CCW PACKET - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, March 15, 2022 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA HAS BEEN REVISED TO REMOVE THE REPORT ON THE LOCAL SERVICE FUNCTION BUDGET (LSFB) Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 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 Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/xbxpfx Event number: 2338 985 5070 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 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids – Vac Truck – Bid Number 22-0021PW (Mark Nowak, Public Works Director) (Staff recommendation: Award the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040.) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - March 15, 2022 PAGE 2 2. Sale and Disposition of Excess Real Property - 710 and 715 Slaughter Street (Dave Hugg, City Manager) (Staff recommendation: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price.) 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) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE MEETING 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

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: March 4, 2022 PREPARED BY: Mark Nowak, Public Works Director REVIEWED BY: Dave Hugg, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Evaluation of Bids – Vac Truck – Bid Number 22-0021PW TIMETABLE: Notice to award to be issued within seven (7) days of Council approval. Delivery anticipated within one hundred and eighty (180) calendar days. RELATED PROJECT: N/A REFERENCE: CIP- Vehicles EXPENDITURE REQUIRED: $399,040.00* AMOUNT BUDGETED: $360,400.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Stormwater Division – Vehicle Replacement CIP page 193, Replace 2006 Sterling Vac Truck #350, Account No.: 101-12-18-60-000-54025. * Shortfall to be supplemented by the Department of Public Works, Street Sweeper #357, Account No.: 101- 12-18-60-000-54025 and the Department of Public Works, CIP Project #SW2103, Silver Lake Dam Repairs, Account No.: 101-12-18-60- 000-54030. STAFF RECOMMENDATION: Award the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040.00. 3

Item 1. BACKGROUND AND ANALYSIS: The Fiscal Year 2022 Capital Improvement Plan includes funding for replacement of a 2006 Sterling Vac Truck #350. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #22-0021PW. Bids were opened on January 5, 2022. The City of Dover received one (1) bid shown in the table below: EVALUATED CONTRACTOR LOCATION BID PRICE PRICE THC ENTERPRISES, INC. T/A MID- EASTON, MD $399,040.00 $399,040.00 ATLANTIC WASTE SYSTEMS) City staff reviewed the submissions and found that the THC Enterprises t/a Mid-Atlantic Waste Systems bid met all requirements of the vehicle. Staff recommends awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems in the amount of $399,040.00 for the Vac Truck replacement. A breakdown of the funding sources is provided below: FUNDING DESCRIPTION ORIGINAL REVISED ENCUMBERED SAVINGS / REQUESTED PROPOSED SOURCE BUDGET BUDGET / SPENT REMAINING CHANGE BUDGET REMAINING Stormwater Vac Truck $360,400.00 $360,400.00 $0 $360,400.00 $38,700.00 $399,100.00 Stormwater Street Sweeper $289,800.00 $289,800.00 $268,452.00 $21,348.00 ($21,300.00) $48.00 #357 Stormwater SW2103 $100,000.00 $100,000.00 $57,480.00 $42,520.00 ($17,400.00) $25,120.00 Silver Lake Dam Repairs 4

Item 2. ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration) DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: February 16, 2022 PREPARED BY: David S. Hugg III SUBJECT: Sale and Disposition of Excess Real Property: 710 and 715 Slaughter Street REFERENCE: Council 10/11/21; CCOW 9/22/2021; Council 7/23/18; CCOW 5/15/18; CCOW 7/30/15 RELATED PROJECT: REVIEWED BY: Lori Peddicord, Controller / Treasurer EXHIBITS: CAF Reports and Council minutes referenced above and additional materials EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Offer for sale per City of Dover Code Section 2-422 Sale and Disposition of Excess Real Property, (d)(3)(b) BACKGROUND AND ANALYSIS These two properties, separately and jointly, are part of requests submitted for CCOW and Council action in 2021, 2018 and 2015. Several of the requests were approved, but for various reasons these two did not proceed to sale. Attached are records of those discussions documenting Council’s determination that these properties are surplus, are not subject to economic development plans, are not required by any city department, would not be enhanced by a zoning change, and otherwise meet the requirements of Section 2-422, Sale and disposition of real property (copy also attached). CCOW and Council records indicate interest from private parties in one or both properties. It is unclear why both were considered in 2015 and 2018 council actions, but only 710 Slaughter Street was included in 2021 discussions. Section 2-422 (d)(3)b. permits sale by auction or sealed bid subject to determination of a minimum bid, and subject also to Section 2-422 (c) relating to recovery of costs associated with the sale. As of February 2022, the City’s outstanding balances including taxes, demolition, bulk trash, grass charges and utilities as relevant are: 710 Slaughter Street = $14,297.11 715 Slaughter Street = $9,372.59 Staff recommends offering these properties for sale by sealed bid with the minimum bid to be the amount owed to the city, and to include an allowance to cover the fees and costs, including legal or otherwise associated with the sale (as opposed to billing them to the purchaser). I request that the City Manager be authorized and directed to conduct the sale by sealed bid as required by Section 2-422, with the minimum bid amounts to be: 710 Slaughter Street = $15,300 715 Slaughter Street = $10,400 5

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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 36

Item 3. PART I - CHARTER AND RELATED LAWS Subpart A CHARTER 1 Recommendations made by Committee and subsequent staff recommendations 2 are indicated in yellow highlight 3 Subpart A CHARTER1 4 PREAMBLE 2 5 We the people of the City of Dover, under the constitution and laws of the state of 6 Delaware, in order to secure the benefits of local self governmentself-government and to 7 provide for an honest and accountable council manager government do hereby adopt this 1Senate Bill 126, adopted July 12, 2005, amended this Charter in its entirety and enacted similar provisions as set 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). 2Editor's note(s)—Senate Bill 165, § 1, adopted July 8, 2009, added this preamble to the Charter. Dover, Delaware, Code of Ordinances Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 1 of 37 37

Item 3. PART I - CHARTER AND RELATED LAWS Subpart A CHARTER 8 charter and confer upon the city the following powers, subject to the following restrictions, and 9 prescribed by the following procedures and governmental structure. By this action, we secure 10 the benefits of home rule and affirm the values of representative democracy, professional 11 management, strong political leadership, citizen participation, and regional cooperation. 77 Del. 12 Laws, c. 130, § 1 13 14 ARTICLE I. POWERS OF THE CITY3 15 Sec. 1.01. Powers of the City. 16 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware 17 Code and elsewhere, the City of Dover shall assume and have all powers which under the 18 Constitution of the State it would be competent for the General Assembly to grant by specific 19 enumeration, and which are not denied by statute. 77 Del. Laws, c. 130, § 2 20 (Amd. of 7-8-2009 (S.B. 165, § 2)) 21 Sec. 1.02. Construction. 22 The powers of the city under this charter shall be construed liberally in favor of the city, 23 and the specific mention of particular powers in the charter shall not be construed as limiting in 24 any way the general power granted in this article. 77 Del. Laws, c. 130, § 2 25 (Amd. of 7-8-2009 (S.B. 165, § 2)) 26 Sec. 1.03. Intergovernmental Relations. 27 The city may participate by contract or otherwise with any governmental entity of this 28 state or of the United States in the performance of any activity which one or more of such 29 entities has the authority to undertake. 77 Del. Laws, c. 130, § 2 30 (Amd. of 7-8-2009 (S.B. 165, § 2)) 3Editor's note(s)—S.B. No. 165, § 2, adopted July 8, 2009, amended art. I in its entirety and enacted the provisions 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 2 of 37 38

Item 3. 31 Sec. 1.04. Municipal corporation continued; boundaries. 32 The municipal corporation of the State of Delaware, known as "the City of Dover" shall 33 continue to be a body politic and corporate. The boundaries of the City of Dover are hereby 34 established and declared as recorded on the official map of record in the Recorder of Deeds 35 Office in and for Kent County and State of Delaware as presently existing and as hereinafter 36 amended. 77 Del. Laws, c. 130, § 2 37 (Amd. of 7-8-2009 (S.B. 165, § 2)) 38 Sec. 1.05. Procedure to extend boundaries. 39 The Citycity may, from time to time, extend its boundaries in accordance with Title 22, 40 Chapter 1, Section 101 (22 Del. C. §101) through the following annexation processes: 41 (1) In the case where annexation is petitioned by all owners of all property considered for 42 annexation, no election shall be required. 43 For an annexation petition not requiring an election, such petition shall be processed 44 in accordance with procedures established for amendments to the zoning map, 45 specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be 46 processed concurrently with the rezoning of the property considered for annexation 47 and shall be subject to public hearing before City Council. Public notice shall be 48 completed in accordance with the provisions of the Dover Code relating to 49 amendment of the zoning map. 50 (2) In the case where annexation is not petitioned by all owners of all property 51 considered for annexation, such annexation shall be subject to an election, as follows: 52 (a) In order to extend the boundaries of Thethe City of Dover the council shall adopt 53 a resolution proposing the inclusion of all property considered for annexation 54 within the limits of Thethe City of Dover and calling for a special election to be 55 held not less than thirty (30) nor more than sixty (60) days after the adoption of 56 the resolution, in accordance with Title 22, Chapter 1, Section 101, Delaware 57 Code. The resolution shall contain a description of all property considered for 58 annexation, the date of the election, and the place or places of said election. The 59 resolution shall be published in at least two (2) issues of a newspaper of general 60 circulation within the City of Dover at least two (2) weeks prior to the day of said 61 election. 62 (b) The annexation election shall be held by the city's election officers. Each owner 63 of the property considered for annexation shall be entitled to one (1) vote. 64 Owners of real estate in common shall be entitled to one (1) vote each. Life 65 tenants shall be entitled to one (1) vote each but the holders of the remainder 66 interest or similar interest subject to the life estate shall not be entitled to vote. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 3 of 37 39

