to vote if they are properly registered to vote for state elections in 304 accordance with Title 15 of the Delaware Code as amended. 305 The council shall provide for the use of voting machines in all regular and special municipal elections in 306 conformity with Title 15 of the Delaware Code by ordinance duly adopted by council. Voting machines shall be 307 used in accordance with Title 15 of the Delaware Code and by ordinance duly adopted by council. The names of 308 the candidates for each office shall be listed in alphabetical order on the voting machines under the name of the 309 office to which they seek election. The voters shall designate their choice of candidates in accordance with the 310 regular method of operation of voting machines. The council may provide sample ballots plainly marked as such 311 and printed on paper of any color except white to be distributed to any voter or candidate who requests them 312 prior to or during the election. 313 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election either 314 because of being in the public service of the United States or of this state, or because they will be unavoidably 315 absent from the city on the day of the election, or because of his/hertheir sickness or physical disability may cast a 316 ballot at such election by absentee ballot to be counted in the total of such election. The council may provide the 317 rules and regulations for such absentee voting by ordinance for all elections. 77 Del. Laws, c. 130, § 9,10 318 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, §§ 9, 10)) 319 Sec. 9. Meetings of mayor and council—Generally. 320 At 7:30 p.m. onOn the second Monday in May following a regular municipal election, the mayor and council 321 shall meet at the usual place for holding council meetings and the newly elected officers shall assume the duties of 322 office, being first duly sworn or affirmed to perform their duties with fidelity. Such meeting shall be called or 323 known as the annual meeting. Thereafter, the council shall hold regular meetings at such times as may be 324 prescribed by ordinance, but not less frequently than once each month. Special meetings may be called and held 325 as prescribed by ordinance. All meetings of the council shall be open to the public except scheduled executive 326 sessions. 327 At the annual meeting held on the second Monday in May, the members of council shall elect one of their 328 members to serve as council president, such term to be in effect until the next regularly scheduled annual meeting 329 or until a successor is elected. The council president shall serve as vice-mayor. The Councilcouncil president shall 330 preside over regular and special council meetings. 331 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting 332 present a state of the city message and offer mayoral appointments for council confirmation. The mayor, upon 333 recommendation from the council president, will present council appointments for council approval. 334 In the event of absence of the council president, then the senior member of council in terms of length of 335 service as a councilmancouncilmember shall assume the duties of the council president and shall be designated 336 council president acting. In the event that two (2) or more members of council have the same seniority in terms of 337 length of service as a councilmancouncilmember, then the members of council shall vote and elect one of those as 338 council president acting. Council president acting shall fulfill all of the duties and responsibilities of council 339 president during his/hertheir period of unavailability or absence. 340 (Amd. of 7-12-2005 (S.B. 126)) 341 Sec. 10. Meetings of mayor and council—Procedure. 342 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number 343 may adjourn from time to time and may compel the attendance of absent members in such manner and under 344 such penalties as may be prescribed by ordinance. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 9 of 28 20

Item 3. 345 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a 346 majority of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor in 347 those cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided that in 348 the absence of such approval by the mayor, or the vice-mayor as the case may be, the council may, after not less 349 than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the said ordinance, 350 resolution, motion or order which did not receive the approval of the mayor, or the vice-mayor, by the affirmative 351 vote of two-thirds of the members elected to council. 352 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the 353 mayor, or the vice-mayor, to signify his/hertheir approval or disapproval thereof in writing to the clerk of the 354 council within seven (7) days thereafter. The clerk of the council shall forthwith notify the members of the council 355 of such approval or disapproval. 356 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not 357 require the approval of the mayor or vice-mayor. 358 A councilmancouncilmember shall abstain from voting on a matter that he/she feelsthey feel would involve 359 the consideration of his/hertheir own official conduct, on a matter in which he/she hasthey have a financial 360 interest, in a matter in which he hasthey have a conflict of interest or in accordance with a policy adopted by 361 council. 362 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together 363 with the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal shall be 364 deemed conclusive evidence of the facts stated therein except in the case of fraud. 365 The city council may adopt any standard code of technical regulations by reference thereto in an adopting 366 ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for 367 ordinances generally except that: 368 (1) The requirements for distribution and filing of copies of the ordinance shall be construed to include 369 copies of the code of technical regulations as well as of the adopting ordinance, and 370 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be 371 authenticated and recorded by the city clerk. 372 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution 373 or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11 374 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 11)) 375 Sec. 11. Council to be judge of election results and qualification of members; power to fix 376 procedure. 377 The council shall be the judge of the election results and qualification of its members and, in such cases, shall 378 have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the 379 decision of the council in any such case shall be subject to review by the courts. The holding over members shall 380 constitute the council for the purpose of determining election contests. The council shall determine its own rules 381 and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of 382 absent members, and may punish its members for disorderly behavior. 383 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 10 of 28 21

Item 3. 384 Sec. 12. Compensation; expenses—Mayor, council members, and other elected or appointed 385 officials. 386 The city council shall determine the annual salary and emoluments of the mayor, council members, and 387 other elected or appointed officials by ordinance to be adopted annually with the adoption of the Fiscal Year 388 Budget ordinance., but no ordinance increasing the salary of the mayor or city council members shall become 389 effective until the date of commencement of the terms of the mayor or council members elected at the next 390 regular election. The mayor and council members shall receive their actual and necessary expenses incurred in the 391 performance of their duties of office. 77 Del. Laws, c. 130, § 12 392 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 12)) 393 Sec. 13. Vacancies; forfeiture of office; filling of vacancies. 394 (a) Vacancies. The office of mayor or a council membercouncilmember shall become vacant upon the 395 member'stheir death, resignation, or removal from office or forfeiture of office in any manner authorized by 396 law. 397 (b) Forfeiture of Office. A council memberThe mayor or councilmember shall forfeit that office if theythe council 398 member: 399 (1) Fails to meet the residency requirements, 400 (2) Violates any express prohibition of this charter, 401 (3) IsAre convicted of a crime involving moral turpitude, or 402 (4) Fails to attend three consecutive regular meetings of the council without being excused by the council. 403 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 404 vacancy shall be less than six months or less in duration from the next regular or special election, the office shall 405 remain vacantvacancy shall be filled at the next regular or special election if there is sufficient time to meet the 406 requirements of the Dover Code of Ordinance, the City of Dover Charter, and Title 15 of the Delaware Code. If such 407 vacancy should be in excess of six months in duration, a special election shall be held to fill such vacancy, this 408 special election to be held no sooner than 3060 days from the date of the vacancy, but said special election to be 409 held no later than 6090 days after the date of the vacancy. If council fails to call for a special Election, the special 410 Electionelection shall be called by the Election Boardelection board. 77 Del. Laws, c. 130, § 13 411 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 13)) 412 Sec. 14. Duties of mayor. 413 The mayor shall be the executive and chief official of the city. The Mayormayor shall have the powers and 414 perform the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at 415 the annual meeting of the council and at all quarterly town meetings. The council president shall preside at all 416 other meetings of the council. The mayor shall have no vote on council matters of any nature whatsoever. The 417 mayor is an ex officio member of all committees, but shall have no vote. 418 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 11 of 28 22

