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City Council Meetings. 14 septanm 2009.

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EXHIBIT #1 Regular Council Meeting of 09/14/2009 City of Dover Effective September 1August 24, 2009 Electric Tariffs Net Energy Metering “NM” AVAILABILITY This rider is available to customers served under the following service classifications, Residential “R”, Small Commercial “C and C1”, Medium Commercial “C2 and C3", Large Commercial “C5", Primary “P”, and Transmission “T” who own and operate an electric generation facility on the Customer’s premises. The primary intent of this installation is to offset part or all of the Customer’s electricity requirements. Capacity cannot be more than 25 kW for residential customers, 100 kW for farms (subject to rules of Delaware Code – Title 26, Chapter 10, Subsection 1014 (d) (1.) (b.)), and 500 kW for non-residential customers. The primary source of fuel must be solar, wind, hydro, or another approved source of renewable energy. This rider is applicable to generation interconnected and operated in parallel with the City of Dover’s transmission and/or distribution facilities. Application for the installation of any generation system in excess of 500 kilowatts shall be made under a special contract. Any customer who elects this rider must apply by filling out the City of Dover Generator Interconnection Application at least 60 days in advance of the proposed activation date. Approval of the application by the City must be granted prior to activation of the electric generation facility. CONNECTION TO THE CITY’S SYSTEM The electric generation system cannot be connected to the City’s system unless it meets all applicable safety and performance standards set forth by the following: The City of Dover Technical Considerations Covering Parallel Operations of Customer Owned Generation of 500 kW or less dated July 1, 2008, National Electric Code, the Institute of Electrical and Electronic Engineers, Underwriters Laboratories, and the City of Dover Electric Service Handbook. The Customer must, at his/her expense, obtain any and all necessary permits, inspections, and approvals required by any local public authorities and any other governing regulations in effect at that time. DELIVERED VOLTAGE The delivered voltage and delivery point of the Customer’s electric generation shall be at the same delivered voltage and delivery point that would be supplied by the City if the Customer purchased all of its electricity from the City. CONTRACT TERM The contract term shall be the same as the Customer’s applicable rate tariff. RATE The monthly billing shall be as stated in the applicable rate tariff. Under this rider, only the kWh charge for electricity delivered by the Customer is affected. The Customer will pay for all kWh delivered by the City of Dover. If the Customer has delivered electricity to the City’s system a credit will be issued equal to the City’s current kWh rate for that particular class of customer (equal to the Delivery Service Charges and Supply Service Charges). This credit will be applied to subsequent billing periods to offset a customer’s consumption (City delivered kWh) in those billing periods until all credits are used or until the end of a twelve month period the calendar year. After a 12 month period ending either on December 31 or July 31, to be chosen at the discretion of the customer, any excess kWh credits shall be forfeited to the City for use solely to augment existing funding for the Green Energy Fund. The payment to the Green Energy Fund shall be equal to the avoided cost of wholesale power. At the end of the calendar year the Customer may request a payment for any excess kWh credit. Any excess kWh credits from the customer shall not reduce any fixed monthly customer charges, taxes or other components of the electric bill imposed by the City.

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City of Dover Effective September 1August 24, 2009 Electric Tariffs METERING A bi-directional watt-hour electric meter will be installed at the Customer’s location to measure the energy consumed and the energy delivered to the City system. The City will furnish, install, maintain, and own all bi- directional revenue meters. However, where a large capacity meter is required to serve a customer, or a larger capacity meter is requested by the customer, the customer shall pay the City the difference between the larger capacity meter and the meter normally provided under the customer’s applicable rate tariff. Cost will be determined under the Additional Costs and Responsibilities clause below. ADDITIONAL COSTS AND RESPONSIBILITIES The customer will be required to pay for any additional transmission and distribution costs, transformation, system protection, and any related safety/protective equipment in excess of what would normally be paid for by the City. Protective equipment will be installed by the Customer to provide safety for personnel, provide adequate protection for the City’s electric utility system and to the Customer’s property, and to prevent any interference with the City’s supply of energy to other utility customers. This equipment will be owned, installed, and maintained by the Customer. FAILURE TO COMPLY The City may disconnect the Customers service from the City’s electric system if the Customer fails to comply with any of the stipulations of this rider, The Technical Considerations Covering Parallel Operations of Customer Owned Generation of 500 kW or Less dated July 1, 2008, National Electric Code, the Institute of Electrical and Electronic Engineers, Underwriters Laboratories, the Generator Interconnection Application and the City of Dover Electric Service Handbook. RULES AND REGULATIONS The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification. All minimum billings, charges for kWh, kW, Purchased Power Adjustment, Public Utility Tax, Renewal Energy Charge, etc. will be covered under the applicable rate tariff. ADOPTED: May 12, 2008 August 24, 2009