Item 3. 67 Corporations, firms or associations shall be entitled to one (1) vote, the same as 68 private persons. 69 More than one (1) annexation election may be held on the same day; however, 70 the elections shall be separate. 71 The Councilcouncil of the City of Dover shall provide the ballots and shall bear 72 the cost of holding such annexation elections. The ballots shall briefly indicate 73 the property proposed for annexation and shall provide two (2) boxes on the 74 ballot beside which shall appear the words "FOR inclusion within Thethe City of 75 Dover," and "AGAINST inclusion within Thethe City of Dover." Each voter shall 76 indicate their preference by making a mark within the box beside the words 77 expressing their preference. 78 For the annexation election, the polls shall open at 11:00 a.m. to and remain 79 open until each eligible voter has cast their vote or until 8:00 p.m., whichever 80 occurs first. When the polls are closed the election officers shall publicly count 81 the votes and forthwith certify to the clerk of the council the number of votes 82 cast for and against inclusion within the city limits. At the next regular or special 83 meeting of the council the mayor and council shall receive the results of the 84 election and make the same a part of the minutes of said meeting. 85 If a majority of the votes cast in an annexation election are in favor of the 86 inclusion of that property, the council may thereupon adopt a resolution 87 annexing said property and including same within the limits of Thethe City of 88 Dover. Upon the adoption of a resolution of annexation a copy thereof certified 89 by the clerk of councilcity clerk and a plot of the area annexed shall be forthwith 90 filed for record with the Recorder of Deeds of Kent County, and the area so 91 annexed shall for all purposes thenceforth be part of Thethe City of Dover. 92 If a majority of the votes cast in an annexation election shall be against the 93 inclusion of that property within the limits of Thethe City of Dover, the proposed 94 annexation of said property shall be declared to have failed. Nothing in this 95 Charter shall prohibit the council from resubmitting a proposal for annexation to 96 the eligible voters for said property, or any portion thereof, under the authority 97 of this section and in accordance with the provisions thereof. 77 Del. Laws, c. 98 130, § 2; 79 Del. Laws, c. 106, § 1 99 (Amd. of 7-8-2009 (S.B. 165, § 2); Res. No. 2013-10 (S.B. 71), 3-11-2013 ) 100 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 101 The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this 102 Charter, or within the boundaries hereafter established, shall continue to be a body politic and 103 corporate, by the name of "Thethe City of Dover," and under that name shall have perpetual 104 succession; may have and use a corporate seal; may sue and be sued; may hold and acquire by Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 4 of 37 40

Item 3. 105 purchase, gift, devise, lease or condemnation, real property and personal property within or 106 without its boundaries for any municipal purpose, in fee simple or lesser estate or interest, and 107 may sell, lease, hold, manage, and control such property as its interest may require; and shall 108 have all other powers and functions requisite or appropriate for the government of the city, its 109 peace and order, its sanitation, appearance and beauty, the health, safety, convenience, 110 comfort and well-being of its population, and the protection and preservation of property, 111 public and private. 112 Whenever it shall be necessary for any municipal purpose to condemn any real property or 113 personal property under this Charter, except as is herein otherwise specifically provided, the 114 Councilcouncil must follow applicable State Law. 77 Del. Laws, c. 130, § 3 115 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 3)) 116 Sec. 3. Employee pension, benefit and retirement systems authorized. 117 The City of Dover is hereby authorized, empowered and permitted to establish a system of 118 pensions or benefits through group insurance or otherwise as may be found proper and 119 necessary, providing for life, accident, health, hospitalization and death benefits, or any or 120 either of them, for the regular employees of the said "The City of Dover." The said "The City of 121 Dover" is hereby authorized, empowered and permitted to enter into an agreement or 122 agreements with one or more insurance companies to provide a group insurance plan or plans, 123 as may be required or proper to carry out such system of pensions or benefits. The election to 124 exercise such authority on the part of the city shall be evidenced by an ordinance or resolution 125 duly adopted by the Councilcouncil of The City of Dover as other ordinances or resolutions are 126 adopted, and the same shall be recorded in the official minutes of the said council. Such 127 ordinance or resolution shall provide for and establish a fund for the payment of the costs of 128 such pension system or benefits by making appropriations out of the treasury of the said "The 129 City of Dover," or by requiring contributions payable from time to time by the employees 130 included in such plan or plans, or by a combination of both, or by any other method not 131 prohibited by law. The participation in any plan adopted shall be deemed to be mandatory by 132 the City of Dover and made a condition of employment and continuing employment. 133 The city council shall have power to enact ordinances for a pension or retirement system 134 for the police of the City of Dover, and to set aside a special fund for that purpose which fund 135 shall be administered in accordance with ordinances made and provided in that behalf and the 136 laws of the State of Delaware. 137 Notwithstanding any statute to the contrary, the City of Dover shall have the power by 138 ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined 139 by council, upon the transfer of real property within the city not to exceed one and a half 140 percent (1.5%) or as amended by State law of the value of the real property as represented by 141 the document transferring the property. The provisions of Section 5401 and Section 5403 of 142 Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 5 of 37 41

Item 3. 143 imposed by the City of Dover pursuant to the authority granted herein. The Council of the City 144 of Dover may adopt an ordinance or ordinances to provide for the effective administration and 145 regulation of any tax adopted pursuant to the authority conferred herein. If the taxing power 146 and authority granted herein shall be exercised by way of a stamp affixed to a document, the 147 recorder of deeds in and for Kent County shall not receive for record documents subject to said 148 tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax. 149 77 Del. Laws, c. 130, § 4 150 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 151 (Moved to 49B. Realty transfer tax) 152 153 154 ARTICLE II. MAYOR AND COUNCIL 155 Sec. 4. General powers and duties. 156 All powers of the city shall be vested in the city council, except as otherwise provided by 157 law or this Charter, and the council shall provide for the exercise thereof and for the 158 performance of all duties and obligations imposed on the city by law. 77 Del. Laws, c. 130, § 5 159 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 5)) 160 Sec. 5. Council to be legislative body; size; districts; terms of mayor and 161 councilmencouncilmembers; qualifications. 162 The council shall be the legislative body of the city and composed of nine (9) members 163 nominated and elected as herein provided. 164 The city shall be divided into four (4) election districts, the boundaries of which shall be 165 established by council so that they are nearly equal in population based on the latest federal 166 decennial census information. The district boundaries established for municipal elections shall 167 be used for the next regular municipal election and shall continue in effect until the next 168 succeeding federal decennial census is made available for use by municipalities in the State of 169 Delaware. 170 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. 171 The term of mayor elected at the April 2012 regular municipal election shall be for a period of 172 three years, commencing on the second Monday in May following his/her election and 173 continuing for a term of three years until the second Monday in May 2015, or until his/her 174 successor has been duly elected and qualified. 175 Thereafter, commencing with the regular municipal election to be held in April of 2015, 176 the The term of mayor shall be for a period of four years commencing on the second Monday in Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 6 of 37 42

Item 3. 177 May following his/hertheir election and continuing for a term of four years until the second 178 Monday in May, or until his/hertheir successor has been duly elected and qualified. 179 At the regular municipal election held in April of 2012, four councilmen shall be elected by 180 district voting from each of the districts of the city. The term of the councilmen elected at the 181 April 2012 regular municipal election shall be for three years, commencing on the second 182 Monday in May following their election and continuing for a term of three years until the 183 second Monday in May 2015, or until their successors have been duly elected and qualified. 184 At the regular municipal election held in April of 2013, five councilmen shall be elected, 185 four by district voting being from the districts and one at-large. The term of the councilmen 186 elected at the April 2013 regular municipal election shall be for a period of four years, 187 commencing on the second Monday in May following their election and continuing for a period 188 of four years until the second Monday in May, or until their successors have been duly elected 189 and qualified. 190 Thereafter, commencing with the regular municipal election to be held in April of 2013, 191 the The terms of the councilmencouncilmembers shall be for a period of four years, 192 commencing on the second Monday in May following their election and continuing for a term 193 of four years until the second Monday in May, or until their successors have been duly elected 194 and qualified. The mayor and at-large councilmancouncilmember shall be elected at alternating 195 biennial regular municipal elections. 196 In order to be eligible to be elected as mayor or as a member of council, the person must 197 as of the date of the election be: 198 (1) A citizen of the United States and of the State of Delaware; 199 (2) A resident of the city and having continuously resided therein or in an area annexed 200 to the city during the two (2) years immediately preceding the day of the election; 201 (3) A resident of the election district from which they are seeking election, unless they 202 are seeking election as an at-large councilmancouncilmember or mayor; 203 (4) Eighteen (18) years of age or older; and 204 (5) Nominated therefore, as hereinafter provided; and. 205 (6) A registered voter of the City of Dover. 206 Holding Other Office. Except where authorized by law, no council 207 memberscouncilmembers shall hold any other elected public office, city office, or city 208 employment during the term for which the member was elected to the council. No former 209 council memberscouncilmembers shall hold any compensated appointive office or employment 210 with the city until one year after the expiration of the term for which the member was elected 211 to the council, unless granted a waiver by the Board of Ethics (Ethics Commission)board of 212 ethics (ethics commission). 77 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 2, § 1; 78 Del. Laws, c. 213, 213 § 1; 79 Del. Laws, c. 105, § 1. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 7 of 37 43

Item 3. 214 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 215 (S.B. 8); Res. No. 2011-11 (S.B. 165), 10-10-2011; Res. No. 2013-09 (S.B. 69), 3-25-2013 ) 216 Sec. 6. Municipal election; dates, time, and place of elections. 217 Regular municipal elections shall be held biennallybiennially on the third Tuesday in April. 218 All other municipal elections that may be held shall be known as special municipal elections. At 219 each such municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The 220 council may designate the places of election and make all necessary rules and regulations not 221 inconsistent with this Charter or with other laws of the State of Delaware for the conduct of 222 elections, for the prevention of fraud in elections, and for the recount of ballots in case of 223 doubt or fraud. At alternating biennial regular municipal elections held on the third Tuesday in 224 April, five councilmencouncilmembers shall be elected for a term of four years, four of whom 225 shall be elected by district voting from each of the districts as designated by council and one of 226 whom shall be elected by at largeat-large voting by all voters of the city, as provided in section 227 5 of this Charter. At the next biennial regular municipal election held on the third Tuesday in 228 April, four councilmencouncilmembers shall be elected by district voting from each of the 229 districts as designated by council for a term of four years, and a mayor shall be elected by at- 230 large voting by all the voters of the city for a term of four years, as provided in section 5 of this 231 Charter. 77 Del. Laws, c. 130, § 7; 78 Del. Laws, c. 213, § 2. 232 (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- 233 10-2011) 234 Sec. 7. NominationNominating petitions for candidates for council and mayor. 235 The mode of nomination of candidates for the council and for mayor shall be by petition, 236 signed by not less than ten (10) nor more than twenty-five (25) electorsregistered voters of the 237 city, filed with the clerk of councilcity clerk. In the years when a mayor is to be elected, 238 nominating petitions for candidates for mayor shall be accepted no sooner than the first 239 working day of January and not later than the last working day of January onat or before 4:30 240 p.m. on the second Friday of February bienially Nominating petitions for candidates for council 241 andshall be accepted no sooner than the first working day of January and not later than the last 242 working day of February January biennially onat or before 4:30 p.m. on the last working day in 243 January biennally for candidates for mayor in the years when a mayor is to be elected. Should 244 the second Friday of February fall on a legal holiday, the filing date shall be 4:30 p.m. on the 245 next working day thereafter which is not a legal holiday. 246 Whenever a petition nominating a person for the office of mayor or 247 councilmancouncilmember shall have been filed as above prescribed, the name of such person 248 shall be printed on the ballot for the regular biennial municipal election as a candidate for the 249 office for which they were nominated, provided they possess the qualifications prescribed by 250 this Charter for a candidate for such office. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 8 of 37 44