Item 3. 419 Sec. 15. Council president/vice-mayor, duties of. 420 At each annual meeting, the council shall elect one of their number as council president who shall also serve 421 as vice- mayorvice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, 422 the vice-mayor shall have all the powers and duties of the mayor, except as hereinafter provided. The council 423 president and vice-mayor shall retain his/hertheir right to vote as councilmancouncilmember at all times although 424 he/shethey may be acting as the mayor, unless the mayor's absence appears to be indefinite or extended, in which 425 case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's position is either filled in 426 accordance with section 13 hereof or the mayor returns to his/hertheir duties, which resolution shall provide that 427 the vice-mayor shall have the right to approve or disapprove council action in accordance with section 10 hereof, 428 in which case the vice-mayor shall lose his/hertheir vote as councilmancouncilmember until further action is taken 429 by council. 430 (Amd. of 7-12-2005 (S.B. 126)) 431 Sec. 16. City clerk. 432 The city council shall appoint an officer of the city who shall have the title of city clerk.The city clerk shall be 433 appointed by a majority vote of the city council to hold office until their successor has been duly chosen and 434 qualified, but subject to removal at any time by the council. The city clerk shall give notice of council meetings to 435 its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by 436 this charter or ordinance or by the council or by state law. 77 Del. Laws, c. 130, § 14 437 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 14)) 438 Sec. 17. Controller/treasurer. 439 At the annual meeting the council shall elect a Controller/treasurerThe controller/treasurer shall be 440 appointed by a majority vote of the city council to hold office until the next annual meeting of the council, or until 441 his/hertheir successor has been duly chosen and qualified, but subject to removal at any time by the council. 442 The Controllercontroller/treasurer shall be the custodian of all the city funds and shall deposit them in a 443 banking institution designated by the council. 77 Del. Laws, c. 130, § 15 444 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15)) 445 Sec. 18. Ordinances authorized; maximum penalty for violation. 446 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject 447 coming within the powers and functions of the city, or relating to the government of the city, its peace and order, 448 its sanitation, appearance and beauty, the health, safety, convenience and comfort of its population, and the 449 protection and preservation of property, and to fix and impose and enforce the payment of, fines and penalties for 450 the violation of any such ordinance; as penalties will be provided by the Dover Code of Ordinances and no 451 provision in this Charter as to ordinances on any particular subject shall be deemed or held to be restrictive of the 452 power to adopt ordinances on any subject not specifically enumerated. 77 Del. Laws, c. 130, § 16 453 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 16)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 12 of 28 23

Item 3. 454 Sec. 19. Power of council to define and abate nuisances. 455 The council shall have power to define nuisances and cause their abatement. The operation of any 456 instrument, device, or machine of any kind whatsoever, that shall cause electrical interference with radio or 457 television reception within the limits of the city shall, at the option of the council, be deemed to be a nuisance. 458 (Obsolete? Hugg) 459 (Amd. of 7-12-2005 (S.B. 126)) 460 Sec. 20. Power of council to provide for fire protection measures. 461 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To 462 this end the council may adopt ordinances prohibiting the use of building materials that the council deem would 463 create a fire hazard, and may zone or district the city and make particular provisions for particular zones or districts 464 with regard to buildings and building materials. This power shall be deemed to embrace new buildings or additions 465 to or alterations of existing structures of every kind. The council shall have the power to condemn any building or 466 structure or portion thereof that it deems to be a health hazard or constitutes a fire menace or to require or cause 467 the same to be torn down, removed, or so altered as to eliminate the health hazard or menace of fire. 468 (Amd. of 7-12-2005 (S.B. 126)) 469 Sec. 21. Power of council to adopt zoning ordinances. 470 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating therein, 471 buildings and structures according to their construction and the nature and extent of their use. 472 (Amd. of 7-12-2005 (S.B. 126)) 473 Sec. 22. Power of council to regulate construction of buildings and require permits; building 474 inspector authorized. 475 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed to 476 embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade of 477 materials used in the construction thereof. 478 The council may provide for the issuance of building permits and forbid the construction of a new building or 479 the addition to or alteration and repair of an existing building except when a building permit has been obtained 480 therefore. The council may appoint a building inspector and prescribe his/hertheir powers and duties. 481 (Amd. of 7-12-2005 (S.B. 126)) 482 Sec. 23. Power of council to create city planning commission; members generally. 483 The council may create a city planning commission for the development, improvement, and beautification of 484 the city, and prescribe its powers and duties. No member of the planning commission may hold at the same time, 485 any elected city office. 486 Members of any planning commission created by the city shall consist of two (2) members from each council 487 district and one member serving at largeat-large. 488 All members of the planning commission must be residents of the City of Dover. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 13 of 28 24

