Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA JULY 13, 2015 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. AGENDA ADDITIONS/DELETIONS 1. FISCAL YEAR 2014/15 EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM - POLICE VEHICLE COMPUTER/VIDEO TECHNOLOGY UPGRADES & SORT FIREARMS (STAFF RECOMMENDS APPROVAL OF THE GRANT PROJECT, AS REQUESTED) 2. DISPOSAL OF EXCESS PROPERTY - SILVER LAKE DRIVE (EAST LAKE GARDENS) (STAFF RECOMMENDS THE FOLLOWING: 1. DETERMINE THAT THE PROPERTY IS EXCESS PROPERTY; 2. AUTHORIZE THE CITY MANAGER TO CONVEY THE EXCESS PROPERTY IN ACCORDANCE WITH EXCEPTION C OF THE PROCEDURES FOR SALE AND DISPOSITION OF REAL PROPERTY.) 3. TIMELINE FOR REVIEW OF FISCAL YEAR 2016/17 BUDGET (DEFERRED DURING THE MEETING OF JUNE 22, 2015) 4. PROPOSED AMENDMENTS TO THE CITY OF DOVER CODE OF ORDINANCES - CHAPTER 2 - A DMINISTRATION , A RTICLE IV - O FFICERS AND E MPLOYEES , D IVISION 4 - CONTROLLER/TREASURER AND DIVISION 5 - CITY CLERK; CHAPTER 54 - HEALTH AND SANITATION, ARTICLE I - IN GENERAL, SECTION 54-1 - HEALTH INSPECTOR GENERALLY; CHAPTER 82 - PLANNING, SECTION 82-2 - CITY PLANNER; AND CHAPTER 102 - TAXATION, ARTICLE I - IN GENERAL, SECTION 102-3 - ADMINISTRATIVE REPORTING. (TO MOVE DEPARTMENT REPORTING UNDER THE DIRECTION OF THE CITY MANAGER IN ACCORDANCE WITH COUNCIL ACTION OF MARCH 23, 2015 AND TO REMOVE ANNUAL APPOINTMENT REQUIREMENTS.) (STAFF RECOMMENDS DIRECTING THE CITY CLERK TO PREPARE THE NECESSARY ORDINANCE AMENDMENTS FOR PRESENTATION TO CITY COUNCIL/FIRST READING) 5. PROPOSED AMENDMENTS TO THE CITY OF DOVER CHARTER 6. ADJOURNMENT BY 7:00 P.M. /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2015\07-13-2015 LF&A.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative and Finance Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 6/15/15 PREPARED BY: Captain Timothy Stump / Administrative Division Commander FY15 Edward Byrne Justice Assistance Grant Program – SUBJECT: Police Vehicle Computer/Video Technology Upgrades & SORT Firearms REFERENCE: Annual Recurring Grant Funding RELATED PROJECT: N/A APPROVALS: City Manager, Controller/Treasurer EXHIBITS: None EXPENDITURE REQUIRED: $51,549.00 PROJECT BUDGET: $108,549 USDOJ Grant (as noted above) FUNDING SOURCE (Dept./Page in CIP & Budget): Computer Equipment Budget (20-38) TIMETABLE: The grant should be awarded in August or September. Once received and accepted, the items will be ordered. RECOMMENDED ACTION: Approve the grant project as requested. BACKGROUND The Dover Police Department recently received its annual allocation from the Office of Justice Programs (OJP) for the 2015 Justice Assistance Grant (JAG). Similar to previous years, Dover Police Department was identified as a disparate funding agency along with Kent County because there is no law enforcement function at the county level, unlike Newcastle County in northern Delaware. The disparate condition above requires the submission of a joint grant application for the two agencies. Although no funds were designated for Kent County in the allocation document, a Memorandum of Understanding will be completed and signed by both agencies which will state that Kent County will waive any claim to the funding on this grant. The Dover Police Department intends to upgrade/replace nine additional vehicle computer/video systems. Grant funding will be combined with $54,000 budgeted for the mobile data computer (MDC) portion of the system for this purchase. These systems will be purchased for the nine new vehicles that will be coming on line during FY16. The vendor for the purchase will be COBAN and was approved as a sole vendor last year since grant funds were used for the same purpose last year. This brand of equipment is the current brand being used by the State Police and other agencies throughout the state. In addition, a portion of the funds will also be used to replace three shotguns and night scopes for the department’s Special Operations Response Team (SORT). The old weapons they are replacing are over 20 years old. The purchase will be awarded to state contract vendor that is an authorized gun dealer. ACTION REQUESTED The Legislative and Finance Committee and Council approve the receipt of this grant and the purchases identified.

Department Grant Application Analysis Form For Use in Evaluating Grant Opportunities General Information Department: Police Staff Contact: Capt Stump Grant/Project Title: FY15 Byrne Memorial Justice Assistance Grant (JAG) Brief Grant/Project Description: Recurring formula based Federal grant program which provides funding for various Law Enforcement programs. This grant is a joint grant with Kent County, but no funds will be allocated to Kent County, since they have no Law Enforcement element in their structure. Funds will be used for the purchase of nine vehicle computer/video systems and three SORT shotguns and night scopes. Application Information Due Date: 6/22/15 New Related Grants: Recurring Previous years’ grants Anticipated Award Date: 8/1/14 Anticipated Notification Date: 8/1/15 Start Date: 8/1/14 End Date: 12/31/16 Award Amount: $51,549.00 Cash Reimbursement Approx. reimbursement turn-a-around time 1-2 weeks Council Approval Needed: Yes No Which apply? Match amount (Council approval is needed for grant projects > $25,000, when match amounts Project shortage equal or exceed $25,000, or when expressly required by the granting authority.) Other grant requirement Grant/Project Costs Match Budget Category Award Amt Match Amt Source Contractual 0.00 0.00 Equipment/Supplies 51,549.00 $0.00 Not Applicable Indirect Cost (ie, vehicle repairs, mileage, IT, 0.00 0.00 telephone) Personnel 0.00 0.00 Additional Personnel/Over-time (ie, support costs, 0.00 0.00 administrative salaries) Travel/Training 0.00 0.00 Capital Voicemail System 0.00 0.00 Other (ie, informant/buy money) 0.00 0.00 Total $51,549.00 $ 0.00 GRANT TOTAL $51,549.00 Award + Match

Department Grant Application Analysis Form For Use in Evaluating Grant Opportunities Other Information 1. Are any of this project’s costs included in the City budget? Yes, currently the Dover Police Department has $54,000 programmed in its computer budget for the replacement of mobile computers in the vehicles. These funds will be combined with the grant funds to purchase nine systems. 2. Are there any long-term costs or commitments? Maintenance costs for the systems will be picked up by the department budget after the end of the five year warranty period. 3. How will this program/project be funded after the grant expires? Not Applicable. 4. What is the maximum amount of funds available from this funding source? The amounts shown on the preceding table are the maximum amounts available. 5. If the Department receives only a portion of the amount requested, how will the project be funded? The funds are explicitly authorized for Dover PD’s use, so the full amount will be available. 6. Are there other departments in the City eligible for this funding? No. 7. Are other departments in the City willing to collaborate on this project? Not Applicable. 8. Will this project duplicate or compete with other services or programs provided by the City or other local agency? No.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: July 2, 2015 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Disposal of excess property – Silver Lake Drive (East Lake Gardens) REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Scott D. Koenig, P.E., City Manager; Donna Mitchell, Controller EXHIBITS: Attachment A: Copy of Real Property Tax Map (East Lake Gardens); Attachment B: Copy of property survey for 107 Silver Lake Drive; Attachment C: Letter Received on March 19, 2015; Attachment D: Letter Received on September 30, 2014. Attachment E: Proposed Procedure for Sale and Disposition of Real Property. EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: N/A RECOMMENDED ACTION: 1. Determine that the property is excess property. 2. Authorize the City Manager to convey the excess property in accordance with Exception C of the Procedures for Sale and Disposition of Real Property. BACKGROUND AND ANALYSIS The City Manager’s Office has received a request to abandon a certain portion of right-of-way adjacent to property owned by Bruce & Della Parham at 107 Silver Lake Drive in the East Lake Gardens Subdivision. Mr. and Mrs. Parham wish to make various improvements to their property and would like to take ownership of an irregular piece of right-of-way adjacent to their property. Attachment A shows the real property tax map for the subdivision and outlines the varying width right-of-way for Silver Lake Drive. The right-of-way adjacent to 107 Silver Lake Drive is 85 feet wide; where as other rights-of-way in the subdivision are only approximately 50 feet wide. Attachment B shows that approximately thirty-nine (39) of the eighty-five (85) feet is unimproved. Mr. & Mrs. Parham are currently maintaining this area adjacent to their property. The City of Dover has no plans to further improve or enhance this right-of-way. The excess right-of-way is not large enough to create a buildable lot in this subdivision; therefore, the City Manager recommends that the excess property described above be conveyed to the abutting property owner in accordance with Exception C of the Procedures for Sale and Disposition of Real Property. All costs to survey the land and prepare a deed for the transfer of the areas shall be the sole responsibility of Mr. & Mrs. Parham.