Item 3. 251 No nominating petition shall designate more than one person to be voted for as a member 252 of council or as mayor. 253 The signers of a nominating petition for a member of the council must be 254 electorsregistered voters of the city residing in the city election district in which the nominee 255 resides; but the signers to theof a nominating petition for the mayor and for the at-large 256 councilmancouncilmember may be registered voters of the city electors residing in the city at- 257 large. 258 There must be attached to each nominating petition an affidavit of the circulator thereof, 259 stating the number of signers and that each signature appended thereto was made in their 260 presence, and is the genuine signature of the person whose name it purports to be, and that all 261 of said signers are entitled to vote at the regular municipal election referred to; and, in the case 262 of a petition nominating a candidate for councilmancouncilmember running from a particular 263 district and to be elected by district voting, that the circulator of the petition verily believes that 264 each signer of said petition is a resident of the same city election district in which the nominee 265 resides. 266 With each signature shall be stated the place of residence of the signer, giving the street 267 and numberaddress or other description sufficient to identify the same. The form of the 268 nominating petition shall be substantially as follows: 269 We, the undersigned, electors of Theregistered voters of the City of Dover, hereby 270 nominate ___________, who resides in the ___________ City District of the said City of 271 Dover, for the office of Councilmancouncilmember (or for the office of Mayormayor as the 272 case may be) to be voted for at the regular municipal election to be held in the said City, 273 on the ________ day of ________ in the year ________; and we individually certify that 274 we are qualified to vote for a candidate for the office named, and that we have not signed 275 any other nominating petition for that office, and that our places of residences are truly 276 stated after our signatures. 277 Name 278 Street and numberaddress 279 (Space for Signatures) 280 STATE OF DELAWARE 281 KENT COUNTY 282 SS. 283 ________ being duly sworn (or affirmed) deposes and says that they were the circulator of 284 the foregoing petition paper containing ___ signatures, and that the signatures appended 285 thereto were made in his/hertheir presence, and are the signatures of the persons whose 286 names they purport to be, and that they verily believes the residence of each signer 287 thereof to be truly stated, and that all of said signers are entitled to vote at the regular Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 9 of 37 45

Item 3. 288 municipal election referred to in said paper; and, in case the petition is nominating a 289 candidate for councilmancouncilmember to be elected from a specific district by district 290 voting, that each signer of said petition is a resident of the same city election district in 291 which the nominee resides. 292 (Signed) 293 Subscribed and sworn to (or affirmed) before me this ________ day of ________ 294 ___________ Justice of the Peace (or Notary Public) 295 77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3. 296 (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- 297 10-2011) 298 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible 299 to vote; voter registration; official ballots and voting machines; absentee ballots. 300 There is hereby created the election board which shall be a non-elected body to oversee 301 the municipal elections, as well as to serve as an advisory board to Councilcouncil on such 302 matters as voter registration, municipal elections, election rules and regulations, and polling 303 locations for City elections. The board shall be composed of five (5) members, serving three (3) 304 years terms, to be appointed by the Mayormayor and confirmed by council at the Annual 305 Meeting, or as necessary to fill vacancies as they occur. One member shall be appointed from 306 each district into which the city has been divided for election purposes, and one member shall 307 be appointed on an at largeat-large basis. The City Clerkcity clerk shall serve as a liaison 308 member of the board. Upon expiration of the term of appointment, a member shall serve until 309 his/hertheir successor has been duly appointed. If a vacancy occurs during the term of any 310 member of the election board, a person residing in the same numbered district shall be 311 appointed to fill the remainder of said term. Members serve without salary, but shall be paid a 312 per diem allowance as specified by Citycity ordinances. 313 To be eligible for appointment to the election board, each prospective member shall be a 314 citizen of the United States, a registered voter within the Citycity, and have resided within the 315 geographical boundaries of the Citycity for one year preceding the appointment. The 316 Mayormayor and members of Councilcouncil, their parents, spouse, or children, shall not be 317 eligible for appointment to the election board. 318 Election board members will voluntarily remove themselves from the election board prior 319 to participating in any campaign to elect a candidate. Upon certification of the election results, 320 the election board member shall resume their duties on the board. If a majority of 321 councilmembers determine that a conflict of interest or a potential conflict of interest exists 322 regarding an election board member and a candidate, then the election board member shall be 323 temporarily removed from the election board. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 10 of 37 46

Item 3. 324 All elections shall be held by an election board. The City Clerkcity clerk may designate such 325 other persons as he/shethey shall deem necessary to assist the members of the election board 326 in the conduct of the election and counting of the ballots. Should any or all of the members of 327 the election board be absent from the place of election at 7:00 a.m. on the day of the election 328 or fail or neglect to act in the conduct of such election during the time the polls are open and 329 until the ballots are counted and the results of the election certified, the voters of the city 330 present at such time may choose from the qualified voters of the city such person or persons as 331 shall be necessary to fill places made vacant by the absence or neglect aforesaid. 332 When the polls are closed, the election board shall publicly count the votes and shall 333 certify the results of the election to each of the persons elected and to the council. The 334 candidate for the office of mayor who receives the highest number of votes cast for that office 335 shall be declared to be elected mayor; the candidate for the office of at-large 336 councilmancouncilmember who receives the highest number of votes cast for that office shall 337 be declared to be elected at-large councilmancouncilmember; and the candidates for the 338 offices of councilmencouncilmember from each district who receive the highest number of 339 votes cast by voters who reside in that district and cast votes for councilmencouncilmember of 340 that district shall be declared to be elected to that office. In the event of a tie vote for any 341 office, a special election for said office(s) only shall be held within thirty (30) days and the 342 registration books shall remain closed until the outcome of the special election is determined. 343 Every resident of the City of Dover who shall have reached the age of eighteen (18) years 344 by the time of the election and who is properly registered to vote shall be entitled to vote at all 345 regular or special municipal elections. A voter will be considered properly registered to vote if 346 they are properly registered to vote for state elections in accordance with Title 15 of the 347 Delaware Code as amended. 348 The council shall provide for the use of voting machines in all regular and special municipal 349 elections in conformity with Title 15 of the Delaware Code. by ordinance duly adopted by 350 council. Voting machines shall be used in accordance with Title 15 of the Delaware Code and by 351 ordinance duly adopted by council. The names of the candidates for each office shall be listed in 352 alphabetical order on the voting machines under the name of the office to which they seek 353 election. The voters shall designate their choice of candidates in accordance with the regular 354 method of operation of voting machines. The council may provide sample ballots plainly 355 marked as such and printed on paper of any color except white to be distributed to any voter or 356 candidate who requests them prior to or during the election. 357 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at 358 any election either because of being in the public service of the United States or of this state, or 359 because they will be unavoidably absent from the city on the day of the election, or because of 360 his/hertheir sickness or physical disability may cast a ballot at such election by absentee ballot 361 to be counted in the total of such election. The council may provide the rules and regulations 362 for such absentee voting by ordinance for all elections. 77 Del. Laws, c. 130, § 9,10 363 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, §§ 9, 10)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 11 of 37 47

Item 3. 364 Sec. 9. Meetings of mayor and council—Generally. 365 At 7:30 p.m. onOn the second Monday in May following a regular municipal election, the 366 mayor and council shall meet at the usual place for holding council meetings and the newly 367 elected officers shall assume the duties of office, being first duly sworn or affirmed to perform 368 their duties with fidelity. Such meeting shall be called or known as the annual meeting. 369 Thereafter, the council shall hold regular meetings at such times as may be prescribed by 370 ordinance, but not less frequently than once each month. Special meetings may be called and 371 held as prescribed by ordinance. All meetings of the council shall be open to the public except 372 scheduled executive sessions. 373 At the annual meeting held on the second Monday in May, the members of council shall 374 elect one of their members to serve as council president, such term to be in effect until the next 375 regularly scheduled annual meeting or until a successor is elected. The council president shall 376 serve as vice-mayor. The Councilcouncil president shall preside over regular and special council 377 meetings. 378 The mayor shall preside over the annual meeting and quarterly town meetings, and at the 379 annual meeting present a state of the city message and offer mayoral appointments for council 380 confirmation. The mayor, upon recommendation from the council president, will present 381 council appointments for council approval. 382 In the event of absence of the council president, then the senior member of council in 383 terms of length of service as a councilmancouncilmember shall assume the duties of the council 384 president and shall be designated council president acting. In the event that two (2) or more 385 members of council have the same seniority in terms of length of service as a 386 councilmancouncilmember, then the members of council shall vote and elect one of those as 387 council president acting. Council president acting shall fulfill all of the duties and responsibilities 388 of council president during his/hertheir period of unavailability or absence. 389 (Amd. of 7-12-2005 (S.B. 126)) 390 Sec. 10. Meetings of mayor and council—Procedure. 391 Five (5) of the members elected to the council shall constitute a quorum to do business, 392 but a less number may adjourn from time to time and may compel the attendance of absent 393 members in such manner and under such penalties as may be prescribed by ordinance. 394 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the 395 affirmative vote of a majority of the members elected to the council, and (2) the written 396 approval of the mayor, or the vice-mayor in those cases where the vice-mayor is authorized to 397 act as mayor as provided in section 15 hereof, provided that in the absence of such approval by 398 the mayor, or the vice-mayor as the case may be, the council may, after not less than seven (7) 399 days nor more than thirty-five (35) days after the prior vote, pass or adopt the said ordinance, Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 12 of 37 48

Item 3. 400 resolution, motion or order which did not receive the approval of the mayor, or the vice-mayor, 401 by the affirmative vote of two-thirds of the members elected to council. 402 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the 403 duty of the mayor, or the vice-mayor, to signify his/hertheir approval or disapproval thereof in 404 writing to the clerk of the council within seven (7) days thereafter. The clerk of the council shall 405 forthwith notify the members of the council of such approval or disapproval. 406 Motions to adjourn meetings of council and orders to compel the attendance of absent 407 members shall not require the approval of the mayor or vice-mayor. 408 A councilmancouncilmember shall abstain from voting on a matter that he/she feelsthey 409 feel would involve the consideration of his/hertheir own official conduct, on a matter in which 410 he/she hasthey have a financial interest, in a matter in which he hasthey have a conflict of 411 interest or in accordance with a policy adopted by council. 412 The yeas and nays shall be taken upon the passage of every ordinance and resolution and 413 entered together with the text of the ordinance or resolution upon the journal of the 414 proceedings of the council. The journal shall be deemed conclusive evidence of the facts stated 415 therein except in the case of fraud. 416 The city council may adopt any standard code of technical regulations by reference thereto 417 in an adopting ordinance. The procedure and requirements governing such an adopting 418 ordinance shall be as prescribed for ordinances generally except that: 419 (1) The requirements for distribution and filing of copies of the ordinance shall be 420 construed to include copies of the code of technical regulations as well as of the 421 adopting ordinance, and 422 (2) A copy of each adopted code of technical regulations as well as of the adopting 423 ordinance shall be authenticated and recorded by the city clerk. 424 Copies of any adopted code of technical regulations shall be made available by the city 425 clerk for distribution or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11 426 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 11)) 427 Sec. 11. Council to be judge of election results and qualification of members; power to fix 428 procedure. 429 The council shall be the judge of the election results and qualification of its members and, 430 in such cases, shall have power to subpoena witnesses and compel the production of all 431 pertinent books, records and papers; but the decision of the council in any such case shall be 432 subject to review by the courts. The holding over members shall constitute the council for the 433 purpose of determining election contests. The council shall determine its own rules and order 434 of business and keep a journal of its proceedings. It shall have power to compel the attendance 435 of absent members, and may punish its members for disorderly behavior. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 13 of 37 49