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EXHIBIT #2 Regular Council Meeting of 09/14/2009

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EXHIBIT #3 Regular Council Meeting of 09/14/2009

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EXHIBIT #4 South Bradford Street Regular Council Meeting of 09/14/2009 Hope Street to Wyoming Avenue On-street Parking HOPE IN ACK KAR SAC GOVERNORS DOVER STATE SUNSET GOODEN PINE WAPLES BRADFORD MONROE K U S PAR LOT MORRIS WYOMING AVE WYOMING September 11, 2009 0 210 420 840 Feet 1:30 PM ¯ Legend Car Parked On-Street

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South Bradford Street Hope Street to Wyoming Avenue On-street Parking HOPE C KIN K ARA SAC GOVERNORS DOVER STATE SUNSET GOODEN PINE WAPLES BRADFORD MONROE K US PAR L OT MORRIS WYOMING AVE WYOMING September 14, 2009 0 210 420 840 Feet 10:00 AM ¯ Legend Car Parked On-Street

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South Bradford Street Hope Street to Wyoming Avenue On-street Parking HOPE IN ACK KAR SAC GOVERNORS DOVER STATE SUNSET GOODEN PINE WAPLES BRADFORD MONROE K U S PAR LOT MORRIS WYOMING AVE WYOMING September 14, 2009 0 210 420 840 Feet 3:00 PM ¯ Legend Car Parked On-Street

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EXHIBIT #5 Regular Council Meeting of 09/14/2009 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $5,942,481 WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN WASTEWATER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH WHEREAS, the City of Dover (the “City”) is authorized pursuant to Volume 52, Delaware Laws, Chapter 111, as amended by Volume 57, Delaware Laws Chapter 340, Volume 36 Delaware Laws, Chapter 158, as amended, and the City Charter (collectively the “Enabling Acts”) to issue revenue bonds for the purpose of financing the extension, reconstruction or improvements to the City’s water, sewer and electric systems; WHEREAS, pursuant to the Enabling Acts, the City adopted a Bond Resolution on February 27, 1989 (the “Bond Resolution”) providing for the issuance of water and sewer revenue bonds and pursuant to the Bond Resolution the City has issued and there remains outstanding its $7,980,000 Water and Sewer Revenue Bonds, Series 2003 (the “Outstanding Bonds”); WHEREAS, the City desires to issue additional revenue bonds pursuant to the Bond Resolution on a parity with the Outstanding Bonds; WHEREAS, the City has approved certain capital improvements to its Water and Sewer Systems and desires to issue its additional parity revenue bonds pursuant to the Bond Resolution and to pay the costs of said improvements, including, but not limited to the following: 1. Route 13 Sanitary Sewer Interceptor 2. Fox Hall/Retreat Force Main Rerouting 3. Acorn Lane Pump Station Replacement #24 4. Delaware State University Pump Station #18 5. Inflow/Infiltration Removal/Sewer Main Relining (the “Projects”). NOW THEREFORE THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN): Section 1. Amount and Purpose of the Bonds. Acting pursuant to the Enabling Acts, and the Bond Resolution the City shall issue its negotiable obligations in the maximum aggregate principal amount not to exceed $5,942,481 to finance or refinance a portion of the cost of the construction and equipping of the Projects, an estimate of which is appended hereto as Exhibit A. The monies raised from the sale of the Bonds (including the investment earnings thereon) after the payment of the costs of issuance, shall be expended only for the purposes authorized herein or as may otherwise be authorized by subsequent action by City Council. Authorized purposes include the costs of planning, constructing, acquiring and equipping the Projects or any portion thereof; interest on the Bonds and any interim financing during the construction period and for a period of up to one year following the estimated date of completion; the costs of DMEAST #11694279 v1