Attachment C

Attachment D

Attachment E

Attachment E

Attachment E

Attachment E

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 07/13/15 DEPARTMENT OF ORIGIN: City Clerk’s Office DATE SUBMITTED: 07/09/2015 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of City Council SUBJECT: Proposed Code Amendments related to City Council action of March 23, 2015 which was: To maintain a full time mayor and that all departments, excluding the City Clerk’s Office and the Finance Department, will report to the City Manager who is appointed by and will report to City Council. EXHIBITS: TIMETABLE: Recommendations to City Council on July 27, 2015 RECOMMENDED ACTION: To direct the City Clerk to prepare the necessary Ordinance Amendments for presentation to City Council/First Reading. BACKGROUND AND ANALYSIS During the Regular Council meeting of March 23, 2015, City Council adopted a motion “to maintain a full time mayor and that all departments, excluding the City Clerk's Office and the Finance Department, will report to the City Manager who is appointed by and will report to City Council”. The proposed ordinance amendments will change the selection and/or reporting of the City Planner and the City Assessor to the City Manager. The Economic Development Office is not referenced in either the City of Dover Charter or the Dover Code of Ordinances. City Council's motion of March 23, 2015 effectively moved the Economic Development Office from the Mayor to the City Manager. Charter amendments will be necessary to complete the transfer of the City Assessor and the Police Department to the City Manager. Additionally, the proposed amendments remove the requirement for the annual reappointment of these positions. /tm S:\CAFS\07-13-2015 LF&A - Code Amendments- City Reorganization CAF.wpd

1 CHAPTER 2 - ADMINISTRATION, ARTICLE IV - OFFICERS AND EMPLOYEES 2 DIVISION 4. - CONTROLLER/TREASURER 3 4 Sec. 2-261. - Appointment. 5 6 There shall be a controller/treasurer selected by the city council at its annual meeting. The 7 controller/treasurer shall be directly responsible to the mayor and council. 8 9 (Code 1981, § 2-136; Ord. of 3-12-2001; Ord. No. 2009-23, 10-26-2009) 10 11 Charter reference— Treasurer and financial affairs, subpart A, §§ 42—50. 12 13 14 DIVISION 5. - CITY CLERK 15 16 Sec. 2-281. - Appointment. 17 18 There shall be a city clerk selected by the city council at its annual meeting, and such person shall 19 serve as the clerk of the city council. The city clerk shall be directly responsible to the mayor 20 and council. 21 22 Charter reference— City clerk, subpart A, §§ 16, 49. 23 (Code 1981, § 2-116; Ord. of 3-12-2001) 24 CHAPTER 54 - HEALTH AND SANITATION, ARTICLE I - IN GENERAL 25 Sec. 54-1. - Health inspector generally. 26 27 (a) Created; selection. There is hereby created the position of health inspector. The director of 28 planning and inspections shall serve as the health inspector who shall be selected by the city 29 manager and confirmed by city council and shall serve at its pleasure. 30 (b) Duties. The health inspector shall: 31 32 (1) Order compliance with the health provisions of this Code and state law. 33 34 (2) Be authorized to have the chief of police cause the police force to execute his/her 35 orders. 36 37 (3) Provide for the protection of the health of the population within the city limits and 38 one mile thereof by preventing and controlling the introduction and spread of 39 infectious or contagious diseases or nuisances. 40 41 (c) Compliance. The disregard of any order given by the health inspector shall be a nuisance and 42 unlawful. 43 44 (Code 1968, §§ 16-1, 16-3, 2-70; Code 1981, § 9-1)

45 CHAPTER 82 - PLANNING 46 Sec. 82-2. - City planner. 47 48 There is hereby established the office of city planner who shall be selected by the city manager and 49 confirmed by city council at its annual meeting and employed at the pleasure of mayor and 50 council. The city planner shall be directly responsible to the mayor and council city manager. 51 52 (Code 1968, § 2-68; Ord. of 10-12-1970; Code 1981, § 17-2; Ord. of 1-9-2006; Ord. of 53 7-24-2006(1); Ord. No. 2009-24, 11-9-2009) 54 CHAPTER 102 - TAXATION, ARTICLE I. - IN GENERAL 55 Sec. 102-3. - Administrative reporting. 56 57 The city assessor shall be selected in accordance with the City Charter, and shall be directly 58 responsible to the mayor and council. The city assessor shall function under the administration 59 of the city manager. 60 61 (Note: A Charter Amendment will be necessary to transfer selection of the city assessor from the City 62 Council to the City Manager.) 63 64 (Ord. of 7-24-2006(2); Ord. No. 2009-25, 11-9-2009) 65 ECONOMIC DEVELOPMENT 66 The Economic Development Office is not referenced in either the City of Dover Charter nor the Dover Code 67 of Ordinances. City Council’s motion of March 23, 2015 to have all departments, excluding the City Clerk’s 68 Office and the Finance Department, report to the City Manager effectively moved the Economic 69 Development Office from the Mayor to the City Manager.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 07/13/15 DEPARTMENT OF ORIGIN: City Clerk’s Office DATE SUBMITTED: 07/10/2015 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of City Council SUBJECT: Proposed Charter Amendments EXHIBITS: TIMETABLE: RECOMMENDED ACTION: To direct the City Clerk to prepare the necessary Charter Amendments for presentation to City Council. BACKGROUND AND ANALYSIS During the Regular Council meeting of March 23, 2015, City Council adopted a motion “to maintain a full time mayor and that all departments, excluding the City Clerk's Office and the Finance Department, will report to the City Manager who is appointed by and will report to City Council”. The proposed charter amendments will change the selection and/or reporting of the Chief of Police and the City Assessor to the City Manager. The Economic Development Office is not referenced in either the City of Dover Charter or the Dover Code of Ordinances. City Council's motion of March 23, 2015 effectively moved the Economic Development Office from the Mayor to the City Manager. Additional amendments throughout the charter are also included for review. /tm S:\CAFS\07-13-2015 LF&A - Charter Amendments- City Reorganization CAF.wpd