Item 3. 436 (Amd. of 7-12-2005 (S.B. 126)) 437 Sec. 12. Compensation; expenses—Mayor, council members, and other elected or appointed 438 officials. 439 The city council shall determine the annual salary and emoluments of the mayor, council 440 members, and other elected or appointed officials by ordinance to be adopted annually with 441 the adoption of the Fiscal Year Budget ordinance., but no ordinance increasing the salary of the 442 mayor or city council members shall become effective until the date of commencement of the 443 terms of the mayor or council members elected at the next regular election. The mayor and 444 council members shall receive their actual and necessary expenses incurred in the performance 445 of their duties of office. 77 Del. Laws, c. 130, § 12 446 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 12)) 447 Sec. 13. Vacancies; forfeiture of office; filling of vacancies. 448 (a) Vacancies. The office of mayor or a council membercouncilmember shall become vacant 449 upon the member'stheir death, resignation, or removal from office or forfeiture of office in 450 any manner authorized by law. 451 (b) Forfeiture of Office. A council memberThe mayor or councilmember shall forfeit that office 452 if theythe council member: 453 (1) Fails to meet the residency requirements, 454 (2) Violates any express prohibition of this charter, 455 (3) IsAre convicted of a crime involving moral turpitude, or 456 (4) Fails to attend three consecutive regular meetings of the council without being 457 excused by the council. 458 In the case of any such vacancy or of any vacancy created by death, resignation or 459 otherwise for which said vacancy shall be less than six months or less in duration from the next 460 regular or special election, the office shall remain vacantvacancy shall be filled at the next 461 regular or special election if there is sufficient time to meet the requirements of the Dover 462 Code of Ordinances, the City of Dover Charter, and Title 15 of the Delaware Code. If such 463 vacancy should be in excess of six months in duration, a special election shall be held to fill such 464 vacancy, this special election to be held no sooner than 3060 days from the date of the vacancy, 465 but said special election to be held no later than 6090 days after the date of the vacancy. If 466 council fails to call for a special Election, the special Electionelection shall be called by the 467 Election Boardelection board. 77 Del. Laws, c. 130, § 13 468 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 13)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 14 of 37 50

Item 3. 469 Sec. 14. Duties of mayor. 470 The mayor shall be the executive and chief official of the city. The Mayormayor shall have 471 the powers and perform the duties conferred and imposed by this Charter and ordinances of 472 the city. The mayor shall preside at the annual meeting of the council and at all quarterly town 473 meetings. The council president shall preside at all other meetings of the council. The mayor 474 shall have no vote on council matters of any nature whatsoever. The mayor is an ex officio 475 member of all committees, but shall have no vote. 476 (Amd. of 7-12-2005 (S.B. 126)) 477 Sec. 15. Council president/vice-mayor, duties of. 478 At each annual meeting, the council shall elect one of their number as council president 479 who shall also serve as vice- mayorvice-mayor. During a vacancy in the office of mayor or during 480 the absence or disability of the mayor, the vice-mayor shall have all the powers and duties of 481 the mayor, except as hereinafter provided. The council president and vice-mayor shall retain 482 his/hertheir right to vote as councilmancouncilmember at all times although he/shethey may 483 be acting as the mayor, unless the mayor's absence appears to be indefinite or extended, in 484 which case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's 485 position is either filled in accordance with section 13 hereof or the mayor returns to 486 his/hertheir duties, which resolution shall provide that the vice-mayor shall have the right to 487 approve or disapprove council action in accordance with section 10 hereof, in which case the 488 vice-mayor shall lose his/hertheir vote as councilmancouncilmember until further action is 489 taken by council. 490 (Amd. of 7-12-2005 (S.B. 126)) 491 Sec. 16. City clerk. 492 The city council shall appoint an officer of the city who shall have the title of city clerk.The 493 city clerk shall be appointed by a majority vote of the city council to hold office until their 494 successor has been duly chosen and qualified, but subject to removal at any time by the 495 council. The city clerk shall give notice of council meetings to its members and the public, keep 496 the journal of its proceedings and perform such other duties as are assigned by this charter or 497 ordinance or by the council or by state law. 77 Del. Laws, c. 130, § 14 498 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 14)) 499 Sec. 17. Controller/treasurer. 500 At the annual meeting the council shall elect a Controller/treasurerThe 501 controller/treasurer shall be appointed by a majority vote of the city council to hold office until Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 15 of 37 51

Item 3. 502 the next annual meeting of the council, or until his/hertheir successor has been duly chosen 503 and qualified, but subject to removal at any time by the council. 504 The Controllercontroller/treasurer shall be the custodian of all the city funds and shall 505 deposit them in a banking institution designated by the council. 77 Del. Laws, c. 130, § 15 506 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15)) 507 Sec. 18. Ordinances authorized; maximum penalty for violation. 508 The council is hereby vested with the authority to adopt ordinances of every kind relating 509 to any subject coming within the powers and functions of the city, or relating to the 510 government of the city, its peace and order, its sanitation, appearance and beauty, the health, 511 safety, convenience and comfort of its population, and the protection and preservation of 512 property to include regulation of rental properties, safe communities, and land rentals, and to 513 fix and impose and enforce the payment of, fines and penalties for the violation of any such 514 ordinance; as such penalties will be provided by the Dover Code of Ordinances and no provision 515 in this Charter as to ordinances on any particular subject shall be deemed or held to be 516 restrictive of the power to adopt ordinances on any subject not specifically enumerated. 77 Del. 517 Laws, c. 130, § 16 518 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 16)) 519 Sec. 19. Power of council to define and abate nuisances. 520 The council shall have power to define nuisances and cause their abatement. The 521 operation of any instrument, device, or machine of any kind whatsoever, that shall cause 522 electrical interference with radio or television reception within the limits of the city shall, at the 523 option of the council, be deemed to be a nuisance. 524 (Amd. of 7-12-2005 (S.B. 126)) 525 Sec. 20. Power of council to provide for fire protection measures. 526 The council shall have power to adopt all measures requisite or appropriate for protection 527 against fire. To this end the council may adopt ordinances prohibiting the use of building 528 materials that the council deem would create a fire hazard, and may zone or district the city 529 and make particular provisions for particular zones or districts with regard to buildings and 530 building materials. This power shall be deemed to embrace new buildings or additions to or 531 alterations of existing structures of every kind. The council shall have the power to condemn 532 any building or structure or portion thereof that it deems to be a health hazard or constitutes a 533 fire menace or to require or cause the same to be torn down, removed, or so altered as to 534 eliminate the health hazard or menace of fire. 535 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 16 of 37 52

Item 3. 536 Sec. 21. Power of council to adopt zoning ordinances. 537 The council may adopt zoning ordinances limiting and restricting to specified districts, and 538 regulating therein, buildings and structures according to their construction and the nature and 539 extent of their use. 540 (Amd. of 7-12-2005 (S.B. 126)) 541 Sec. 22. Power of council to regulate construction of buildings and require permits; building 542 inspector authorized. 543 The power of the council to adopt ordinances for the safety of the city and its population 544 shall be deemed to embrace the right to prescribe the height and thickness of the walls of any 545 building and the kind and grade of materials used in the construction thereof. 546 The council may provide for the issuance of building permits and forbid the construction of 547 a new building or the addition to or alteration and repair of an existing building except when a 548 building permit has been obtained therefore. The council may appoint a building inspector and 549 prescribe his/hertheir powers and duties. 550 (Amd. of 7-12-2005 (S.B. 126)) 551 Sec. 23. Power of council to create city planning commission; members generally. 552 The council may create a city planning commission for the development, improvement, 553 and beautification of the city, and prescribe its powers and duties. No member of the planning 554 commission may hold at the same time, any elected city office. 555 Members of any planning commission created by the city shall consist of two (2) members 556 from each council district and one member serving at largeat-large. 557 All members of the planning commission must be residents of the City of Dover. 558 Each appointed member of the commission shall receive per diem reimbursement for 559 expenses to be paid quarterlymonthly for preparation and attendance at each meeting of the 560 planning commission attended in an amount to be set by council. 561 (Amd. of 7-12-2005 (S.B. 126)) 562 Sec. 24. Power of council to franchise or license public utilities and common carriers. 563 The council shall have the right to grant or refuse franchises or licenses to public utilities 564 and common carriers and fix the terms and conditions thereof and to regulate their use of the 565 streets, lanes, alleys, rights-of-way, and air space or airways of the city. 566 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 17 of 37 53

Item 3. 567 Sec. 25. Power of council to operate light, power or water plant. 568 The council shall have power to operate a light, power and water plant for the city, and to 569 do all things necessary for its maintenance and operation. The council may at their option 570 transmit electric current and/or water from its said plant to places or properties outside of the 571 city limits upon such terms, charges and conditions as they shall determine. 572 The council shall have power to adopt ordinances, rules and regulations in regard to the 573 use for public or private purposes of electric current distributed and or water furnished by the 574 city and the amount to be paid by the users thereof, and fix fines and penalties for any willful or 575 negligent injury or damage to its water and light plant, and to any objectionable use in 576 connection with its light and water system, and to any interference with or obstruction of the 577 said system. 578 (Amd. of 7-12-2005 (S.B. 126)) 579 Sec. 26. Power of council with reference to sewers. 580 The council shall have superintendence and supervision of the sewers and the sewer 581 system of the city. They shall have power to install any or additional sewers in the city. The 582 council may by condemnation proceedings take for sewer purposes, private land, or the right to 583 use private land under the surface thereof, for the laying of sewer mains. The proceedings by 584 condemnation under this section shall be the same as prescribed by Section 27 of this Charter 585 with regard to the laying out of new streets, and the resolutions referred to in said section shall 586 be modified to cover the case contemplated by this present section. 587 The council shall have power to make all ordinances, rules and regulations regarding the 588 sewers and sewer system of the city and the use thereof, and may fix fines and penalties for the 589 violation of the provisions of such ordinances. The council may require any property in the city 590 to be connected with the water and sewer mains and to compel the owner of such property to 591 pay the cost of such connection and the tapping fee or charge therefore. The connecting with 592 the water or sewer mains and the tapping thereof shall be under the regulation and control of 593 the council. 594 The council may extend the sewer system of the city to places outside of the city limits 595 upon such terms, charges and conditions as it shall determine. 596 The council is hereby authorized to impose a charge or rent for the use of the sewer 597 system of the city, both within and without the limits of the city, and in addition to the 598 connection or tapping charges. 599 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 18 of 37 54