Item 3. 489 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid 490 quarterlymonthly for preparation and attendance at each meeting of the planning commission attended in an 491 amount to be set by council. 492 (Amd. of 7-12-2005 (S.B. 126)) 493 Sec. 24. Power of council to franchise or license public utilities and common carriers. 494 The council shall have the right to grant or refuse franchises or licenses to public utilities and common 495 carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes, alleys, rights-of- 496 way, and air space or airways of the city. 497 (Amd. of 7-12-2005 (S.B. 126)) 498 Sec. 25. Power of council to operate light, power or water plant. 499 The council shall have power to operate a light, power and water plant for the city, and to do all things 500 necessary for its maintenance and operation. The council may at their option transmit electric current and/or 501 water from its said plant to places or properties outside of the city limits upon such terms, charges and conditions 502 as they shall determine. 503 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or 504 private purposes of electric current distributed and or water furnished by the city and the amount to be paid by 505 the users thereof, and fix fines and penalties for any willful or negligent injury or damage to its water and light 506 plant, and to any objectionable use in connection with its light and water system, and to any interference with or 507 obstruction of the said system. 508 (Amd. of 7-12-2005 (S.B. 126)) 509 Sec. 26. Power of council with reference to sewers. 510 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They 511 shall have power to install any or additional sewers in the city. The council may by condemnation proceedings take 512 for sewer purposes, private land, or the right to use private land under the surface thereof, for the laying of sewer 513 mains. The proceedings by condemnation under this section shall be the same as prescribed by Section 27 of this 514 Charter with regard to the laying out of new streets, and the resolutions referred to in said section shall be 515 modified to cover the case contemplated by this present section. 516 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer 517 system of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of such 518 ordinances. The council may require any property in the city to be connected with the water and sewer mains and 519 to compel the owner of such property to pay the cost of such connection and the tapping fee or charge therefore. 520 The connecting with the water or sewer mains and the tapping thereof shall be under the regulation and control of 521 the council. 522 The council may extend the sewer system of the city to places outside of the city limits upon such terms, 523 charges and conditions as it shall determine. 524 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both 525 within and without the limits of the city, and in addition to the connection or tapping charges. 526 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 14 of 28 25

Item 3. 527 Sec. 27. Power of council to lay out, locate, abandon, etc., streets, sidewalks, etc. 528 The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and 529 to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall 530 deem it for the best interest of the city. 531 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under 532 this section is owned by the city, the council may, in their discretion, sell such land either at private or public sale 533 and for such consideration as the council shall deem proper, and shall have the right and power to convey to the 534 purchaser or purchasers thereof a good and sufficient title thereto. 535 The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 536 (Amd. of 7-12-2005 (S.B. 126)) 537 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public 538 improvements; municipal lien docket. 539 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and 540 sidewalks of the city, or any part or portion thereof, with such material or materials as it shall determine. 541 The power hereby conferred shall be exercised in the following manner, to wit: 542 SIDEWALKS 543 A. The city council, at such time as it shall determine that the condition or conditions of a particular street or 544 streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then existing, if there be 545 sidewalks laid, should be improved, or upon the petition of a majority of persons owning property along any 546 of the streets, or a portion of any of the streets of the said city, asking that the sidewalks abutting on said 547 street or streets, be improved, or that sidewalks be laid where there are none at the time of the filing of the 548 petition, may direct the property owner or owners to lay or replace sidewalks with such material or 549 materials, as, in the judgment of the said Council of the City of Dover, may seem best under the 550 circumstances. 551 It shall be the duty of the city manager to give at least fifteen (15) days notice in writing to the owner or owners of 552 the property affected by the action of the said council. Said notices shall be served in the manner following: 553 A copy thereof shall be delivered personally to the owner or owners of said property, or a copy thereof shall 554 be left with the tenant in possession of the property, or a copy thereof shall be sent by registered mail to the 555 last known post office address of the owner or owners of the said property or properties so affected. Service 556 of such notice by either of said methods shall be sufficient to bind the owner or owners under the provisions 557 of this Charter. 558 It shall be the duty of the owner or owners, after notice shall have been given in either of the ways above 559 designated, to forthwith cause the said sidewalks to be laid or the improvement or alterations thereof to be 560 made, as directed in said notice. 561 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the sidewalks or portion 562 thereof, according to the direction of said notice, it It shall be the duty of the City Managercity manager to 563 cause the said sidewalks to be laid or altered or improved, as the case may be., according to the terms of 564 such notice. 565 STREETS 566 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named 567 hour and place, the council will meet to consider the question of paving or repaving, with specified material Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 15 of 28 26

Item 3. 568 or materials, the named street in front of the property of named owners, and, of assessing the cost thereof 569 against the owners. Said ordinance or resolution shall be published at least one week prior to the meeting 570 aforesaid in at least one issue of a newspaper published in the city. The council shall hold a meeting in 571 accordance with said ordinance or resolution and shall hear thereat the named owners of property and other 572 residents of the city appearing on the questions presented in said ordinance or resolution. 573 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, whether or not to 574 proceed with the paving or repaving specified in said ordinance or resolution; provided, however, that the 575 council shall not proceed with such improvement if, at or prior to the hearing aforesaid, the council shall be 576 presented with a written objection thereto signed by a majority of the owners of real property in front of 577 which such paving or repaving was contemplated. It shall be the duty of the city manager to cause said 578 streets to be laid or altered or improved, as the case may be. The provisions of this subsection, relating to 579 the paving or repaving of streets, shall be deemed to apply to and include curbs and gutters. 580 581 SPECIAL ASSESSMENTS 582 C. The city shall have the authority to levy and collect special assessments upon property in a limited and 583 determinable area for special benefits accruing to such property as a consequence of any municipal public 584 work or improvement, and to provide for the payment of all, or any part of, the cost of the work, service or 585 improvement out of the proceeds of such special assessments. 586 When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed to 587 mean the person or persons who owned the property in question at the time of the enactment of the 588 assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any of the 589 steps or proceedings described in this Charter with respect to special assessments. 590 The council shall also have the authority to enact ordinances which provide for the levy and collection 591 of assessments against property owners for the cost of installation of sanitary sewers, storm sewers, water 592 mains, streets, sidewalks, street lights, curbs, gutters and other public improvements. 593 Such ordinances shall prescribe: 594 (1) The basis to determine the amount which shall be assessed upon the properties abutting the 595 public work or improvement; 596 (2) What portion of corner properties shall be considered frontage and what portion side frontage 597 and whether there shall be any exemption on side frontage; 598 (3) Payment provisions providing for payment in installments, except that assessments for current 599 services or service connections shall be payable within one year; and 600 (4) Rules under which individual appeals shall be heard. 601 All special assessments and all water and sewer service charges shall be liens and shall be entered in the 602 municipal lien docket as liens. 603 The council may provide for the payment of special assessments for whatever purpose levied by 604 installments, but assessments for permanent improvements shall be paid in annual or more frequent 605 installments, and, assessments for current services shall be payable within one year. 606 MUNICIPAL LIEN DOCKET 607 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by the city 608 manager. The docket shall be substantially the same in form as the judgment docket for Kent County and 609 shall contain an index according to the name of the owner against whom such lien has been assessed. All 610 taxes and all charges for water service, sewer service, garbage service, electric service, grass cutting services Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 16 of 28 27