1 Subpart A - CHARTER 2 PREAMBLE [3] 3 We the people of the City of Dover, under the constitution and laws of the state of Delaware, 4 in order to secure the benefits of local self-government and to provide for an honest and accountable 5 council-manager government, do hereby adopt this charter and confer upon the city the following 6 powers, subject to the following restrictions, and prescribed by the following procedures and 7 governmental structure. By this action, we secure the benefits of home rule and affirm the values 8 of representative democracy, professional management, strong political leadership, citizen 9 participation, and regional cooperation. 10 FOOTNOTE(S): 11 --- (2) --- 12 Editor's note—Senate Bill 126, adopted July 12, 2005, amended this Charter in its entirety and 13 enacted similar provisions as set out herein. The former Charter derived from 37 Laws of Del., ch. 14 151, §§ 1, 2, adopted March 23, 1931; 37 Laws of Del., ch. 152, § 1, adopted April 25, 1931; 38 15 Laws if Del., ch. 99, § 1, adopted April 4, 1933; 40 Laws of Del., ch. 159, § 1, adopted April 1, 16 1935; 46 Laws of Del., ch. 275, adopted April 10, 1947; 47 Laws of Del., ch. 219, § 1, adopted June 17 8, 1949; 47 Laws of Del., ch. 313, § 1, adopted June 29, 1949; 47 Laws of Del., ch. 330, § 1, adopted 18 June 30, 1949; 48 Laws of Del., ch. 323, § 1, adopted June 5, 1951; 48 Laws of Del., ch. 334, 19 adopted June 5, 1951; 51 Laws of Del., ch. 92, § 1, adopted May 14; 1952; 49 Laws of Del., ch. 318, 20 §§ 1—4, adopted July 8, 1953; 61 Laws of Del., ch. 147, § 1, adopted July 14, 1955; 50 Laws of 21 Del., ch. 471, § 1, adopted July 18, 1955; 52 Laws of Del., ch. 112, § 1, adopted June 30, 1959; 54 22 Laws of Del., ch. 96, §§ 1, 4, adopted July 8, 1963; 54 Laws of Del., ch. 165, § 1, adopted Dec. 7, 23 1963; 59 Laws of Del., ch. 98, §§ 1—4, adopted June 25, 1973; 60 Laws of Del., ch. 301, § 3, 24 adopted Jan. 20, 1976; 60 Laws of Del., ch. 311, § 1, adopted Feb. 5, 1976; 60 Laws of Del., ch. 447, 25 § 2, adopted June 11, 1976; 60 Laws of Del., ch. 457, §§ 1, 3, 4, 6—9, adopted June 11, 1976; 61 26 Laws of Del., ch. 147, §§ 2—5, adopted July 14, 1977; 64 Laws of Del., ch. 5, §§ 1—7, 11—17, 27 adopted Jan. 20, 1983; Amd. of 1-27-1983; 64 Laws of Del., ch. 143, § 1, adopted July 12, 1983; 28 Amd. of 7-8-1986 (H.B. No. 260); 56 Laws of Del., ch. 49, §§ 1—3, adopted June 28, 1987; Amd. 29 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 30 of Del., ch. 361, § 1, adopted July 12, 1988; 66 Laws of Del., ch. 365, §§ 1—3, 5—9, 11, 12, 31 adopted July 12, 1988; 67 Laws of Del., ch. 7, §§ 1, 3—5, adopted Jan. 26, 1989; Amd. of 8-27- 32 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, 33 §§ 1, 2); Amd. of 5-11-1992 (H.B. No. 617, §§ 1—3); Amd. of 12-14-1993 (H.B. No. 55, §§ 1, 2); 34 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. 35 No. 261, § 1); and Amd. of 6-17-1992 (H.B. No. 260, § 1). 36 --- (3) --- 37 Editor's note—Senate Bill 165, § 1, adopted July 8, 2009, added this preamble to the Charter.

38 ARTICLE I. - POWERS OF THE CITY 39 FOOTNOTE(S): 40 --- (4) --- 41 Editor's note—S.B. No. 165, § 2, adopted July 8, 2009, amended art. I in its entirety and enacted 42 the provisions set out herein. The former art. I, titled General Provisions, derived from Amd. of 7- 43 12-2005 (S.B. 126). 44 Sec. 1.01. - Powers of the City. 45 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware 46 Code and elsewhere, the City of Dover shall assume and have all powers which under the 47 Constitution of the State it would be competent for the General Assembly to grant by specific 48 enumeration, and which are not denied by statute. 49 (Amd. of 7-8-2009 (S.B. 165, § 2)) 50 Sec. 1.02. - Construction. 51 The powers of the city under this Charter shall be construed liberally in favor of the city, and 52 the specific mention of particular powers in the charter shall not be construed as limiting in any way 53 the general power granted in this article. 54 (Amd. of 7-8-2009 (S.B. 165, § 2)) 55 Sec. 1.03. - Intergovernmental Relations. 56 The city may participate by contract or otherwise with any governmental entity of this state 57 or of the United States in the performance of any activity which one or more of such entities has the 58 authority to undertake. 59 60 (Amd. of 7-8-2009 (S.B. 165, § 2)) 61 Sec. 1.04. - Municipal corporation continued; boundaries. 62 The municipal corporation of the State of Delaware known as "the City of Dover" shall 63 continue to be a body politic and corporate. The boundaries of the City of Dover are hereby 64 established and declared as recorded on the official map of record in the Recorder of Deeds Office 65 in and for Kent County and State of Delaware as presently existing and as hereinafter amended. 66 (Amd. of 7-8-2009 (S.B. 165, § 2)) 67 Sec. 1.05. - Procedure to extend boundaries. 68 The City may, from time to time, extend its boundaries in accordance with Title 22, Chapter 69 1, Section 101 (22 Del. C. § 101) through the following annexation processes: 70 (1) In the case where annexation is petitioned by all owners of all property considered 71 for annexation, no election shall be required.

72 For an annexation petition not requiring an election, such petition shall be processed 73 in accordance with procedures established for amendments to the zoning map, 74 specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be 75 processed concurrently with the rezoning of the property considered for annexation 76 and shall be subject to public hearing before City Council. Public notice shall be 77 completed in accordance with the provisions of the Dover Code relating to 78 amendment of the zoning map. 79 (2) In the case where annexation is not petitioned by all owners of all property 80 considered for annexation, such annexation shall be subject to an election, as 81 follows: 82 (a) In order to extend the boundaries of The City of Dover the council shall 83 adopt a resolution proposing the inclusion of all property considered for 84 annexation within the limits of the City of Dover and calling for a special 85 election to be held not less than thirty (30) nor more than sixty (60) days after 86 the adoption of the resolution, in accordance with Title 22, Chapter 1, 87 Section 101, Delaware Code. The resolution shall contain a description of all 88 property considered for annexation, the date of the election, and the place or 89 places of said election. The resolution shall be published in at least two (2) 90 issues of a newspaper of general circulation within the City of Dover at least 91 two (2) weeks prior to the day of said election. 92 (b) The annexation election shall be held by the city's election officers. Each 93 owner of the property considered for annexation shall be entitled to one (1) 94 vote. Owners of real estate in common shall be entitled to one (1) vote each. 95 Life tenants shall be entitled to one (1) vote each but the holders of the 96 remainder interest or similar interest subject to the life estate shall not be 97 entitled to vote. Corporations, firms or associations shall be entitled to one 98 (1) vote, the same as private persons. 99 More than one (1) annexation election may be held on the same day; 100 however, the elections shall be separate. 101 The Council of the City of Dover shall provide the ballots and shall bear the 102 cost of holding such annexation elections. The ballots shall briefly indicate 103 the property proposed for annexation and shall provide two (2) boxes on the 104 ballot beside which shall appear the words "FOR inclusion within the City 105 of Dover," and "AGAINST inclusion within the City of Dover." Each voter 106 shall indicate their preference by making a mark within the box beside the 107 words expressing their preference. 108 For the annexation election, the polls shall open at 11:00 a.m. and remain 109 open until each eligible voter has cast their vote or until 8:00 p.m., whichever 110 occurs first. When the polls are closed the election officers shall publicly 111 count the votes and forthwith certify to the clerk of the council the number 112 of votes cast for and against inclusion within the city limits. At the next 113 regular or special meeting of the council the mayor and council shall receive 114 the results of the election and make the same a part of the minutes of said 115 meeting.