Item 3. 600 Sec. 27. Power of council to lay out, locate, abandon, etc., streets, sidewalks, etc. 601 The council shall have power and authority to lay out, locate, accept, and open new streets 602 and to widen and to alter existing streets or parts thereof, and to vacate or abandon streets or 603 parts thereof, whenever they shall deem it for the best interest of the city. 604 Whenever, the land comprehended or included in any street, or part thereof, vacated or 605 abandoned under this section is owned by the city, the council may, in their discretion, sell such 606 land either at private or public sale and for such consideration as the council shall deem proper, 607 and shall have the right and power to convey to the purchaser or purchasers thereof a good 608 and sufficient title thereto. 609 The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes 610 and alleys. 611 (Amd. of 7-12-2005 (S.B. 126)) 612 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public 613 improvements; municipal lien docket. 614 The council shall have power to pave or repave, or to cause to be paved, or repaved, the 615 streets and sidewalks of the city, or any part or portion thereof, with such material or materials 616 as it shall determine. 617 The power hereby conferred shall be exercised in the following manner, pursuant to 618 Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places of the Dover Code, to 619 wit: 620 SIDEWALKS 621 A. The city council, at such time as it shall determine that the condition or conditions of a 622 particular street or streets, or portion thereof, requires that sidewalks be laid, or that the 623 sidewalks then existing, if there be sidewalks laid, should be improved, or upon the 624 petition of a majority of persons owning property along any of the streets, or a portion of 625 any of the streets of the said city, asking that the sidewalks abutting on said street or 626 streets, be improved, or that sidewalks be laid where there are none at the time of the 627 filing of the petition, may direct the property owner or owners to lay or replace sidewalks 628 with such material or materials, as, in the judgment of the said Council of the City of 629 Dover, may seem best under the circumstances. 630 It shall be the duty of the city manager to give at least fifteen (15) days notice in writing to the 631 owner or owners of the property affected by the action of the said council. Said notices 632 shall be served in the manner following: A copy thereof shall be delivered personally to the 633 owner or owners of said property, or a copy thereof shall be left with the tenant in 634 possession of the property, or a copy thereof shall be sent by registered mail to the last 635 known post office address of the owner or owners of the said property or properties so Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 19 of 37 55

Item 3. 636 affected. Service of such notice by either of said methods shall be sufficient to bind the 637 owner or owners under the provisions of this Charter. 638 It shall be the duty of the owner or owners, after notice shall have been given in either of the 639 ways above designated, to forthwith cause the said sidewalks to be laid or the 640 improvement or alterations thereof to be made, as directed in said notice. 641 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the 642 sidewalks or portion thereof, according to the direction of said notice, it It shall be the duty 643 of the City Managercity manager to cause the said sidewalks to be laid or altered or 644 improved, as the case may be., according to the terms of such notice. 645 STREETS 646 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day 647 and at a named hour and place, the council will meet to consider the question of paving or 648 repaving, with specified material or materials, the named street in front of the property of 649 named owners, and, of assessing the cost thereof against the owners. Said ordinance or 650 resolution shall be published at least one week prior to the meeting aforesaid in at least 651 one issue of a newspaper published in the city. The council shall hold a meeting in 652 accordance with said ordinance or resolution and shall hear thereat the named owners of 653 property and other residents of the city appearing on the questions presented in said 654 ordinance or resolution. 655 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, 656 whether or not to proceed with the paving or repaving specified in said ordinance or 657 resolution; provided, however, that the council shall not proceed with such improvement 658 if, at or prior to the hearing aforesaid, the council shall be presented with a written 659 objection thereto signed by a majority of the owners of real property in front of which 660 such paving or repaving was contemplated. It shall be the duty of the city manager to 661 cause said streets to be laid or altered or improved, as the case may be. The provisions of 662 this subsection, relating to the paving or repaving of streets, shall be deemed to apply to 663 and include curbs and gutters. 664 665 SPECIAL ASSESSMENTS 666 C. The city shall have the authority to levy and collect special assessments upon property in a 667 limited and determinable area for special benefits accruing to such property as a 668 consequence of any municipal public work or improvement, and to provide for the 669 payment of all, or any part of, the cost of the work, service or improvement out of the 670 proceeds of such special assessments. 671 When the term "owner" or "owners" is used with respect to special assessments, it 672 shall be deemed to mean the person or persons who owned the property in question at 673 the time of the enactment of the assessment ordinance, and, any change in ownership Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 20 of 37 56

Item 3. 674 thereafter shall not be deemed to affect any of the steps or proceedings described in this 675 Charter with respect to special assessments. 676 The council shall also have the authority to enact ordinances which provide for the 677 levy and collection of assessments against property owners for the cost of installation of 678 sanitary sewers, storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters 679 and other public improvements. 680 Such ordinances shall prescribe: 681 (1) The basis to determine the amount which shall be assessed upon the properties 682 abutting the public work or improvement; 683 (2) What portion of corner properties shall be considered frontage and what portion 684 side frontage and whether there shall be any exemption on side frontage; 685 (3) Payment provisions providing for payment in installments, except that 686 assessments for current services or service connections shall be payable within 687 one year; and 688 (4) Rules under which individual appeals shall be heard. 689 All special assessments and all water and sewer service charges shall be liens and shall be 690 entered in the municipal lien docket as liens. 691 The council may provide for the payment of special assessments for whatever 692 purpose levied by installments, but assessments for permanent improvements shall be 693 paid in annual or more frequent installments, and, assessments for current services shall 694 be payable within one year. 695 MUNICIPAL LIEN DOCKET 696 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and 697 maintained by the city manager. The docket shall be substantially the same in form as the 698 judgment docket for Kent County and shall contain an index according to the name of the 699 owner against whom such lien has been assessed. All taxes and all charges for water 700 service, sewer service, garbage service, electric service, grass cutting services and debris 701 removal, dangerous building ordinance costs and assessments, special assessments for 702 municipal improvements of any nature, and all other charges or assessments made by the 703 city against property owners may be recorded in the municipal lien docket and shall be and 704 constitute a lien upon all of the real estate of the taxable against or upon whom such taxes 705 and/or charges are laid or imposed, of which such taxable was seized at any time after 706 such taxes and/or charges have been levied and imposed, situate in the City of Dover. All 707 liens so recorded shall continue in full force and effect until the same plus accrued costs 708 have been paid in full. Upon payment in full of the lien and all costs, it shall be the duty of 709 the city manager to enter forthwith upon the docket the date of final payment and the 710 words "satisfied in full." Failure to record liens in the municipal lien docket shall not affect 711 liens otherwise provided for in 25 Del.C. section 2901, et seq. Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 21 of 37 57

Item 3. 712 (Amd. of 7-12-2005 (S.B. 126)) 713 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe 714 grades thereon and regulate traffic. 715 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, 716 management and control of the council, and the council may prescribe the grades thereof and 717 adopt ordinances regulating the use thereof and the traffic thereon. 718 (Amd. of 7-12-2005 (S.B. 126)) 719 Sec. 30. Power of council to provide for disposal of garbage and sewage. 720 The council shall have power to provide for the incineration or other sanitary disposal of 721 litter, debris, refuse, garbage and sewage. 722 (Amd. of 7-12-2005 (S.B. 126)) 723 Sec. 31. Power of council to regulate parking and provide parking lots. 724 The council shall have power to adopt ordinances regulating the parking of automobiles 725 and motor vehicles within the city, and may lease or purchase land to be used for parking 726 purposes. 727 (Amd. of 7-12-2005 (S.B. 126)) 728 Sec. 32. Council to determine salaries of city appointees and employees. 729 The salaries or emoluments of all city appointees and city employees shall be determined 730 by the council through the pay system and Collective Bargaining Agreements as amended. 731 (Amd. of 7-12-2005 (S.B. 126)) 732 ARTICLE III. CITY MANAGER 733 Sec. 33. The city manager generally. 734 The council shall appoint a city manager who shall be the chief administrative officer of the 735 city. The City Managercity manager need not, when appointed, be a resident of the city or the 736 state. No member of the council shall, during the time for which elected, be chosen as city 737 manager. The manager shall be appointed for an indefinite term but shall be removable at the 738 pleasure of the council. Before the manager may be removed he/shethey shall, if he/shethey so 739 demand, be given a written statement of the reasons alleged for his/hertheir removal and the 740 right to be heard publicly thereon at a meeting of the council prior to the final vote on the Created: 2021-11-01 13:18:38 [EST] (Supp. No. 35, Update 1) Page 22 of 37 58

Item 3. 741 question of his/hertheir removal, but pending and during such hearing the council may suspend 742 him/herthe manager from office. The action of the council in suspending or removing the 743 manager shall be final, it being the intention of this Charter to vest all authority and fix all 744 responsibility for such suspension or removal in the council. In case of the absence or disability 745 of the manager the council may designate some qualified person to perform the duties of the 746 office during such absence or disability. 747 (Amd. of 7-12-2005 (S.B. 126)) 748 Sec. 34. Responsibility of manager; powers of appointment and removal. 749 The city manager shall be responsible to the council for the proper administration of all 750 affairs of the city placed in his/hertheir charge, and to that end, except as otherwise provided 751 herein, he/shethe city manager shall have the power to appoint and remove all employees in 752 the administrative service of the affairs of the city under his/hertheir charge. All such 753 appointments shall be without definite term. 754 (Amd. of 7-12-2005 (S.B. 126)) 755 Sec. 35. Appointments and removals. 756 Neither the city council nor any of its members shall in any manner control or demand the 757 appointment or removal of any city administrative officer or employee whom the city manager 758 or any subordinate of the city manager is empowered to appoint, but the council may express 759 its views and fully and freely discuss with the city manager anything pertaining to appointment 760 and removal of such officers and employees. The city administrative officers and employees can 761 be assured of due process in accordance with Title 19 of the Delaware Code. 77 Del. Laws, c. 762 130, § 17 763 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 17)) 764 Sec. 36. Interference with administration. 765 Except for the purpose of inquiries, and investigations by council under Sec. 39, the council 766 or its members shall deal with city officers and employees who are subject to the direction and 767 supervision of the city manager solely through the city manager, and neither the council nor its 768 members shall give orders to any such officer or employee, either publicly or privately. 77 Del. 769 Laws, c. 130, § 18 770 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 18)) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 23 of 37 59