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issuance of the Bonds and any interim financing; the repayment of temporary loans incurred with respect to the Projects; and the reimbursement of authorized costs previously expended by the City from other funds. Section 2. Terms of the Bonds. The Bonds shall be sold to the Delaware Water Pollution Control Revolving Fund (the “SRF Fund”) administered by the State of Delaware Department of Natural Resources and Environmental Control pursuant to the terms of its commitment letter dated August 25, 2009 (the “Commitment Letter”), a copy of which is appended hereto as Exhibit B, and the other terms and conditions to be contained in a Financing Agreement between the City and the SRF Fund (the “Financing Agreement”). It is anticipated that the interest rate on the loan shall be 2.0% if the Projects are under contract or in construction by December 30, 2009. Otherwise, the interest rate for the Loan will be based on the SRF Fund Interest Rate Policy. Section 3. Security for the Bonds. The principal, interest and premium, if any, on the Bonds shall be payable solely from the City’s Net Operating Revenue which is hereby pledged to secure the Bonds on a parity with the Outstanding Bonds. The full faith and credit of the City shall not be pledged to pay principal and interest on the Bonds. Section 4. Rate Covenant. The City covenants that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time revise such rates, fees and other charges so that in each Fiscal year the Net Operating Revenue available to pay debt service on the Bonds will equal at least the principal and interest requirements for the Bonds. If, for any reason, the revenues are insufficient to satisfy the foregoing covenant, the City shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its Operating Expenses so as to provide sufficient Net Operating Revenue to satisfy such requirement. Section 5. Details of the Bonds. The Mayor and City Treasurer are authorized to determine the details of the Bonds including the following: the date or dates of the Bonds; provisions for either serial or term bonds; sinking fund or other reserve fund requirements; due dates of the interest thereon; the form of the Bonds; the denominations and designations of the Bonds; registration, conversion and transfer provisions; provisions for the receipt, deposit and investment of the proceeds of the Bonds; provisions for the replacement of a lost, stolen, mutilated or destroyed Bonds; and provisions for issuing uncertificated obligations and all procedures appropriate for the establishment of a system of issuing uncertificated debt. The Bonds shall be executed by the manual or facsimile signature of the Mayor and City Treasurer, shall contain an impression of the City Seal of a facsimile thereof and shall be attested by the manual signature of the City Clerk. Section 6. Further Action. The Mayor, the President of the City Council, the City Treasurer, the City Manager and the City Clerk are authorized and directed to take such other action on behalf of the City, as may be necessary or desirable to effect the adoption of this Resolution and the issuance and sale of the Bonds and to provide for their security and to carry out the intent of this Resolution, including the publication of notices and advertisements and the execution and delivery of customary closing certificates. DMEAST #11694279 v1 2

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Section 7. Effective Date. This Resolution shall become effective immediately upon its passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a notice in substantially the following form: “NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware on __________, 2009 pursuant to Chapter 111, Volume 52, Delaware Laws, as amended, adopted a resolution entitled as follows: “RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $5,942,481 WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN WASTEWATER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH” “The purpose of the issuance and sale of said bonds is to provide funds (approximately $5,942,481) to pay a portion of the costs of certain projects including, but not limited to: (1) Route 13 Sanitary Sewer Interceptor; (2) Fox Hall/Retreat Force Main Rerouting; (3) Acorn Lane Pump Station Replacement #24; (4) Delaware State University Pump Station #18; (5) Inflow/Infiltration Removal/Sewer Main Relining. “Any action or proceeding to contest the validity of said resolution or any of its provisions must be commenced within thirty (30) days after publication of this notice. After expiration of such period of limitation, no right of action or defense founded upon the invalidity of said resolution or any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions be open to question in any court upon any ground whatsoever, except in an action or proceeding commenced within such period.” By order of the City Council of the City of Dover. City Clerk ADOPTED this __th day of _______, 2009. CITY OF DOVER, DELAWARE Attest: Clerk, Dover City Council President, Dover City Council APPROVED by the Mayor of the City of Dover on the __ day of ________, 2009. Mayor DMEAST #11694279 v1 3

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Exhibit A Estimated Costs of Projects Project # Description Project Estimate WW0810 Route 13 Sanitary Sewer Interceptor $3,362,481 WW0905 Fox Hall/Retreat Force Main Rerouting 107,200 WW0907 Acorn Lane Pump Station Replacement #24 336,400 WW0902 Delaware State University Pump Station #18 336,400 WW0903 Inflow/Infiltration Removal/Sewer Main Relining 1,800,000 Total Project Estimates $5,942,481 DMEAST #11694279 v1 4

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Exhibit B Commitment Letter DMEAST #11694279 v1 5

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DMEAST #11694279 v1 6

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DMEAST #11694279 v1 7

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