Item 3. 611 and debris removal, dangerous building ordinance costs and assessments, special assessments for municipal 612 improvements of any nature, and all other charges or assessments made by the city against property owners 613 may be recorded in the municipal lien docket and shall be and constitute a lien upon all of the real estate of 614 the taxable against or upon whom such taxes and/or charges are laid or imposed, of which such taxable was 615 seized at any time after such taxes and/or charges have been levied and imposed, situate in the City of 616 Dover. All liens so recorded shall continue in full force and effect until the same plus accrued costs have been 617 paid in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter 618 forthwith upon the docket the date of final payment and the words "satisfied in full." Failure to record liens 619 in the municipal lien docket shall not affect liens otherwise provided for in 25 Del.C. section 2901, et seq. 620 (Amd. of 7-12-2005 (S.B. 126)) 621 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe 622 grades thereon and regulate traffic. 623 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control of 624 the council, and the council may prescribe the grades thereof and adopt ordinances regulating the use thereof and 625 the traffic thereon. 626 (Amd. of 7-12-2005 (S.B. 126)) 627 Sec. 30. Power of council to provide for disposal of garbage and sewage. 628 The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse, 629 garbage and sewage. 630 (Amd. of 7-12-2005 (S.B. 126)) 631 Sec. 31. Power of council to regulate parking and provide parking lots. 632 The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles 633 within the city, and may lease or purchase land to be used for parking purposes. 634 (Amd. of 7-12-2005 (S.B. 126)) 635 Sec. 32. Council to determine salaries of city appointees and employees. 636 The salaries or emoluments of all city appointees and city employees shall be determined by the council 637 through the pay system and Collective Bargaining Agreements as amended. 638 (Amd. of 7-12-2005 (S.B. 126)) 639 ARTICLE III. CITY MANAGER 640 Sec. 33. The city manager generally. 641 The council shall appoint a city manager who shall be the chief administrative officer of the city. The City 642 Managercity manager need not, when appointed, be a resident of the city or the state. No member of the council 643 shall, during the time for which elected, be chosen as city manager. The manager shall be appointed for an Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 17 of 28 28

Item 3. 644 indefinite term but shall be removable at the pleasure of the council. Before the manager may be removed 645 he/shethey shall, if he/shethey so demand, be given a written statement of the reasons alleged for his/hertheir 646 removal and the right to be heard publicly thereon at a meeting of the council prior to the final vote on the 647 question of his/hertheir removal, but pending and during such hearing the council may suspend him/herthe 648 manager from office. The action of the council in suspending or removing the manager shall be final, it being the 649 intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the council. 650 In case of the absence or disability of the manager the council may designate some qualified person to perform the 651 duties of the office during such absence or disability. 652 (Amd. of 7-12-2005 (S.B. 126)) 653 Sec. 34. Responsibility of manager; powers of appointment and removal. 654 The city manager shall be responsible to the council for the proper administration of all affairs of the city 655 placed in his/hertheir charge, and to that end, except as otherwise provided herein, he/shethe city manager shall 656 have the power to appoint and remove all employees in the administrative service of the affairs of the city under 657 his/hertheir charge. All such appointments shall be without definite term. 658 (Amd. of 7-12-2005 (S.B. 126)) 659 Sec. 35. Appointments and removals. 660 Neither the city council nor any of its members shall in any manner control or demand the appointment or 661 removal of any city administrative officer or employee whom the city manager or any subordinate of the city 662 manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city 663 manager anything pertaining to appointment and removal of such officers and employees. The city administrative 664 officers and employees can be assured of due process in accordance with Title 19 of the Delaware Code. 77 Del. 665 Laws, c. 130, § 17 666 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 17)) 667 Sec. 36. Interference with administration. 668 Except for the purpose of inquiries, and investigations by council under Sec. 39, the council or its members 669 shall deal with city officers and employees who are subject to the direction and supervision of the city manager 670 solely through the city manager, and neither the council nor its members shall give orders to any such officer or 671 employee, either publicly or privately. 77 Del. Laws, c. 130, § 18 672 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 18)) 673 Sec. 37. Duties of the manager. 674 It shall be the duty of the city manager to supervise the administration of the affairs of the city under 675 his/hertheir charge; to make such recommendations to the council concerning the affairs of the city as may seem 676 to him/her desirable to the city manager; to keep the council advised of the financial conditions and future needs 677 of the city; to prepare and submit to the council the annual budget estimate; to prepare and submit to the council 678 such reports as may be required by that body; and to perform such other duties as may be prescribed by this 679 Charter or required of him/herthem by ordinance or resolution of the council. 680 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 18 of 28 29

Item 3. 681 Sec. 38. Right of manager to sit in council meetings. 682 The city manager and such other officers of the city as may be designated by vote of the council, shall be 683 entitled to seats in the council, but shall have no vote therein. 684 (Amd. of 7-12-2005 (S.B. 126)) 685 Sec. 39. Investigations. 686 The city council may make investigations into the affairs of the city and the conduct of any city department, 687 office, officer, employee, or agency and for this purpose may subpoena witnesses, administer oaths, take 688 testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise 689 of these powers by the council shall be a Class A misdemeanor punishable by existing State Law. 77 Del. Laws, c. 690 130, § 19 691 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 19)) 692 Sec. 40. Other functions of city manager. 693 The city manager shall have charge of the light and water plant operated by the city, and of the light and 694 water and sewer systems of the city. The City Managercity manager shall have charge of the supervision of the 695 streets, gutters, curbs and sidewalks of the city and of all work relating thereto. The City Managercity manager 696 shall have charge of the administration of all provisions of this Charter and ordinances and regulations of the 697 council relating to affairs of the city, when not otherwise provided for by this Charter or by any ordinance or 698 resolution of the council. The City Managercity manager shall ex officio be the collector of taxes for the city. It shall 699 be his/herthe city manager’s duty to collect all water rents and fees for the tapping of water mains and sewers, all 700 charges for electric current and all city revenue from any source whatsoever. The City Managercity manager shall 701 pay over to the Controllercontroller/treasurer at least monthly, and oftener if required by council, all moneys 702 received or collected by him/herthem and by any employee under him/herthe city manager. 703 The City Managercity manager shall keep a full and strict account of all moneys received and all transfers 704 made by him/herthem to the Controllercontroller/treasurer and such accounts shall be at all times open to 705 inspection by the council. The City Managercity manager shall make such reports and at such times as the council 706 shall direct. 77 Del. Laws, c. 130, § 20 707 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 708 Sec. 41. 709 This section has been intentionally left blank. 710 ARTICLE IV. FINANCIAL AFFAIRS 711 Sec. 42. Signing of warrants. 712 The Controllercontroller/treasurer shall pay out no money except upon warrant signed by the city manager 713 and countersigned by the mayor. 714 The mayor and the city manager shall sign no warrants on the Controllercontroller/treasurer except pursuant 715 to appropriations or resolutions theretofore made by the council. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 19 of 28 30