Item 3. 771 Sec. 37. Duties of the manager. 772 It shall be the duty of the city manager to supervise the administration of the affairs of the 773 city under his/hertheir charge; to make such recommendations to the council concerning the 774 affairs of the city as may seem to him/her desirable to the city manager; to keep the council 775 advised of the financial conditions and future needs of the city; to prepare and submit to the 776 council the annual budget estimate; to prepare and submit to the council such reports as may 777 be required by that body; and to perform such other duties as may be prescribed by this 778 Charter or required of him/herthem by ordinance or resolution of the council. 779 (Amd. of 7-12-2005 (S.B. 126)) 780 Sec. 38. Right of manager to sit in council meetings. 781 The city manager and such other officers of the city as may be designated by vote of the 782 council, shall be entitled to seats in the council, but shall have no vote therein. 783 (Amd. of 7-12-2005 (S.B. 126)) 784 Sec. 39. Investigations. 785 The city council may make investigations into the affairs of the city and the conduct of any 786 city department, office, officer, employee, or agency and for this purpose may subpoena 787 witnesses, administer oaths, take testimony, and require the production of evidence. Failure or 788 refusal to obey a lawful order issued in the exercise of these powers by the council shall be a 789 Class A misdemeanor punishable by existing State Law. 77 Del. Laws, c. 130, § 19 790 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 19)) 791 Sec. 40. Other functions of city manager. 792 The city manager shall have charge of the light and water plant operated by the city, and 793 of the light and water and sewer systems of the city. The City Managercity manager shall have 794 charge of the supervision of the streets, gutters, curbs and sidewalks of the city and of all work 795 relating thereto. The City Managercity manager shall have charge of the administration of all 796 provisions of this Charter and ordinances and regulations of the council relating to affairs of the 797 city, when not otherwise provided for by this Charter or by any ordinance or resolution of the 798 council. The City Managercity manager shall ex officio be the collector of taxes for the city. It 799 shall be his/herthe city manager’s duty to collect all water rents and fees for the tapping of 800 water mains and sewers, all charges for electric current and all city revenue from any source 801 whatsoever. The City Managercity manager shall pay over to the Controllercontroller/treasurer 802 at least monthly, and oftener if required by council, all moneys received or collected by 803 him/herthem and by any employee under him/herthe city manager. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 24 of 37 60

Item 3. 804 The City Managercity manager shall keep a full and strict account of all moneys received 805 and all transfers made by him/herthem to the Controllercontroller/treasurer and such accounts 806 shall be at all times open to inspection by the council. The City Managercity manager shall make 807 such reports and at such times as the council shall direct. 77 Del. Laws, c. 130, § 20 808 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 809 Sec. 41. 810 This section has been intentionally left blank. 811 ARTICLE IV. FINANCIAL AFFAIRS 812 Sec. 42. Signing of warrantsPayments, Receipts, Accounting, Reporting, and Bonding. 813 The Controllercontroller/treasurer shall pay out no money except upon warrant signed by 814 the city manager and countersigned by the mayor. 815 The mayor and the city manager shall sign no warrants on the 816 Controllercontroller/treasurer except pursuant to appropriations, contracted awards for 817 services or products, or resolutions theretofore made by the council. 818 The Controllercontroller/treasurer shall keep a true and detailed account of all moneys 819 received and of all moneys paid out by him/herthem. The Controllercontroller/treasurer shall 820 preserve all vouchers for moneys paid by him/herthem. His/herThe controller/treasurer’s 821 books and accounts shall at all times be open to inspection by the council or the mayor or the 822 city manager. 823 The Controllercontroller/treasurer shall make such reports and at such times as the council 824 may direct. 825 The Controllercontroller/treasurer shall be required to give bond in such amount and in 826 such form and with such surety as the council shall determine or approve. 77 Del. Laws, c. 130, 827 § 20 828 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 829 Sec. 43. Fiscal year. 830 The fiscal year of the city shall begin the first day of July and shall end with the next 831 succeeding thirtieth day of June. 832 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 25 of 37 61

Item 3. 833 Sec. 44. Annual budget. 834 On or before the second Monday Tuesday of May of each year, the city manager shall 835 prepare and submit to the council, a draft budget, presenting a financial plan for conducting the 836 affairs of the city for the ensuing fiscal year. The total of proposed expenditures shall not 837 exceed the total of anticipated income. 838 The budget shall include the following information: 839 1. A detailed statement showing the expenses of conducting each department and office 840 of the city for the current year and last preceding fiscal year. 841 2. A detailed estimate of the expenses of conducting each department and office of the 842 city for the ensuing fiscal year with reasons for the increases and decreases 843 recommended. 844 3. The amount of the debt of the city together with a schedule of maturities of bond 845 issues. 846 4. A statement showing the amount required for interest on the city debt and for paying 847 off any bonds maturing during the year and the amount required for the sinking fund. 848 5. An itemized statement of all anticipated income of the city with a comparative 849 statement of the amounts received by the city from each of the same or similar 850 sources for the last preceding and current fiscal years. 851 6. An estimate of the amount of money to be received from taxes. 852 7. Such other information as the city manager may think desirable or as may be required 853 by the council. 854 The council shall on or before the second fourth Monday in the month of June in each year 855 adopt a budget for the succeeding fiscal year. The council shall, so far as possible, adhere to the 856 budget so adopted in the making of appropriations. 857 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by 858 manager thereon to council. 859 No claim against the city shall be paid except on an order on the 860 Controllercontroller/treasurer, signed by the city manager, and approved and countersigned by 861 the mayor. The city manager shall examine all payrolls, bills and other claims and demands 862 against the city and shall issue no warrant for payment, unless he/shethe city manager finds 863 that the claim is proper and in proper form and correctly computed. 77 Del. Laws, c. 130, § 20 864 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 26 of 37 62

Item 3. 865 Sec. 46. Annual audit. 866 Annually in the month of July the council shall have the finances of the city and the books 867 and accounts of the city manager and the Controllercontroller/treasurer audited by a certified 868 accountant. 869 As soon as practicable after such audit has been completed, the council shall cause to be 870 made and published a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 871 130, § 20 872 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 873 Sec. 47. General assessment; levy on utility property; lodging tax. 874 The Citycity shall cause to be made a true, just, and impartial valuation and assessment of 875 all real property within the city, locating each parcel of real property by street and number or 876 other description. The assessor or assessors shall be appointed by a majority vote of the 877 Councilcouncil at its annual meeting by majority vote thereofto hold office until their successor 878 has been duly chosen and qualified, but subject to removal at any time by the council. Before 879 entering upon the duties of office, an assessor shall be sworn or affirmed by the Mayormayor 880 to perform the duties of the assessor's office with fidelity and without favor or partiality. 881 Whenever Councilcouncil shall direct, as set forth in Chapter 102 - taxation, article I - in 882 general, Section 102-1 - valuation and assessment, of the Dover Code of Ordinances, all real 883 property in the City of Dover shall be reassessed by an outside mass appraisal company or a 884 consortium of appraisers chosen by Councilcouncil. The mass appraisal company or consortium 885 of appraisers shall be licensed to conduct business in the State of Delaware and the City of 886 Dover and shall employ appraisers who are licensed by the Delaware Division of Professional 887 Regulation. This assessment shall be in lieu of the valuation and assessment made by the 888 assessor or assessors appointed by Councilcouncil as described herein above and in lieu of the 889 assessor's duties described herein above. 890 The assessor or assessors shall include supplemental assessments made annually for the 891 purposes of (1) adding property not included in the last assessment or (2) increasing or 892 decreasing the assessment value of property which was included in the last annual assessment. 893 The annual assessment date for all real property shall be January 1st of each year. The 894 assessment of all property shall be at its true value in money as of the assessment date. True 895 value in money shall be the fair market value. 896 The general assessment shall be set down by the assessor or assessors in two (2) or more 897 copies, as the Councilcouncil shall direct, and shall be delivered to the Councilcouncil as soon as 898 made. The Councilcouncil shall, on the first day of April of each year, cause a copy of the 899 general assessment to be posted in two (2) public places in the city for ten (10) days. The Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 27 of 37 63

Item 3. 900 assessor shall notify the public of an appeal deadline of thirty (30) days from the date of general 901 assessment posting. 902 The Councilcouncil may direct that appeals from any assessment be heard by a committee, 903 known as the Board of Assessment Appeals, of not less than three (3) members appointed by 904 the Councilcouncil. The Board of Assessment Appealsboard of assessment appeals shall sit at a 905 stated place and time to hear the appeals of all taxpayers dissatisfied with the assessment of 906 their properties, shall collect such information as they consider proper and necessary, and shall 907 report their findings. 908 Notice of the place and time that the Board of Assessment Appealsboard of assessment 909 appeals will sit to hear appeals shall be posted with the general assessment in two (2) public 910 places for a period of ten (10) days. Notice of the posting of the copies of the general 911 assessment and of the place and time of the meetings of the Board of Assessment 912 Appealsboard of assessment appeals shall be published in at least one issue of a newspaper 913 published in the city. 914 The assessment as revised and adjusted by the Board of Assessment Appealsboard of 915 assessment appeals or Superior Courtsuperior court shall be the basis for the levy and 916 collection of taxes for the city. 917 The Councilcouncil shall have the right to levy and collect taxes on gas mains, telephone, 918 telegraph, communications systems, or trolley poles or other erection of like character within 919 the limits of the city, together with the wires thereon strung; and to this end the Councilcouncil 920 may at any time direct the same to be included in or added to the general assessment. 921 The Councilcouncil may impose and collect a lodging tax of no more than 3% of the rent, in 922 addition to the amount imposed by the State, for the occupancy of any room in a hotel, motel, 923 or tourist home, as defined under § 6101 of Title 30 of the Delaware Code, which is located 924 within the boundaries of the City of Dover. 925 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect 926 any assessment made prior to the approval of this section or any tax levied thereunder. 77 Del. 927 Laws, c. 130, § 21; 78 Del. Laws, c. 217, § 1 928 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 21); Res. No. 2011-12 (S.B. 166), 929 11-28-2011; H.B. 255 , 7-17-2019) 930 Sec. 48. Maximum budget. 931 The council shall in the month of June of each year determine the amount of money to be 932 raised for the city for general purposes for the next fiscal year not exceeding two (2) percent of 933 the total taxable assessment for a general tax, and shall also determine the amount of money 934 required to be raised in such year by the city for interest, sinking fund and redemption of the 935 bonds of the city. A reasonable sum for delinquencies, discounts and costs of collection may be 936 added by the council to the amounts aforesaid. The amounts determined as aforesaid together Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 28 of 37 64