116 If a majority of the votes cast in an annexation election are in favor of the 117 inclusion of that property, the council may thereupon adopt a resolution 118 annexing said property and including same within the limits of the City of 119 Dover. Upon the adoption of a resolution of annexation a copy thereof 120 certified by the clerk of council and a plot of the area annexed shall be 121 forthwith filed for record with the Recorder of Deeds of Kent County, and 122 the area so annexed shall for all purposes thenceforth be part of the City of 123 Dover. 124 If a majority of the votes cast in an annexation election shall be against the 125 inclusion of that property within the limits of the City of Dover, the proposed 126 annexation of said property shall be declared to have failed. Nothing in this 127 Charter shall prohibit the council from resubmitting a proposal for 128 annexation to the eligible voters for said property, or any portion thereof, 129 under the authority of this section and in accordance with the provisions 130 thereof. 131 (Amd. of 7-8-2009 (S.B. 165, § 2); Res. No. 2013-10 (S.B. 71), 3-11-2013) 132 Sec. 2. - Status, general corporate powers, specific provisions for condemnation of property. 133 The inhabitants of the City of Dover within the boundaries defined in section 1.05 1.04 of 134 this Charter, or within the boundaries hereafter established, shall continue to be a body politic and 135 corporate, by the name of "the City of Dover," and under that name shall have perpetual succession; 136 may have and use a corporate seal; may sue and be sued; may hold and acquire by purchase, gift, 137 devise, lease or condemnation, real property and personal property within or without its boundaries 138 for any municipal purpose, in fee simple or lesser estate or interest, and may sell, lease, hold, 139 manage, and control such property as its interest may require; and shall have all other powers and 140 functions requisite or appropriate for the government of the city, its peace and order, its sanitation, 141 appearance and beauty, the health, safety, convenience, comfort and well-being of its population, 142 and the protection and preservation of property, public and private. 143 Whenever it shall be necessary for any municipal purpose to condemn any real property or 144 personal property under this Charter, except as is herein otherwise specifically provided, the council 145 must follow applicable state law. 146 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 3)) 147 Sec. 3. - Employee pension, benefit and retirement systems authorized. 148 The City of Dover is hereby authorized, empowered and permitted to establish a system of 149 pensions or benefits through group insurance or otherwise as may be found proper and necessary, 150 providing for life, accident, health, hospitalization and death benefits, or any or either of them, for 151 the regular employees of the said "City of Dover." The said "City of Dover" is hereby authorized, 152 empowered and permitted to enter into an agreement or agreements with one or more insurance 153 companies to provide a group insurance plan or plans, as may be required or proper to carry out such 154 system of pensions or benefits. The election to exercise such authority on the part of the city shall 155 be evidenced by an ordinance or resolution duly adopted by the council of the City of Dover as other 156 ordinances or resolutions are adopted, and the same shall be recorded in the official minutes of the 157 said council. Such ordinance or resolution shall provide for and establish a fund for the payment of 158 the costs of such pension system or benefits by making appropriations out of the treasury of the said 159 "City of Dover," or by requiring contributions payable from time to time by the employees included

160 in such plan or plans, or by a combination of both, or by any other method not prohibited by law. 161 The participation in any plan adopted shall be deemed to be mandatory by the City of Dover and 162 made a condition of employment and continuing employment. 163 The city council shall have power to enact ordinances for a pension or retirement system for 164 the police of the City of Dover, and to set aside a special fund for that purpose which fund shall be 165 administered in accordance with ordinances made and provided in that behalf and the laws of the 166 State of Delaware. 167 Notwithstanding any statute to the contrary, the City of Dover shall have the power by 168 ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined 169 by council, upon the transfer of real property within the city not to exceed one and one-half 170 percent or as amended by state law of the value of the real property as represented by the 171 document transferring the property. The provisions of Section 5401 and Section 5403 of 172 Chapter 54, Title 30 of the Delaware Code (30 Del. C. §§ 5401, 5403) shall apply with respect 173 to any realty transfer tax imposed by the City of Dover pursuant to the authority granted 174 herein. The council of the City of Dover may adopt an ordinance or ordinances to provide for 175 the effective administration and regulation of any tax adopted pursuant to the authority 176 conferred herein. If the taxing power and authority granted herein shall be exercised by way 177 of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not 178 receive for record documents subject to said tax unless stamps provided by the City of Dover 179 are affixed thereto showing payment of the tax. 180 (Moved to 49B - Realty Transfer Tax) 181 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 182 ARTICLE II. - MAYOR AND COUNCIL 183 Sec. 4. - General powers and duties. 184 All powers of the city shall be vested in the city council, except as otherwise provided by law 185 or this charter, and the council shall provide for the exercise thereof and for the performance of all 186 duties and obligations imposed on the city by law. 187 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 5)) 188 Sec. 5. - Council to be legislative body; size; districts; terms of mayor and councilmen council 189 members; qualifications. 190 The council shall be the legislative body of the city and composed of nine (9) members 191 nominated and elected as herein provided. 192 The city shall be divided into four (4) election districts, the boundaries of which shall be 193 established by council so that they are nearly equal in population based on the latest federal 194 decennial census information. The district boundaries established for municipal elections shall be 195 used for the next regular municipal election and shall continue in effect until the next succeeding 196 federal decennial census is made available for use by municipalities in the State of Delaware. 197 At the regular municipal election held in April of 2012, the mayor shall be elected at- 198 large. The term of mayor elected at the April 2012 regular municipal election shall be for a 199 period of three years, commencing on the second Monday in May following his/her election

200 and continuing for a term of three years until the second Monday in May 2015, or until his/her 201 successor has been duly elected and qualified. 202 Thereafter, commencing Commencing with the regular municipal election to be held in 203 April of 2015, the term of mayor shall be for a period of four years commencing on the second 204 Monday in May following his/her election and continuing for a term of four years until the second 205 Monday in May, or until his/her successor has been duly elected and qualified. 206 At the regular municipal election held in April of 2012, four councilmen shall be elected 207 by district voting from each of the districts of the city. The term of the councilmen elected at 208 the April 2012 regular municipal election shall be for three years, commencing on the second 209 Monday in May following their election and continuing for a term of three years until the 210 second Monday in May 2015, or until their successors have been duly elected and qualified. 211 At the regular municipal election held in April of 2013, five councilmen shall be elected, 212 four by district voting being from the districts and one at-large. The term of the councilmen 213 elected at the April 2013 regular municipal election shall be for a period of four years, 214 commencing on the second Monday in May following their election and continuing for a 215 period of four years until the second Monday in May, or until their successors have been duly 216 elected and qualified. 217 Thereafter, commencing Commencing with the regular municipal election to be held in 218 April of 2013, the terms of the councilmen council members shall be for a period of four years, 219 commencing on the second Monday in May following their election and continuing for a term of 220 four years until the second Monday in May, or until their successors have been duly elected and 221 qualified. The mayor and at-large councilman council member shall be elected at alternating 222 biennial regular municipal elections. 223 In order to be eligible to be elected as mayor or as a member of council, the person must as 224 of the date of the election be: 225 (1) A citizen of the United States and of the State of Delaware; 226 (2) A resident of the city and having continuously resided therein or in an area annexed 227 to the city during the two (2) years immediately preceding the day of the election; 228 (3) A resident of the election district from which they are seeking election, unless they 229 are seeking election as an at-large councilman council member or mayor; 230 (4) Eighteen (18) years of age or older; and 231 (5) Nominated therefore, as hereinafter provided.; and 232 (6) A registered voter of the city. 233 Holding Other Office. Except where authorized by law, no council members shall hold any 234 other elected public office, city office, or city employment during the term for which the member 235 was elected to the council. No former council members shall hold any compensated appointive 236 office or employment with the city until one year after the expiration of the term for which the 237 member was elected to the council, unless granted a waiver by the Board of Ethics (Ethics 238 Commission).