Item 3. 716 The Controllercontroller/treasurer shall keep a true and detailed account of all moneys received and of all 717 moneys paid out by him/herthem. The Controllercontroller/treasurer shall preserve all vouchers for moneys paid 718 by him/herthem. His/herThe controller/treasurer’s books and accounts shall at all times be open to inspection by 719 the council or the mayor or the city manager. 720 The Controllercontroller/treasurer shall make such reports and at such times as the council may direct. 721 The Controllercontroller/treasurer shall be required to give bond in such amount and in such form and with 722 such surety as the council shall determine or approve. 77 Del. Laws, c. 130, § 20 723 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 724 Sec. 43. Fiscal year. 725 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth day 726 of June. 727 (Amd. of 7-12-2005 (S.B. 126)) 728 Sec. 44. Annual budget. 729 On or before the second Monday of May of each year, the city manager shall prepare and submit to the 730 council, a budget, presenting a financial plan for conducting the affairs of the city for the ensuing fiscal year. The 731 total of proposed expenditures shall not exceed the total of anticipated income. 732 The budget shall include the following information: 733 1. A detailed statement showing the expenses of conducting each department and office of the city for 734 the current year and last preceding fiscal year. 735 2. A detailed estimate of the expenses of conducting each department and office of the city for the 736 ensuing fiscal year with reasons for the increases and decreases recommended. 737 3. The amount of the debt of the city together with a schedule of maturities of bond issues. 738 4. A statement showing the amount required for interest on the city debt and for paying off any bonds 739 maturing during the year and the amount required for the sinking fund. 740 5. An itemized statement of all anticipated income of the city with a comparative statement of the 741 amounts received by the city from each of the same or similar sources for the last preceding and 742 current fiscal years. 743 6. An estimate of the amount of money to be received from taxes. 744 7. Such other information as the city manager may think desirable or as may be required by the council. 745 The council shall on or before the second Monday in the month of June in each year adopt a budget for the 746 succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the making of 747 appropriations. 748 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by 749 manager thereon to council. 750 No claim against the city shall be paid except on an order on the Controllercontroller/treasurer, signed by the 751 city manager, and approved and countersigned by the mayor. The city manager shall examine all payrolls, bills and Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 20 of 28 31

Item 3. 752 other claims and demands against the city and shall issue no warrant for payment, unless he/shethe city manager 753 finds that the claim is proper and in proper form and correctly computed. 77 Del. Laws, c. 130, § 20 754 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 755 Sec. 46. Annual audit. 756 Annually in the month of July the council shall have the finances of the city and the books and accounts of 757 the city manager and the Controllercontroller/treasurer audited by a certified accountant. 758 As soon as practicable after such audit has been completed, the council shall cause to be made and 759 published a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 130, § 20 760 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 761 Sec. 47. General assessment; levy on utility property; lodging tax. 762 The Citycity shall cause to be made a true, just, and impartial valuation and assessment of all real property 763 within the city, locating each parcel of real property by street and number or other description. The assessor or 764 assessors shall be appointed by a majority vote of the Councilcouncil at its annual meeting by majority vote 765 thereofto hold office until their successor has been duly chosen and qualified, but subject to removal at any time 766 by the council. Before entering upon the duties of office, an assessor shall be sworn or affirmed by the 767 Mayormayor to perform the duties of the assessor's office with fidelity and without favor or partiality. 768 Whenever Councilcouncil shall direct, as set forth in Chapter 102 - taxation, article I - in general, Section 102- 769 1 - valuation and assessment, of the Dover Code of Ordinances, all real property in the City of Dover shall be 770 reassessed by an outside mass appraisal company or a consortium of appraisers chosen by Councilcouncil. The 771 mass appraisal company or consortium of appraisers shall be licensed to conduct business in the State of Delaware 772 and the City of Dover and shall employ appraisers who are licensed by the Delaware Division of Professional 773 Regulation. This assessment shall be in lieu of the valuation and assessment made by the assessor or assessors 774 appointed by Councilcouncil as described herein above and in lieu of the assessor's duties described herein above. 775 The assessor or assessors shall include supplemental assessments made annually for the purposes of (1) 776 adding property not included in the last assessment or (2) increasing or decreasing the assessment value of 777 property which was included in the last annual assessment. 778 The annual assessment date for all real property shall be January 1st of each year. The assessment of all 779 property shall be at its true value in money as of the assessment date. True value in money shall be the fair market 780 value. 781 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the 782 Councilcouncil shall direct, and shall be delivered to the Councilcouncil as soon as made. The Councilcouncil shall, 783 on the first day of April of each year, cause a copy of the general assessment to be posted in two (2) public places 784 in the city for ten (10) days. The assessor shall notify the public of an appeal deadline of thirty (30) days from the 785 date of general assessment posting. 786 The Councilcouncil may direct that appeals from any assessment be heard by a committee, known as the 787 Board of Assessment Appeals, of not less than three (3) members appointed by the Councilcouncil. The Board of 788 Assessment Appealsboard of assessment appeals shall sit at a stated place and time to hear the appeals of all 789 taxpayers dissatisfied with the assessment of their properties, shall collect such information as they consider 790 proper and necessary, and shall report their findings. 791 Notice of the place and time that the Board of Assessment Appealsboard of assessment appeals will sit to 792 hear appeals shall be posted with the general assessment in two (2) public places for a period of ten (10) days. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 21 of 28 32