Item 3. 937 with any additional sum or sums authorized to be levied and collected, as in this section 938 hereinafter provided, shall be levied and collected by the council on the property and persons 939 assessed as aforesaid and in accordance with such assessment and according to a rate 940 established by the council. 941 The amounts to be levied and collected by the council shall include all special ad valorem 942 taxes, special taxes, and ad valorem taxes levied in connection with or pursuant to Chapter 17 943 or Chapter 18 of Title 22 of the Delaware Code. 944 (Amd. of 7-12-2005 (S.B. 126); Amd. of 5-16-2017 ( H.B. 116 ), § 1) 945 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 946 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st 947 in the calendar year that they are assessed, there shall be added and collected a one and one- 948 half percent (1.5% (18% per annum)) for every month or fraction of a month after the 31st day 949 of July that said taxes remain unpaid. 950 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid 951 by the first day of October in the calendar year that they were assessed and in the collection of 952 said taxes he/shethey shall have all the powers conferred upon or vested in the Receiver of 953 Taxes and County Treasurer for Kent County. 954 The council shall have the authority to allow errors and delinquents in the assessment. 955 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to 956 all taxes laid and imposed under the provisions of this Charter. 957 The provisions of this Section 49 shall apply to all special ad valorem taxes, special taxes, 958 and ad valorem taxes levied by the council in connection with or pursuant to Chapter 17 or 959 Chapter 18 of Title 22 of the Delaware Code. 960 (Amd. of 5-16-2017; ( H.B. 116 ), § 2) 961 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 962 In the event that the mayor and council of the City of Dover desire to collect and levy taxes 963 on newly constructed property not taxed by virtue of the city's annual assessment, the city may 964 enact an ordinance to do so provided that: At the beginning of each quarter of each year, there 965 shall be an increase in the valuation and assessment of all newly constructed real property 966 within the city, locating each parcel of real property by street and number or other description. 967 Property shall be deemed to be newly constructed when the city permits occupancy and use 968 (Certificate of Occupancy) or when new construction is being used or occupied for its intended 969 purpose. The said valuation and assessment shall be made by an assessor or assessors who 970 shall be electedappointed by council in accordance with the provisions set forth in Section 47 of 971 this Charter. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 29 of 37 65

Item 3. 972 The aforementioned assessment shall be during the months of January, April, July, and 973 October of each year. Any new construction with an added value of $25,000 or less shall not be 974 realized until the next annual assessment roll. The property owner may appeal any assessment 975 for new construction in accordance with Section 47 of this Charter. 976 The aforementioned assessment shall be deemed a general assessment for all property 977 with new construction. 978 The council may direct appeals from any general assessment for new construction in 979 accordance with Section 47 of this Charter. 980 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect 981 any assessment made prior to the approval of this section or any tax levied thereunder. 982 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) 983 days of billing and those taxes not paid shall accrue a penalty in the amount of one and one-half 984 (1½) percent per month. For every tax that is not paid as prescribed herein, the tax collector 985 shall have all the powers conferred upon or vested in the Receiver of Taxes and County 986 Treasurer for Kent County. 987 The council shall have the authority to allow errors and delinquents in the assessment. 988 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from 989 time to time be amended, shall be deemed and held to apply to all taxes laid and imposed upon 990 the provisions of this Charter. 77 Del. Laws, c. 130, §22 991 (Amd. of 7-12-2005 (S.B. 126)) 992 Sec. 49B. Realty transfer tax. 993 Notwithstanding any statute to the contrary, the City of Dover shall have the power by 994 ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined 995 by council, upon the transfer of real property within the city not to exceed one and a half 996 percent (1.5%) or as amended by State law of the value of the real property as represented by 997 the document transferring the property. The provisions of Section 5401 and Section 5403 of 998 Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax 999 imposed by the City of Dover pursuant to the authority granted herein. The council of the City 1000 of Dover may adopt an ordinance or ordinances to provide for the effective administration and 1001 regulation of any tax adopted pursuant to the authority conferred herein. If the taxing power 1002 and authority granted herein shall be exercised by way of a stamp affixed to a document, the 1003 recorder of deeds in and for Kent County shall not receive for record documents subject to said 1004 tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax. 1005 77 Del. Laws, c. 130, § 4 1006 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 1007 (Moved from Sec. 3. Employee pension benefit) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 30 of 37 66

Item 3. 1008 Sec. 50. Debt limit. 1009 (a) Whenever the needs of the city shall require more money than is at the time in the city 1010 treasury from current receipts, the council shall be authorized and empowered to 1011 anticipate current revenue by borrowing such sums as shall be needed not in excess of one 1012 (1) percent of the total taxable assessment for a general tax. The amount so borrowed 1013 shall be paid back out of current revenue received thereafter. 1014 To exercise the power aforesaid the council shall adopt a resolution to that effect, which 1015 resolution shall require the affirmative vote of at least three-fourths of all the members of the 1016 council, and the approval of the mayor. The indebtedness created under this section shall be 1017 evidenced by the bond, or note, of the city, and the faith and credit of the city shall be deemed 1018 to be pledged thereby. 1019 (b) The mayor and council is hereby authorized and empowered to borrow from time to time 1020 on the faith and credit of Thethe City of Dover sums of money for such purposes as may be 1021 deemed necessary and proper by the mayor and council of the said city which purpose 1022 shall be consistent with the powers conferred upon the mayor and council of Thethe City 1023 of Dover by the Charter thereof, as amended, for the management and maintenance of 1024 the said city and for these purposes the mayor and council shall have full power and 1025 authority to issue bonds of the said "Thethe City of Dover." 1026 The aggregate of the amounts so borrowed together with all other bonded indebtedness 1027 for which the full faith and credit of the City of Dover has been pledged shall not at any time 1028 exceed a sum equal to 5 percent of the total assessed value of real property situate within the 1029 bounds of the City of Dover as such boundaries shall from time to time appear. 1030 The said bonds shall be issued in one or more series, shall bear such date or dates, shall 1031 mature at such time or times, shall bear interest at such rate or rates, shall be payable at such 1032 time or times, and at such place or places, shall be in such denominations, and shall contain 1033 such other provisions as the mayor and council may provide and shall be set forth in the said 1034 bonds. Said bonds may or may not be coupon bonds and may be registered or otherwise as the 1035 mayor and council deem advisable. 1036 The mayor and council shall direct and effect the preparation and sale of said bonds at 1037 such time or times, at such price or prices, and upon such terms as the said mayor and council 1038 deem advisable, and all the monies arising from the sale of said bonds shall be used for the 1039 municipal purposes of Thethe City of Dover specified in the resolution authorizing their issue. 1040 The form of said bonds and of any coupons which may be thereunto attached shall be as 1041 prescribed by the mayor and council, and all such bonds shall be signed by the mayor and the 1042 treasurer of Thethe City of Dover and sealed with the corporate seal thereof. Facsimile 1043 signatures of the mayor and treasurer and a facsimile of the corporate seal may be imprinted 1044 upon such bonds and any coupons attached to said bonds in lieu of the signatures of the said 1045 mayor and treasurer in their own handwriting and of the affixing of the corporate seal itself. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 31 of 37 67

Item 3. 1046 Said bonds of Thethe City of Dover shall be exempt from all state, county and municipal 1047 taxes. 1048 The mayor and council of Thethe City of Dover are hereby authorized and required to levy 1049 and raise by taxation in each and every year such sums of money as may be required to pay the 1050 interest accrued on said bonds while all or any of said bonds remain unpaid, and the said mayor 1051 and the city council are further authorized and required to levy and raise by taxation, from time 1052 to time such sum or sums of money as shall be needed to establish such sinking funds as the 1053 said mayor and the city council may at their discretion authorize for the redemption of said 1054 bonds, or any of them, at or before their maturity and such sum or sums of money as shall be 1055 required to otherwise redeem any or all of said bonds at or before their maturity. Taxes for 1056 interest and for redemption of said bonds shall be levied and raised as taxes for general 1057 municipal purposes in the said city are levied and raised and shall be in addition to those levied 1058 and raised for any and all other municipal purposes. A statement appearing in the bonds issued 1059 under the provisions of this section to the effect that the bonds have been duly authorized shall 1060 be deemed and held to be conclusive evidence in favor of the lawful holder of any such bonds 1061 that the terms and conditions of this section have been fully met and complied with. 1062 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum 1063 vote, by a resolution of the council which shall have the affirmative vote of three-fourths 1064 of the members thereof and the approval of the mayor, for the following purposes: 1065 (i) To finance capital projects, including, but not limited to, public storm sewers, water 1066 mains, sewer mains, streets and public buildings provided that no more than 1/4 of 1067 one percent (.251%) of taxable assessed value of real property of aggregate principal 1068 amount of general obligation bonds may be issued at any one time pursuant to this 1069 clause and any new bonds issued pursuant to this clause may not cause the total 1070 aggregate principal amount of general obligation bonds outstanding at any one time 1071 to exceed one percent of the total taxable assessment for a general tax at the time 1072 such new bonds are issued; and 1073 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated 1074 maturity, provided that (A) the present value of the aggregate principal and interest 1075 payments of the refunding bonds are not greater than the present value of the 1076 aggregate principal and interest payments on the bonds to be refunded determined 1077 by discounting at the effective interest rate on the refunding bonds, calculated based 1078 on the internal rate of return: and (B) at the time of issuance of the refunding bonds 1079 there are deposited in escrow, pledged to secure the refunded bonds, sufficient 1080 monies and/or direct obligations of, or obligations the principal of and interest on 1081 which are guaranteed by, the United States government, which, without regard to 1082 any reinvestment earnings, will be sufficient to pay when due all interest, principal 1083 and redemption price on the refunded bonds at maturity or upon earlier call for 1084 redemption. Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 32 of 37 68