239 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 240 (S.B. 8); Res. No. 2011-11 (S.B. 165), 10-10-2011; Res. No. 2013-09 (S.B. 69), 3-25-2013) 241 Sec. 6. - Municipal election; dates, time, and place of elections. 242 Regular municipal elections shall be held biennially on the third Tuesday in April. All other 243 municipal elections that may be held shall be known as special municipal elections. At each such 244 municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may 245 designate the places of election and make all necessary rules and regulations not inconsistent with 246 this Charter or with other laws of the State of Delaware for the conduct of elections, for the 247 prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud. At 248 alternating biennial regular municipal elections held on the third Tuesday in April, five councilmen 249 council members shall be elected for a term of four years, four of whom shall be elected by district 250 voting from each of the districts as designated by council and one of whom shall be elected by at- 251 large voting by all voters of the city, as provided in section 5 of this Charter. At the next biennial 252 regular municipal election held on the third Tuesday in April, four councilmen council members 253 shall be elected by district voting from each of the districts as designated by council for a term of 254 four years, and a mayor shall be elected by at-large voting by all the voters of the city for a term 255 of four years, as provided in section 5 of this Charter. 256 (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- 257 10-2011) 258 Sec. 7. - Nomination Nominating petitions for candidates for council and mayor. 259 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by 260 not less than ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of 261 council. In the years when a mayor is to be elected, nominating petitions for candidates for 262 mayor shall be accepted no sooner than the first working day of January and no later than the 263 last working day of January on or before 4:30 p.m. on the second Friday of February bienially 264 Nominating petitions for candidates for council shall be accepted no sooner than the first 265 working day of January and no later than the last working day of February biennially on or 266 before 4:30 p.m. on the last working day in January biennally for candidates for mayor in the 267 years when a mayor is to be elected. Should the second Friday of February fall on a legal 268 holiday, the filing date shall be 4:30 p.m. on the next working day thereafter which is not a 269 legal holiday. 270 Whenever a petition nominating a person for the office of mayor or councilman council 271 member shall have been filed as above prescribed, the name of such person shall he be printed on 272 the ballot for the regular biennial municipal election as a candidate for the office for which they 273 were nominated, provided they possess the qualifications prescribed by this Charter for a candidate 274 for such office. 275 No nominating petition shall designate more than one person to be voted for as a member 276 of council or as mayor. 277 The signers of a nominating petition for a member of the council must be electors registered 278 voters of the city residing in the city election district in which the nominee resides; but the signers 279 to the of a nominating petition for the mayor and for the at-large councilman council member may 280 be registered voters of the city electors residing in the city at-large.

281 There must be attached to each nominating petition an affidavit of the circulator thereof, 282 stating the number of signers and that each signature appended thereto was made in their presence, 283 and is the genuine signature of the person whose name it purports to be, and that all of said signers 284 are entitled to vote at the regular municipal election referred to; and, in the case of a petition 285 nominating a candidate for councilman council member running from a particular district and to 286 be elected by district voting, that the circulator of the petition verily believes that each signer of said 287 petition is a resident of the same city election district in which the nominee resides. 288 With each signature shall be stated the place of residence of the signer, giving the street and 289 number or other description sufficient to identify the same. The form of the nominating petition shall 290 be substantially as follows: 291 We, the undersigned, electors registered voters of the City of Dover, hereby 292 nominate ____________, who resides in the ____________ City District of the said 293 City of Dover, for the office of Councilman Council member (or for the office of 294 Mayor as the case may be) to he be voted for at the regular municipal election to be 295 held in the said City, on the ____________/____________/____________ day of 296 _ __ _ _ _ _ _ ___ _ / _ _ _ __ _ _ _ _ __ _ / _ _ _ _ _ _ __ _ __ _ i n the yea r 297 ____________/____________/____________; and we individually certify that we 298 are qualified to vote for a candidate for the office named, and that we have not 299 signed any other nominating petition for that office, and that our places of residences 300 are truly stated after our signatures. 301 Name _____ 302 Street and number address_____ 303 (Space for Signatures) 304 STATE OF DELAWARE 305 KENT COUNTY 306 SS. 307 ____________/____________/____________ being duly sworn (or affirmed) deposes and 308 says that they were the circulator of the foregoing petition paper containing signatures, 309 and that the signatures appended thereto were made in his/her presence, and are the 310 signatures of the persons whose names they purport to be, and that they verily believe the 311 residence of each signer thereof to be truly stated, and that all of said signers are entitled to 312 vote at the regular municipal election referred to in said paper; and, in case the petition is 313 nominating a candidate for councilman council member to be elected from a specific 314 district by district voting, that each signer of said petition is a resident of the same city 315 election district in which the nominee resides. 316 (Signed) _____ 317 Subscribed and sworn to (or affirmed) before me this ______/________/_______ day of 318 ________/_______/__________________ Justice of the Peace (or Notary Public) 319 (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- 320 10-2011) 321 Sec. 8. - Election board; counting of votes; determination of winners; tie votes; persons eligible 322 to vote; voter registration; official ballots and voting machines; absentee ballots. 323 There is hereby created an election board which shall be a non-elected body to oversee the 324 municipal elections, as well as to serve as an advisory board to Council on such matters as voter

325 registration, municipal elections, election rules and regulations, and polling locations for City 326 elections. The board shall be composed of five members, serving three-year terms, to be appointed 327 by the Mayor and confirmed by council at the Annual Meeting, or as necessary to fill vacancies as 328 they occur. One member shall be appointed from each district into which the city has been divided 329 for election purposes, and one member shall be appointed on an at-large basis. The City Clerk shall 330 serve as a liaison member of the board. Upon expiration of the term of appointment, a member shall 331 serve until his/her successor has been duly appointed. If a vacancy occurs during the term of any 332 member of the election board, a person residing in the same numbered district shall be appointed 333 to fill the remainder of said term. Members serve without salary, but shall be paid a per diem 334 allowance as specified by City ordinances. 335 To be eligible for appointment to the election board, each prospective member shall be a 336 citizen of the United States, a registered voter within the City, and have resided within the 337 geographical boundaries of the City for one year preceding the appointment. The Mayor and 338 members of Council, their parents, spouse, or children, shall not be eligible for appointment to the 339 election board. 340 Election board members will voluntarily remove themselves from the election board 341 prior to participating in any campaign to elect a candidate. Upon certification of the election 342 results, the election board member shall resume their duties on the board. If a majority of 343 council members determine that a conflict of interest or a potential conflict of interest exists 344 regarding an election board member and a candidate, then the election board member shall 345 be temporarily removed from the election board. 346 When the polls are closed, the election board shall publicly count the votes and shall certify 347 the results of the election to each of the persons selected and to the council. The candidate for the 348 office of mayor who receives the highest number of votes cast for that office shall be declared to be 349 elected mayor; the candidate for the office of at-large councilman council member who receives 350 the highest number of votes cast for that office shall be declared to be elected at-large councilman 351 council member; and the candidates for the offices of councilmen council member from each 352 district who receive the highest number of votes cast by voters who reside in that district and cast 353 votes for councilmen council members of that district shall be declared to be elected to that office. 354 In the event of a tie vote for any office, a special election for said office(s) only shall be held within 355 30 days and the registration books shall remain closed until the outcome of the special election is 356 determined. 357 Every resident of the City of Dover who shall have reached the age of 18 years by the time 358 of the election and who is properly registered to vote shall be entitled to vote at all regular or special 359 municipal elections. A voter will be considered properly registered to vote if they are properly 360 registered to vote for state elections in accordance with Title 15 of the Delaware Code as amended. 361 The council shall provide for the use of voting machines in all regular and special municipal 362 elections in conformity with Title 15 of the Delaware Code by ordinance duly adopted by council. 363 Voting machines shall be used in accordance with Title 15 of the Delaware Code and by ordinance 364 duly adopted by council. The names of the candidates for each office shall be listed in alphabetical 365 order on the voting machines under the name of the office to which they seek election. The voters 366 shall designate their choice of candidates in accordance with the regular method of operation of 367 voting machines. The council may provide sample ballots plainly marked as such and printed on 368 paper of any color except white to be distributed to any voter or candidate who requests them prior 369 to or during the election.