Item 3. 793 Notice of the posting of the copies of the general assessment and of the place and time of the meetings of the 794 Board of Assessment Appealsboard of assessment appeals shall be published in at least one issue of a newspaper 795 published in the city. 796 The assessment as revised and adjusted by the Board of Assessment Appealsboard of assessment appeals or 797 Superior Courtsuperior court shall be the basis for the levy and collection of taxes for the city. 798 The Councilcouncil shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 799 communications systems, or trolley poles or other erection of like character within the limits of the city, together 800 with the wires thereon strung; and to this end the Councilcouncil may at any time direct the same to be included in 801 or added to the general assessment. 802 The Councilcouncil may impose and collect a lodging tax of no more than 3% of the rent, in addition to the 803 amount imposed by the State, for the occupancy of any room in a hotel, motel, or tourist home, as defined under § 804 6101 of Title 30 of the Delaware Code, which is located within the boundaries of the City of Dover. 805 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment 806 made prior to the approval of this section or any tax levied thereunder. 77 Del. Laws, c. 130, § 21; 78 Del. Laws, c. 807 217, § 1 808 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 21); Res. No. 2011-12 (S.B. 166), 11-28-2011; H.B. 255 809 , 7-17-2019) 810 Sec. 48. Maximum budget. 811 The council shall in the month of June of each year determine the amount of money to be raised for the city 812 for general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment for a 813 general tax, and shall also determine the amount of money required to be raised in such year by the city for 814 interest, sinking fund and redemption of the bonds of the city. A reasonable sum for delinquencies, discounts and 815 costs of collection may be added by the council to the amounts aforesaid. The amounts determined as aforesaid 816 together with any additional sum or sums authorized to be levied and collected, as in this section hereinafter 817 provided, shall be levied and collected by the council on the property and persons assessed as aforesaid and in 818 accordance with such assessment and according to a rate established by the council. 819 The amounts to be levied and collected by the council shall include all special ad valorem taxes, special taxes, 820 and ad valorem taxes levied in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22 of the Delaware 821 Code. 822 (Amd. of 7-12-2005 (S.B. 126); Amd. of 5-16-2017 ( H.B. 116 ), § 1) 823 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 824 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar 825 year that they are assessed, there shall be added and collected a one and one-half percent (1.5% (18% per 826 annum)) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid. 827 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day of 828 October in the calendar year that they were assessed and in the collection of said taxes he/shethey shall have all 829 the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County. 830 The council shall have the authority to allow errors and delinquents in the assessment. 831 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid and 832 imposed under the provisions of this Charter. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 22 of 28 33

Item 3. 833 The provisions of this Section 49 shall apply to all special ad valorem taxes, special taxes, and ad valorem 834 taxes levied by the council in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22 of the Delaware 835 Code. 836 (Amd. of 5-16-2017; ( H.B. 116 ), § 2) 837 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 838 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly 839 constructed property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to do so 840 provided that: At the beginning of each quarter of each year, there shall be an increase in the valuation and 841 assessment of all newly constructed real property within the city, locating each parcel of real property by street 842 and number or other description. Property shall be deemed to be newly constructed when the city permits 843 occupancy and use (Certificate of Occupancy) or when new construction is being used or occupied for its intended 844 purpose. The said valuation and assessment shall be made by an assessor or assessors who shall be 845 electedappointed by council in accordance with the provisions set forth in Section 47 of this Charter. 846 The aforementioned assessment shall be during the months of January, April, July, and October of each year. 847 Any new construction with an added value of $25,000 or less shall not be realized until the next annual assessment 848 roll. The property owner may appeal any assessment for new construction in accordance with Section 47 of this 849 Charter. 850 The aforementioned assessment shall be deemed a general assessment for all property with new 851 construction. 852 The council may direct appeals from any general assessment for new construction in accordance with 853 Section 47 of this Charter. 854 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment 855 made prior to the approval of this section or any tax levied thereunder. 856 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and 857 those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent per month. For every 858 tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or vested in the 859 Receiver of Taxes and County Treasurer for Kent County. 860 The council shall have the authority to allow errors and delinquents in the assessment. 861 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be 862 amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this Charter. 77 863 Del. Laws, c. 130, §22 864 (Amd. of 7-12-2005 (S.B. 126)) 865 Sec. 49B. Realty transfer tax. 866 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose 867 and collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real 868 property within the city not to exceed one and a half percent (1.5%) or as amended by State law of the value of the 869 real property as represented by the document transferring the property. The provisions of Section 5401 and 870 Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax 871 imposed by the City of Dover pursuant to the authority granted herein. The council of the City of Dover may adopt 872 an ordinance or ordinances to provide for the effective administration and regulation of any tax adopted pursuant 873 to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by way of a 874 stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record documents Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 23 of 28 34

Item 3. 875 subject to said tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax. 77 876 Del. Laws, c. 130, § 4 877 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 878 (Moved from Sec. 3. Employee pension benefit) 879 Sec. 50. Debt limit. 880 (a) Whenever the needs of the city shall require more money than is at the time in the city treasury from current 881 receipts, the council shall be authorized and empowered to anticipate current revenue by borrowing such 882 sums as shall be needed not in excess of one (1) percent of the total taxable assessment for a general tax. 883 The amount so borrowed shall be paid back out of current revenue received thereafter. 884 To exercise the power aforesaid the council shall adopt a resolution to that effect, which resolution shall require 885 the affirmative vote of at least three-fourths of all the members of the council, and the approval of the mayor. The 886 indebtedness created under this section shall be evidenced by the bond, or note, of the city, and the faith and 887 credit of the city shall be deemed to be pledged thereby. 888 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on the faith and 889 credit of Thethe City of Dover sums of money for such purposes as may be deemed necessary and proper by 890 the mayor and council of the said city which purpose shall be consistent with the powers conferred upon the 891 mayor and council of Thethe City of Dover by the Charter thereof, as amended, for the management and 892 maintenance of the said city and for these purposes the mayor and council shall have full power and 893 authority to issue bonds of the said "Thethe City of Dover." 894 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which the full 895 faith and credit of the City of Dover has been pledged shall not at any time exceed a sum equal to 5 percent of the 896 total assessed value of real property situate within the bounds of the City of Dover as such boundaries shall from 897 time to time appear. 898 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at such time 899 or times, shall bear interest at such rate or rates, shall be payable at such time or times, and at such place or 900 places, shall be in such denominations, and shall contain such other provisions as the mayor and council may 901 provide and shall be set forth in the said bonds. Said bonds may or may not be coupon bonds and may be 902 registered or otherwise as the mayor and council deem advisable. 903 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or times, at 904 such price or prices, and upon such terms as the said mayor and council deem advisable, and all the monies arising 905 from the sale of said bonds shall be used for the municipal purposes of Thethe City of Dover specified in the 906 resolution authorizing their issue. 907 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed by the 908 mayor and council, and all such bonds shall be signed by the mayor and the treasurer of Thethe City of Dover and 909 sealed with the corporate seal thereof. Facsimile signatures of the mayor and treasurer and a facsimile of the 910 corporate seal may be imprinted upon such bonds and any coupons attached to said bonds in lieu of the signatures 911 of the said mayor and treasurer in their own handwriting and of the affixing of the corporate seal itself. 912 Said bonds of Thethe City of Dover shall be exempt from all state, county and municipal taxes. 913 The mayor and council of Thethe City of Dover are hereby authorized and required to levy and raise by 914 taxation in each and every year such sums of money as may be required to pay the interest accrued on said bonds 915 while all or any of said bonds remain unpaid, and the said mayor and the city council are further authorized and 916 required to levy and raise by taxation, from time to time such sum or sums of money as shall be needed to 917 establish such sinking funds as the said mayor and the city council may at their discretion authorize for the 918 redemption of said bonds, or any of them, at or before their maturity and such sum or sums of money as shall be Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 24 of 28 35