Item 3. 1085 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the 1086 provisions of subsection (b) shall first be approved by a referendum vote of the qualified 1087 voters (as herein defined) of Thethe City of Dover. Notice of the holding of such 1088 referendum election shall be authorized by resolution of the mayor and council, published 1089 once a week, for at least three (3) consecutive weeks in at least one newspaper circulated 1090 in Thethe City of Dover, Delaware. Such notice shall be set out in summary form the 1091 amount and purposes of such bond issue, the date and place of holding the referendum 1092 election and the hours the polls will be open. 1093 At said referendum election "qualified voter" shall mean every natural person who is a 1094 resident or a nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each 1095 qualified voter shall be eligible to vote and shall have one vote. 1096 The City Assessorcity assessor or his/hertheir designee shall attend the election with the 1097 last city assessment and tax payment records for the inspection of the election officers. The 1098 referendum election shall be held at such date as the mayor and council shall designate. The 1099 referendum election shall be held at such suitable place in said city as the mayor and council 1100 shall designate in said published notice. The polls shall be open from 7:00 a.m. (local time), and 1101 shall close at 8:00 p.m. (local time). The judge of the election shall, in the case of a tie vote on 1102 the bond issue cast the deciding vote, otherwise judge of the election shall refrain from voting, 1103 but the election clerks may vote. 1104 The total votes cast for and the total votes cast against the bond issue shall be certified as 1105 correct by at least two (2) of the election officers and delivered to the mayor, or to the clerk of 1106 councilcity clerk immediately after the total vote count has been certified. 1107 The mayor and council shall at the next regular meeting after the election, or at a special 1108 meeting, receive the results of the referendum election and make the same a part of the 1109 minutes of said meeting, whereupon if a majority of the votes cast were for the bond issue 1110 bonds herein provided for may be issued and sold as provided in subsection (b), but if at such 1111 referendum election the majority of the votes cast were against the bond issue, then no bonds 1112 shall be issued nor shall any money be borrowed pursuant to the resolution submitted to the 1113 referendum. 1114 (e) In addition to the power otherwise granted in this section, the mayor and council may 1115 issue special assessment revenue bonds to finance those public projects for which the city 1116 may levy and collect special assessments pursuant to Section 28 of this Charter. Such 1117 bonds shall not obligate the faith and credit of the city, but shall be payable solely from the 1118 proceeds of the special assessments which are pledged to the payment thereof. Such 1119 bonds shall be authorized without a referendum vote by a resolution of the council which 1120 shall have the affirmative vote of three-fourths of the members thereof and the approval 1121 of the mayor. 1122 (f) After authorization of the sale of bonds as provided in this section and in anticipation of 1123 the sale and issuance of said bonds, the mayor and council may borrow money and issue 1124 notes of the city for the purpose and to the extent of the amount of bonds authorized to Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 33 of 37 69

Item 3. 1125 be sold, less the amount of any bonds theretofore issued under such authority. The said 1126 borrowing shall be authorized by a resolution of the council which shall have the 1127 affirmative vote of three-fourths of the members thereof and the approval of the mayor, 1128 and the note or notes thereby authorized shall be signed by the mayor and treasurer of 1129 the city. When issued and signed in accordance with this subsection (f), the faith and credit 1130 of the city shall be deemed to be pledged for the repayment of all said notes, except those 1131 issued pursuant to subsection (e) hereof. 1132 The note or notes issued in anticipation of a bond issue may be renewed from time to 1133 time, but the proceeds of the sale of such bonds shall, to the extent necessary, be first used to 1134 pay and retire such notes. Said notes may be redeemed at par and accrued interest at any time 1135 prior to their maturity if the right so to do shall have been reserved. 1136 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which 1137 have been refunded pursuant to subsection (c)(ii) shall be treated as no longer 1138 outstanding; and (ii) bonded indebtedness, principal amount of bonds and bonds 1139 outstanding shall be determined without regard to original issue discount. 77 Del. Laws, c. 1140 130, § 23; 78 Del. Laws, c. 225, § 1 1141 (h) Any and all provisions of this Section 50 and any other section of this Charter limiting the 1142 amounts of indebtedness to be incurred or taxes to be levied or collected by the council 1143 shall not apply to any indebtedness incurred or any special ad valorem taxes, special taxes, 1144 or ad valorem taxes levied or collected pursuant to or in connection with Chapter 17 or 1145 Chapter 18 of Title 22 of the Delaware Code. 1146 (Amend. of 7-12-2005 (S.B. 126); Amend. of 7-12-2007 (S.B. 146), §§ 1, 2, Amd. of 7-8-2009 1147 (S.B. 165, § 23); Res. No. 2012-02 (S.B. 173), 1-23-2012; Amd. of 5-16-2017 ( H.B. 116 ), § 3) 1148 Editor's note(s)—It should be noted that Charter Resolution No. 2012-02 (Senate Bill No. 173) 1149 was approved by the Delaware General Assembly and was signed by said Assembly on 1150 April 19, 2012. 1151 ARTICLE V. MISCELLANEOUS PROVISIONS 1152 Sec. 51. Trees. 1153 Trees being among the chief beauties of the city, and their preservation requiring that they 1154 be treated with special care and intelligence, the city manager is empowered to appropriate 1155 annually an amount of money adequate for their care and preservation. The City Managercity 1156 manager may be given authority to take necessary or appropriate action to prevent injuries to 1157 trees from electric wires or from any other source or cause whatsoever, and to combat the 1158 pests and diseases to which they are subject, and when necessary to employ tree experts 1159 provided that they do not exceed the appropriation made by the council. 1160 (Amd. of 7-12-2005 (S.B. 126)) Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 34 of 37 70

Item 3. 1161 Sec. 52. 1162 This section intentionally left blank. 1163 Sec. 53. Police; mayor to be conservator of peace. 1164 There shall be a city police force, the number thereof and their salaries shall be 1165 determined by the council, but they shall be chosen and appointed by the mayor. The mayor is 1166 hereby vested with all the powers of a conservator of the peace within the city limits. The 1167 Mayormayor shall appoint a Chief of Policechief of police, subject to confirmation by City 1168 Council and removal at any time by the Mayormayor, with the affirmative vote of two-thirds of 1169 the members elected to city council, and in accordance with applicable laws. The members of 1170 the police force shall be subject to his/her direction and orders delivered through the proper 1171 chain of command and in accordance with applicable laws and ordinances. They shall preserve 1172 peace and order, and compel obedience within the city limits to the ordinances of the city and 1173 the laws of the state. They shall have such other duties as the council and the mayor shall 1174 prescribe by ordinance. 1175 Each member of the police force shall be vested with all the power and authority within 1176 the city limits and within one mile outside of said limits, (and, in the case of the pursuit of an 1177 offender, without limit) of a constable of Kent County. 1178 (Amd. of 7-12-2005 (S.B. 126)) 1179 Sec. 54. City solicitor. 1180 At the annual meeting the council shall elect aThe city solicitor shall be appointed by a 1181 majority vote of the city council to hold office for the term of one year or until his/hertheir 1182 successor has been duly chosen and qualified. 1183 The city solicitor may be removed during his/hertheir term by a vote of three-fourths of 1184 the members elected to the council. 1185 The city solicitor shall be an attorney at law who shall have practiced in the State of 1186 Delaware for at least five (5) years. The Citycity solicitor shall be the chief legal adviser of and 1187 attorney for the city. It shall be his/herthe city solicitor’s duty, either personally or by such 1188 assistants as they may designate, to attend meetings of the council; to give advice in writing, 1189 when so requested, to the council or the city manager; to prosecute or defend, as the case may 1190 be, all suits or cases to which the city may be a party; to prosecute for all offenses against the 1191 ordinances of the city and for such offenses against the laws of the state as may be required of 1192 him/herthem by law; to prepare all contracts, bonds and other instruments in writing in which 1193 the city is concerned, and to endorse on each his/hertheir approval of the form and correctness 1194 thereof; and to perform such other duties of a legal nature as the council may by ordinance 1195 require. In addition to the duties imposed upon the solicitor by this Charter or required of Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 35 of 37 71

Item 3. 1196 him/herthe solicitor by ordinance or resolution of the council he/shethey shall perform any 1197 duties imposed upon the chief legal officers of municipalities by law. 1198 At the annual meeting the council shall elect aThe deputy city solicitor shall be appointed 1199 by a majority vote of the city council to hold office for the term of one year or until his/hertheir 1200 successor has been duly chosen and qualified. The deputy city solicitor may be removed during 1201 their term by a vote of three-fourths of the members elected to the council. The deputy city 1202 solicitor shall be an attorney-at-law entitled to practice law in the State of Delaware, and shall 1203 serve in such manner as shall be determined by the city solicitor to be necessary and proper. 1204 (Amd. of 7-12-2005 (S.B. 126)) 1205 Sec. 55. Printed copies of ordinances and resolutions to be proper evidence. 1206 Printed copies of the ordinances and resolutions of the City Council of Dover, published by 1207 authority of the council, shall be admitted as evidence thereof in all courts, and in pleading it 1208 shall not be necessary to recite or draw them out at largeat-large. 1209 (Amd. of 7-12-2005 (S.B. 126)) 1210 Sec. 56. Repeal of prior acts. 1211 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter 1212 are hereby repealed. 1213 (Amd. of 7-12-2005 (S.B. 126)) 1214 Sec. 57. Severability. 1215 If any part of this Charter, as it may from time to time be amended, are held to be 1216 unconstitutional, such holding shall not be deemed to invalidate the remaining portions of this 1217 Charter or amendments thereto. 1218 (Amd. of 7-12-2005 (S.B. 126)) 1219 Approved March 23,1931. 1220 State law reference(s)—36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. 1221 Laws, c. 152; 38 Del. Laws, c. 99; 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 1222 275; 46 Del. Laws, c. 283; 47 Del. Laws, c. 219; 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 1223 Del. Laws, c. 330; 48 Del. Laws, c. 323; 48 Del. Laws, c. 334; 48 Del. Laws, c. 336; 49 Del. 1224 Laws, c. 314; 49 Del. Laws, c. 318; 51 Del. Laws, c. 92; 51 Del. Laws, c. 93; 52 Del. Laws, c. 1225 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del. Laws, c. 165; 56 Del. Laws, c. 49; 59 1226 Del. Laws, c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del. Laws, c. 311; 60 Del. 1227 Laws, c. 456; 61 Del. Laws, c. 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del. Laws, c. 1228 143; 65 Del. Laws, c. 28; 65 Del. Laws, c. 479; 66 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 36 of 37 72

Item 3. 1229 Del. Laws, c. 361; 66 Del. Laws, c. 365; 67 Del. Laws, c. 7; 68 Del. Laws, c. 16; 68 Del. Laws, 1230 c. 18; 68 Del. Laws, c. 20; 68 Del. Laws, c. 339; 69 Del. Laws, c. 09; 69 Del. Laws, c. 31; 71 1231 Del. Laws, c. 64; 72 Del. Laws, c. 277; 73 Del. Laws, c. 114; 73 Del. Laws, c. 284; 75 Del. 1232 Laws, c. 175; 76 Del. Laws, c. 119; 77 Del. Laws, c. 130; 78 Del. Laws, c. 213; 78 Del. Laws, c. 1233 217; 78 Del. Laws, c. 225, § 1; 79 Del. Laws, c. 105, § 1; 79 Del. Laws, c. 106, § 1 1234 Created: 2021-11-01 13:18:39 [EST] (Supp. No. 35, Update 1) Page 37 of 37 73