370 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any 371 election either because of being in the public service of the United States or of this state, or because 372 they will be unavoidably absent from the city on the day of the election, or because of his sickness 373 or physical disability may cast a ballot at such election by absentee ballot to be counted in the total 374 of such election. The council may provide the rules and regulations for such absentee voting by 375 ordinance for all elections. 376 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, §§ 9, 10)) 377 Sec. 9. - Meetings of mayor and council—Generally. 378 At 7:30 p.m. on the second Monday in May following a regular municipal election, the 379 mayor and council shall meet at the usual place for holding council meetings and the newly elected 380 officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties 381 with fidelity. Such meeting shall be called or known as the annual meeting. Thereafter, the council 382 shall hold regular meetings at such times as may be prescribed by ordinance, but not less frequently 383 than once each month. Special meetings may be called and held as prescribed by ordinance. All 384 meetings of the council shall be open to the public except scheduled executive sessions. 385 At the annual meeting held on the second Monday in May, the members of council shall 386 elect one of their members to serve as council president, such term to he in effect until the next 387 regularly scheduled annual meeting or until a successor is elected. The council president shall serve 388 as vice-mayor. Council president shall preside over regular and special council meetings. 389 The mayor shall preside over the annual meeting and quarterly town meetings, and at the 390 annual meeting present a state of the city message and offer mayoral appointments for council 391 confirmation. The mayor, upon recommendation from the council president, will present council 392 appointments for council approval. 393 In the event of absence of the council president, then the senior member of council in terms 394 of length of service as a councilman council member shall assume the duties of the council 395 president and shall be designated council president acting. In the event that two or more members 396 of council have the same seniority in terms of length of (continuous) (cumulative) service as a 397 councilman council member, then the members of council shall vote and elect one of those as 398 council president acting. Council president acting shall fulfill all of the duties and responsibilities 399 of council president during his period of unavailability or absence. 400 (Amd. of 7-12-2005 (S.B. 126)) 401 Sec. 10. - Meetings of mayor and council—Procedure. 402 Five of the members elected to the council shall constitute a quorum to do business, but a 403 less number may adjourn from time to time and may compel the attendance of absent members in 404 such manner and under such penalties as may be prescribed by ordinance. 405 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the 406 affirmative vote of a majority of the members elected to the council, and (2) the written approval 407 of the mayor, or the vice-mayor in those cases where the vice-mayor is authorized to act as mayor 408 as provided in section 15 hereof, provided that in the absence of such approval by the mayor, or the 409 vice-mayor as the case may be, the council may, after not less than seven days nor more than 35 410 days after the prior vote, pass or adopt the said ordinance, resolution, motion or order which did not

411 receive the approval of the mayor, or the vice-mayor, by the affirmative vote of two-thirds of the 412 members elected to council. 413 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the 414 duty of the mayor, or the vice-mayor, to signify his/her approval or disapproval thereof in writing 415 to the clerk of the council within seven days thereafter. The clerk of the council shall forthwith 416 notify the members of the council of such approval or disapproval. 417 Motions to adjourn meetings of council and orders to compel the attendance of absent 418 members shall not require the approval of the mayor or vice-mayor. 419 A councilman council member shall abstain from voting on a matter that he/she feels 420 would involve the consideration of his/her own official conduct, on a matter in which he/she has 421 a financial interest, in a matter in which he/she has a conflict of interest or in accordance with a 422 policy adopted by council. 423 The yeas and nays shall be taken upon the passage of every ordinance and resolution and 424 entered together with the text of the ordinance or resolution upon the journal of the proceedings of 425 the council. The journal shall be deemed conclusive evidence of the facts stated therein except in 426 the case of fraud. 427 The city council may adopt any standard code of technical regulations by reference thereto 428 in an adopting ordinance. The procedure and requirements governing such an adopting ordinance 429 shall be as prescribed for ordinances generally except that: 430 (1) The requirements for distribution and filing of copies of the 431 ordinance shall be construed to include copies of the code of 432 technical regulations as well as of the adopting ordinance, and 433 (2) A copy of each adopted code of technical regulations as well as of the 434 adopting ordinance shall be authenticated and recorded by the city 435 clerk. 436 Copies of any adopted code of technical regulations shall be made available by the city clerk 437 for distribution or for purchase at a reasonable price. 438 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 11)) 439 Sec. 11. - Council to be judge of election results and qualification of members; power to fix 440 procedure. 441 The council shall be the judge of the election results and qualification of its members and, 442 in such cases, shall have power to subpoena witnesses and compel the production of all pertinent 443 books, records and papers; but the decision of the council in any such case shall be subject to review 444 by the courts. The holding over members shall constitute the council for the purpose of determining 445 election contests. The council shall determine its own rules and order of business and keep a journal 446 of its proceedings. It shall have power to compel the attendance of absent members, and may punish 447 its members for disorderly behavior. 448 (Amd. of 7-12-2005 (S.B. 126))

449 Sec. 12. - Compensation; expenses—Mayor, councilmembers council members and other 450 elected or appointed officials. 451 The council shall determine the annual salary and emoluments of the mayor, council 452 members, and other elected or appointed officials by ordinance, but no ordinance increasing the 453 salary of the mayor or city council members shall become effective until the date of commencement 454 of the terms of the mayor or council members elected at the next regular election. The mayor and 455 council members shall receive their actual and necessary expenses incurred in the performance of 456 their duties of office. 457 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 12)) 458 Sec. 13. - Vacancies; forfeiture of office; filling of vacancies 459 (a) Vacancies. The office of a council member shall become vacant upon the member's 460 death, resignation, or removal from office or forfeiture of office in any manner 461 authorized by law. 462 (b) Forfeiture of office. A council member shall forfeit that office if the council member: 463 (1) Fails to meet the residency requirements, 464 (2) Violates any express prohibition of this charter, 465 (3) Is convicted of a crime involving moral turpitude, or 466 (4) Fails to attend three consecutive regular meetings of the council without 467 being excused by the council. 468 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise 469 for which said vacancy shall be less than six months in duration from the next regular or 470 special election, the office shall remain vacant vacancy shall be filled at the next regular 471 or special election if there is sufficient time to meet the requirements of the Dover Code 472 of Ordinances, the City of Dover Charter, and Title 15 of the Delaware Code. If such 473 vacancy should be in excess of six months in duration from the next regular or special 474 election, a special election shall be held to fill such vacancy, this special election to be held 475 no sooner than 30 days from the date of the vacancy, but said special election to be held no 476 later than 60 days after the date of the vacancy. If council fails to call for a special Election, 477 the special Election shall be called by the Election Board. 478 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 13)) 479 Impeachment and removal. 480 The mayor and city council members shall be subject to an impeachment proceeding upon 481 majority vote of the city council and, upon conviction, removal from office for malpractice, 482 willful neglect or failure to perform the duties of their office, abuse of their powers, or any 483 other unbecoming conduct. 484 The mayor and/or council member who is subject to the impeachment proceedings shall be 485 given no less than five business days notice of the impeachment hearing date, place and time. 486 The mayor and/or council member who is subject to the impeachment proceedings shall have