Item 3. 919 required to otherwise redeem any or all of said bonds at or before their maturity. Taxes for interest and for 920 redemption of said bonds shall be levied and raised as taxes for general municipal purposes in the said city are 921 levied and raised and shall be in addition to those levied and raised for any and all other municipal purposes. A 922 statement appearing in the bonds issued under the provisions of this section to the effect that the bonds have 923 been duly authorized shall be deemed and held to be conclusive evidence in favor of the lawful holder of any such 924 bonds that the terms and conditions of this section have been fully met and complied with. 925 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, by a resolution 926 of the council which shall have the affirmative vote of three-fourths of the members thereof and the 927 approval of the mayor, for the following purposes: 928 (i) To finance capital projects, including, but not limited to, public storm sewers, water mains, sewer 929 mains, streets and public buildings provided that no more than 1/4 of one percent (.25%) of taxable 930 assessed value of real property of aggregate principal amount of general obligation bonds may be 931 issued at any one time pursuant to this clause and any new bonds issued pursuant to this clause may 932 not cause the total aggregate principal amount of general obligation bonds outstanding at any one 933 time to exceed one percent of the total taxable assessment for a general tax at the time such new 934 bonds are issued; and 935 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated maturity, provided that 936 (A) the present value of the aggregate principal and interest payments of the refunding bonds are not 937 greater than the present value of the aggregate principal and interest payments on the bonds to be 938 refunded determined by discounting at the effective interest rate on the refunding bonds, calculated 939 based on the internal rate of return: and (B) at the time of issuance of the refunding bonds there are 940 deposited in escrow, pledged to secure the refunded bonds, sufficient monies and/or direct obligations 941 of, or obligations the principal of and interest on which are guaranteed by, the United States 942 government, which, without regard to any reinvestment earnings, will be sufficient to pay when due all 943 interest, principal and redemption price on the refunded bonds at maturity or upon earlier call for 944 redemption. 945 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the provisions of 946 subsection (b) shall first be approved by a referendum vote of the qualified voters (as herein defined) of 947 Thethe City of Dover. Notice of the holding of such referendum election shall be authorized by resolution of 948 the mayor and council, published once a week, for at least three (3) consecutive weeks in at least one 949 newspaper circulated in Thethe City of Dover, Delaware. Such notice shall be set out in summary form the 950 amount and purposes of such bond issue, the date and place of holding the referendum election and the 951 hours the polls will be open. 952 At said referendum election "qualified voter" shall mean every natural person who is a resident or a 953 nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter shall be eligible 954 to vote and shall have one vote. 955 The City Assessorcity assessor or his/hertheir designee shall attend the election with the last city assessment 956 and tax payment records for the inspection of the election officers. The referendum election shall be held at such 957 date as the mayor and council shall designate. The referendum election shall be held at such suitable place in said 958 city as the mayor and council shall designate in said published notice. The polls shall be open from 7:00 a.m. (local 959 time), and shall close at 8:00 p.m. (local time). The judge of the election shall, in the case of a tie vote on the bond 960 issue cast the deciding vote, otherwise judge of the election shall refrain from voting, but the election clerks may 961 vote. 962 The total votes cast for and the total votes cast against the bond issue shall be certified as correct by at least 963 two (2) of the election officers and delivered to the mayor, or to the clerk of councilcity clerk immediately after the 964 total vote count has been certified. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 25 of 28 36

Item 3. 965 The mayor and council shall at the next regular meeting after the election, or at a special meeting, receive 966 the results of the referendum election and make the same a part of the minutes of said meeting, whereupon if a 967 majority of the votes cast were for the bond issue bonds herein provided for may be issued and sold as provided in 968 subsection (b), but if at such referendum election the majority of the votes cast were against the bond issue, then 969 no bonds shall be issued nor shall any money be borrowed pursuant to the resolution submitted to the 970 referendum. 971 (e) In addition to the power otherwise granted in this section, the mayor and council may issue special 972 assessment revenue bonds to finance those public projects for which the city may levy and collect special 973 assessments pursuant to Section 28 of this Charter. Such bonds shall not obligate the faith and credit of the 974 city, but shall be payable solely from the proceeds of the special assessments which are pledged to the 975 payment thereof. Such bonds shall be authorized without a referendum vote by a resolution of the council 976 which shall have the affirmative vote of three-fourths of the members thereof and the approval of the 977 mayor. 978 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the sale and 979 issuance of said bonds, the mayor and council may borrow money and issue notes of the city for the purpose 980 and to the extent of the amount of bonds authorized to be sold, less the amount of any bonds theretofore 981 issued under such authority. The said borrowing shall be authorized by a resolution of the council which shall 982 have the affirmative vote of three-fourths of the members thereof and the approval of the mayor, and the 983 note or notes thereby authorized shall be signed by the mayor and treasurer of the city. When issued and 984 signed in accordance with this subsection (f), the faith and credit of the city shall be deemed to be pledged 985 for the repayment of all said notes, except those issued pursuant to subsection (e) hereof. 986 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the proceeds 987 of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such notes. Said notes may 988 be redeemed at par and accrued interest at any time prior to their maturity if the right so to do shall have been 989 reserved. 990 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have been refunded 991 pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) bonded indebtedness, 992 principal amount of bonds and bonds outstanding shall be determined without regard to original issue 993 discount. 77 Del. Laws, c. 130, § 23; 78 Del. Laws, c. 225, § 1 994 (h) Any and all provisions of this Section 50 and any other section of this Charter limiting the amounts of 995 indebtedness to be incurred or taxes to be levied or collected by the council shall not apply to any 996 indebtedness incurred or any special ad valorem taxes, special taxes, or ad valorem taxes levied or collected 997 pursuant to or in connection with Chapter 17 or Chapter 18 of Title 22 of the Delaware Code. 998 (Amend. of 7-12-2005 (S.B. 126); Amend. of 7-12-2007 (S.B. 146), §§ 1, 2, Amd. of 7-8-2009 (S.B. 165, § 23); Res. 999 No. 2012-02 (S.B. 173), 1-23-2012; Amd. of 5-16-2017 ( H.B. 116 ), § 3) 1000 Editor's note(s)—It should be noted that Charter Resolution No. 2012-02 (Senate Bill No. 173) was approved by the 1001 Delaware General Assembly and was signed by said Assembly on April 19, 2012. 1002 ARTICLE V. MISCELLANEOUS PROVISIONS 1003 Sec. 51. Trees. 1004 Trees being among the chief beauties of the city, and their preservation requiring that they be treated with 1005 special care and intelligence, the city manager is empowered to appropriate annually an amount of money 1006 adequate for their care and preservation. The City Managercity manager may be given authority to take necessary Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 26 of 28 37