487 the right to counsel at the impeachment hearing at his/her own expense and the right to 488 subpoena and present witnesses and other evidence. The burden of proof for impeachment 489 shall be preponderance of the evidence and shall rest with the city. The members of the council 490 who are not the subject to the impeachment hearing shall then vote on the issue of 491 impeachment. Upon majority vote of impeachment by the council after the hearing, the 492 affected member shall be removed from office. 493 Sec. 14. - Duties of mayor. 494 The mayor shall be the executive and chief official of the city. The mayor shall have the 495 powers and perform the duties conferred and imposed by this Charter and ordinances of the city. The 496 mayor shall preside at the annual meeting of the council and at all quarterly town meetings. The 497 council president shall preside at all other meetings of the council. The mayor shall have no vote on 498 council matters of any nature whatsoever. The mayor is an ex officio member of all committees, but 499 shall have no vote. 500 (Amd. of 7-12-2005 (S.B. 126)) 501 Sec. 15. - Council president/vice-mayor, duties of. 502 At each annual meeting, the council shall elect one of their number as council president who 503 shall also serve as vice-mayor. During a vacancy in the office of mayor or during the absence or 504 disability of the mayor, the vice-mayor shall have all the powers and duties of the mayor, except as 505 hereinafter provided. The council president and vice-mayor shall retain his/her right to vote as 506 councilman a council member at all times although he/she may be acting as the mayor, unless the 507 mayors absence appears to be indefinite or extended, in which case council shall pass a resolution 508 appointing the vice-mayor as mayor until the mayor's position is either filled in accordance with 509 section 13 hereof or the mayor returns to his/her duties, which resolution shall provide that the vice- 510 mayor shall have the right to approve or disapprove council action in accordance with section 10 511 hereof, in which case the vice-mayor shall lose his/her vote as councilman a council member until 512 further action is taken by council. 513 (Amd. of 7-12-2005 (S.B. 126)) 514 Sec. 16. - City clerk. 515 The city council shall appoint an officer of the city who shall have the title of city clerk. The 516 city clerk shall give notice of council meetings to its members and the public, keep the journal of 517 its proceedings and perform such other duties as are assigned by this charter or ordinance or by the 518 council or by state law. 519 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 14)) 520 Sec. 17. - Controller/treasurer. 521 At the annual meeting the The council shall elect appoint a controller/treasurer to hold 522 office until the next annual meeting of the council, or until his/her successor has been duly chosen 523 and qualified, but subject to removal at any time by the council. 524 The controller/treasurer shall be the custodian of all the city funds and shall deposit them in 525 a banking institution designated by the council.

526 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15)) 527 Sec. 18. - Ordinances authorized; maximum penalty for violation. 528 The council is hereby vested with the authority to adopt ordinances of every kind relating 529 to any subject coming within the powers and functions of the city, or relating to the government of 530 the city, its peace and order, its sanitation, appearance and beauty, the health, safety, convenience 531 and comfort of its population, and the protection and preservation of property, and to fix and impose 532 and enforce the payment of, fines and penalties for the violation of any such ordinance; as penalties 533 will be provided by the Code and no provision in this Charter as to ordinances on any particular 534 subject shall be deemed or held to he restrictive of the power to adopt ordinances on any subject not 535 specifically enumerated. 536 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 16)) 537 Sec. 19. - Power of council to define and abate nuisances. 538 The council shall have power to define nuisances and cause their abatement. The operation 539 of any instrument, device, or machine of any kind whatsoever, that shall cause electrical interference 540 with radio or television reception within the limits of the city shall, at the option of the council, be 541 deemed to be a nuisance. 542 (Amd. of 7-12-2005 (S.B. 126)) 543 Sec. 20. - Power of council to provide for fire protection measures. 544 The council shall have power to adopt all measures requisite or appropriate for protection 545 against fire. To this end the council may adopt ordinances prohibiting the use of building materials 546 that the council deem would create a fire hazard, and may zone or district the city and make 547 particular provisions for particular zones or districts with regard to buildings and building materials. 548 This power shall be deemed to embrace new buildings or additions to or alterations of existing 549 structures of every kind. The council shall have the power to condemn any building or structure or 550 portion thereof that it deems to be a health hazard or constitutes a fire menace or to require or cause 551 the same to be torn down, removed, or so altered as to eliminate the health hazard or menace of fire. 552 (Amd. of 7-12-2005 (S.B. 126)) 553 Sec. 21. - Power of council to adopt zoning ordinances. 554 The council may adopt zoning ordinances limiting and restricting to specified districts, and 555 regulating therein, buildings and structures according to their construction and the nature and extent 556 of their use. 557 (Amd. of 7-12-2005 (S.B. 126)) 558 Sec. 22. - Power of council to regulate construction of buildings and require permits; building 559 inspector authorized. 560 The power of the council to adopt ordinances for the safety of the city and its population 561 shall be deemed to embrace the right to prescribe the height and thickness of the walls of any 562 building and the kind and grade of materials used in the construction thereof.

563 The council may provide for the issuance of building permits and forbid the construction of 564 a new building or the addition to or alteration and repair of an existing building except when a 565 building permit has been obtained therefore. The council may appoint a building inspector and 566 prescribe his/her powers and duties. 567 (Amd. of 7-12-2005 (S.B. 126)) 568 Sec. 23. - Power of council to create city planning commission; members generally. 569 The council may create a city planning commission for the development, improvement, and 570 beautification of the city, and prescribe its powers and duties. No member of the planning 571 commission may hold at the same time, any elected city office. 572 Members of any planning commission created by the city shall consist of two members from 573 each council district and one member serving at large. 574 All members of the planning commission must be residents of the City of Dover. 575 Each appointed member of the commission shall receive per diem reimbursement for 576 expenses to be paid quarterly monthly for preparation and attendance at each meeting of the 577 planning commission attended in an amount to be set by council. 578 (Amd. of 7-12-2005 (S.B. 126)) 579 Sec. 24. - Power of council to franchise or license public utilities and common carriers. 580 The council shall have the right to grant or refuse franchises or licenses to public utilities and 581 common carriers and fix the terms and conditions thereof and to regulate their use of the streets, 582 lanes, alleys, rights-of-way, and air space or airways of the city. 583 (Amd. of 7-12-2005 (S.B. 126)) 584 Sec. 25. - Power of council to operate light, power or water plant. 585 The council shall have power to operate a light, power and water plant for the city, and to 586 do all things necessary for its maintenance and operation. The council may at their option transmit 587 electric current and or water from its said plant to places or properties outside of the city limits upon 588 such terms, charges and conditions as they shall determine. 589 The council shall have power to adopt ordinances, rules and regulations in regard to the use 590 for public or private purposes of electric current distributed and or water furnished by the city and 591 the amount to be paid by the users thereof, and fix fines and penalties for any willful or negligent 592 injury or damage to its water and light plant, and to any objectionable use in connection with its light 593 and water system, and to any interference with or obstruction of the said system. 594 (Amd. of 7-12-2005 (S.B. 126)) 595 Sec. 26. - Power of council with reference to sewers. 596 The council shall have superintendence and supervision of the sewers and the sewer system 597 of the city. They shall have power to install any or additional sewers in the city. The council may 598 by condemnation proceedings take for sewer purposes, private land, or the right to use private land