Item 3. 1007 or appropriate action to prevent injuries to trees from electric wires or from any other source or cause 1008 whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to employ tree 1009 experts provided that they do not exceed the appropriation made by the council. 1010 (Amd. of 7-12-2005 (S.B. 126)) 1011 Sec. 52. 1012 This section intentionally left blank. 1013 Sec. 53. Police; mayor to be conservator of peace. 1014 There shall be a city police force, the number thereof and their salaries shall be determined by the council, 1015 but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a 1016 conservator of the peace within the city limits. The Mayormayor shall appoint a Chief of Policechief of police 1017 subject to removal at any time by the Mayormayor in accordance with applicable laws. The members of the police 1018 force shall be subject to his/her direction and orders delivered through the proper chain of command and in 1019 accordance with applicable laws and ordinances. They shall preserve peace and order, and compel obedience 1020 within the city limits to the ordinances of the city and the laws of the state. They shall have such other duties as 1021 the council and the mayor shall prescribe by ordinance. 1022 Each member of the police force shall be vested with all the power and authority within the city limits and 1023 within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a constable 1024 of Kent County. 1025 (Amd. of 7-12-2005 (S.B. 126)) 1026 Sec. 54. City solicitor. 1027 At the annual meeting the council shall elect aThe city solicitor shall be appointed by a majority vote of the 1028 city council to hold office for the term of one year or until his/hertheir successor has been duly chosen and 1029 qualified. 1030 The city solicitor may be removed during his/hertheir term by a vote of three-fourths of the members 1031 elected to the council. 1032 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least five 1033 (5) years. The Citycity solicitor shall be the chief legal adviser of and attorney for the city. It shall be his/herthe city 1034 solicitor’s duty, either personally or by such assistants as they may designate, to attend meetings of the council; to 1035 give advice in writing, when so requested, to the council or the city manager; to prosecute or defend, as the case 1036 may be, all suits or cases to which the city may be a party; to prosecute for all offenses against the ordinances of 1037 the city and for such offenses against the laws of the state as may be required of him/herthem by law; to prepare 1038 all contracts, bonds and other instruments in writing in which the city is concerned, and to endorse on each 1039 his/hertheir approval of the form and correctness thereof; and to perform such other duties of a legal nature as 1040 the council may by ordinance require. In addition to the duties imposed upon the solicitor by this Charter or 1041 required of him/herthe solicitor by ordinance or resolution of the council he/shethey shall perform any duties 1042 imposed upon the chief legal officers of municipalities by law. 1043 At the annual meeting the council shall elect aThe deputy city solicitor shall be appointed by a majority vote 1044 of the city council to hold office for the term of one year or until his/hertheir successor has been duly chosen and 1045 qualified. The deputy city solicitor may be removed during their term by a vote of three-fourths of the members Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 27 of 28 38

Item 3. 1046 elected to the council. The deputy city solicitor shall be an attorney-at-law entitled to practice law in the State of 1047 Delaware, and shall serve in such manner as shall be determined by the city solicitor to be necessary and proper. 1048 (Amd. of 7-12-2005 (S.B. 126)) 1049 Sec. 55. Printed copies of ordinances and resolutions to be proper evidence. 1050 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the 1051 council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite or 1052 draw them out at largeat-large. 1053 (Amd. of 7-12-2005 (S.B. 126)) 1054 Sec. 56. Repeal of prior acts. 1055 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby 1056 repealed. 1057 (Amd. of 7-12-2005 (S.B. 126)) 1058 Sec. 57. Severability. 1059 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such 1060 holding shall not be deemed to invalidate the remaining portions of this Charter or amendments thereto. 1061 (Amd. of 7-12-2005 (S.B. 126)) 1062 Approved March 23,1931. 1063 State law reference(s)—36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. Laws, c. 152; 38 Del. 1064 Laws, c. 99; 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 275; 46 Del. Laws, c. 283; 47 Del. Laws, c. 1065 219; 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 Del. Laws, c. 330; 48 Del. Laws, c. 323; 48 Del. Laws, c. 334; 1066 48 Del. Laws, c. 336; 49 Del. Laws, c. 314; 49 Del. Laws, c. 318; 51 Del. Laws, c. 92; 51 Del. Laws, c. 93; 52 Del. 1067 Laws, c. 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del. Laws, c. 165; 56 Del. Laws, c. 49; 59 Del. Laws, 1068 c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del. Laws, c. 311; 60 Del. Laws, c. 456; 61 Del. Laws, c. 1069 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del. Laws, c. 143; 65 Del. Laws, c. 28; 65 Del. Laws, c. 479; 66 1070 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Del. Laws, c. 361; 66 Del. Laws, c. 365; 67 Del. Laws, c. 7; 68 Del. 1071 Laws, c. 16; 68 Del. Laws, c. 18; 68 Del. Laws, c. 20; 68 Del. Laws, c. 339; 69 Del. Laws, c. 09; 69 Del. Laws, c. 1072 31; 71 Del. Laws, c. 64; 72 Del. Laws, c. 277; 73 Del. Laws, c. 114; 73 Del. Laws, c. 284; 75 Del. Laws, c. 175; 76 1073 Del. Laws, c. 119; 77 Del. Laws, c. 130; 78 Del. Laws, c. 213; 78 Del. Laws, c. 217; 78 Del. Laws, c. 225, § 1; 79 1074 Del. Laws, c. 105, § 1; 79 Del. Laws, c. 106, § 1 1075 Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 28 of 28 39