599 under the surface thereof, for the laying of sewer mains. The proceedings by condemnation under 600 this section shall be the same as prescribed by section 27 of this Charter with regard to the laying 601 out of new streets, and the resolutions referred to in said section shall be modified to cover the case 602 contemplated by this present section. 603 The council shall have power to make all ordinances, rules and regulations regarding the 604 sewers and sewer system of the city and the use thereof, and may fix fines and penalties for the 605 violation of the provisions of such ordinances. The council may require any property in the city to 606 be connected with the water and sewer mains and to compel the owner of such property to pay the 607 cost of such connection and the tapping fee or charge therefore. The connecting with the water or 608 sewer mains and the tapping thereof shall be under the regulation and control of the council. 609 The council may extend the sewer system of the city to places outside of the city limits upon 610 such terms, charges and conditions as it shall determine. 611 The council is hereby authorized to impose a charge or rent for the use of the sewer system 612 of the city, both within and without the limits of the city, and in addition to the connection or tapping 613 charges. 614 (Amd. of 7-12-2005 (S.B. 126)) 615 Sec. 27. - Power of council to layout, locate, abandon, etc., streets, sidewalks, etc. 616 The council shall have power and authority to lay out, locate, accept, and open new streets 617 and to widen and to alter existing streets or parts thereof, and to vacate or abandon streets or parts 618 thereof, whenever they shall deem it for the best interest of the city. 619 Whenever, the land comprehended or included in any street, or part thereof, vacated or 620 abandoned under this section is owned by the city, the council may, in their discretion, sell such land 621 either at private or public sale and for such consideration as the council shall deem proper, and shall 622 have the right and power to convey to the purchaser or purchasers thereof a good and sufficient title 623 thereto. 624 625 The word "street" shall be deemed and held to comprehend and include sidewalks, lanes and 626 alleys. 627 (Amd. of 7-12-2005 (S.B. 126)) 628 Sec. 28. - Power of council to pave streets, sidewalks, etc. and levy assessment for public 629 improvements; municipal lien docket. 630 The council shall have power to pave or repave, or to cause to be paved, or repaved, the 631 streets and sidewalks of the city, or any part or portion thereof, with such material or materials as 632 it shall determine. 633 The power hereby conferred shall be exercised in the following manner, to wit: 634 SIDEWALKS 635 A. The city council, at such time as it shall determine that the condition or conditions 636 of a particular street or streets, or portion thereof, requires that sidewalks be laid, or 637 that the sidewalks then existing, if there be sidewalks laid, should be improved, or

638 upon the petition of a majority of persons owning property along any of the streets, 639 or a portion of any of the streets of the said city, asking that the sidewalks abutting 640 on said street or streets, be improved, or that sidewalks be laid where there are none 641 at the time of the filing of the petition, may direct the property owner or owners to 642 lay or replace sidewalks with such material or materials, as, in the judgment of the 643 said council of the City of Dover, may seem best under the circumstances. 644 It shall be the duty of the city manager to give at least 15 days' notice in writing to 645 the owner or owners of the property affected by the action of the said council. Said 646 notices shall be served in the manner following: A copy thereof shall be delivered 647 personally to the owner or owners of said property, or a copy thereof shall be left 648 with the tenant in possession of the property, or a copy thereof shall be sent by 649 registered mail to the last known post office address of the owner or owners of the 650 said property or properties so affected. Service of such notice by either of said 651 methods shall be sufficient to bind the owner or owners under the provisions of this 652 Charter. 653 It shall be the duty of the owner or owners, after notice shall have been given in 654 either of the ways above designated, to forthwith cause the said sidewalks to be laid 655 or the improvement or alterations thereof to be made, as directed in said notice. 656 Upon the failure of the owner or owners to lay or cause to be laid or improved or 657 altered, the sidewalks or portion thereof, according to the direction of said notice, it 658 shall be the duty of the city manager to cause the said sidewalks to be laid or altered 659 or improved, as the case may be, according to the terms of such notice. 660 STREETS 661 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named 662 day and at a named hour and place, the council will meet to consider the question of 663 paving or repaving, with specified material or materials, the named street in front of 664 the property of named owners, and, of assessing the cost thereof against the owners. 665 Said ordinance or resolution shall be published at least one week prior to the meeting 666 aforesaid in at least one issue of a newspaper published in the city. The council shall 667 hold a meeting in accordance with said ordinance or resolution and shall hear thereat 668 the named owners of property and other residents of the city appearing on the 669 questions presented in said ordinance or resolution. 670 After such hearing, the council shall decide, either at said meeting or at a subsequent 671 meeting, whether or not to proceed with the paving or repaving specified in said 672 ordinance or resolution; provided, however, that the council shall not proceed with 673 such improvement if, at or prior to the hearing aforesaid, the council shall be 674 presented with a written objection thereto signed by a majority of the owners of real 675 property in front of which such paving or repaving was contemplated. The provisions 676 of this subsection, relating to the paving or repaving of streets, shall be deemed to 677 apply to and include curbs and gutters. 678 SPECIAL ASSESSMENTS 679 C. The city shall have the authority to levy and collect special assessments upon 680 property in a limited and determinable area for special benefits accruing to such 681 property as a consequence of any municipal public work or improvement, and to

682 provide for the payment of all, or any part of, the cost of the work, service or 683 improvement out of the proceeds of such special assessments. 684 When the term "owner" or "owners" is used with respect to special assessments, it 685 shall be deemed to mean the person or persons who owned the property in question 686 at the time of the enactment of the assessment ordinance, and, any change in 687 ownership thereafter shall not be deemed to affect any of the steps or proceedings 688 described in this Charter with respect to special assessments. 689 The council shall also have the authority to enact ordinances which provide for the 690 levy and collection of assessments against property owners for the cost of installation 691 of sanitary sewers, storm sewers, water mains, streets, sidewalks, street lights, curbs, 692 gutters and other public improvements. 693 Such ordinances shall prescribe: 694 (1) The basis to determine the amount which shall be assessed upon the 695 properties abutting the public work or improvement; 696 (2) What portion of corner properties shall be considered frontage and what 697 portion side frontage and whether there shall be any exemption on side 698 frontage; 699 (3) Payment provisions providing for payment in installments, except that 700 assessments for current services or service connections shall be payable 701 within one year; and 702 (4) Rules under which individual appeals shall be heard. 703 All special assessments and all water and sewer service charges shall be liens and shall be 704 entered in the municipal lien docket as liens. 705 The council may provide for the payment of special assessments for whatever purpose levied 706 by installments, but assessments for permanent improvements shall be paid in annual or more 707 frequent installments, and, assessments for current services shall be payable within one year. 708 MUNICIPAL LIEN DOCKET 709 D. A docket known as the City of Dover Municipal Lien Docket shall be prepared and 710 maintained by the city manager. The docket shall be substantially the same in form 711 as the judgment docket for Kent County and shall contain an index according to the 712 name of the owner against whom such lien has been assessed. All taxes and all 713 charges for water service, sewer service, garbage service, electric service, grass 714 cutting services and debris removal, dangerous building ordinance costs and 715 assessments, special assessments for municipal improvements of any nature, and all 716 other charges or assessments made by the city against property owners may be 717 recorded in the municipal lien docket and shall be and constitute a lien upon all of 718 the real estate of the taxable against or upon whom such taxes and/or charges are laid 719 or imposed, of which such taxable was seized at any time after such taxes and/or 720 charges have been levied and imposed, situate in the City of Dover. All liens so 721 recorded shall continue in full force and effect until the same plus accrued costs have 722 been paid in full. Upon payment in full of the lien and all costs, it shall be the duty 723 of the city manager to enter forthwith upon the docket the date of final payment and

724 the words 'satisfied in full." Failure to record liens in the municipal lien docket shall 725 not affect liens otherwise provided for in 25 Del. section 2901, et seq. 726 (Amd. of 7-12-2005 (S.B. 126)) 727 Sec. 29. - Streets, sidewalks, etc. to be under control of council; power of council to prescribe 728 grades thereon and regulate. 729 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, 730 management and control of the council, and the council may prescribe the grades thereof and adopt 731 ordinances regulating the use thereof and the traffic thereon. 732 (Amd. of 7-12-2005 (S.B. 126)) 733 Sec. 30. - Power of council to provide for disposal of garbage and sewage. 734 The council shall have power to provide for the incineration or other sanitary disposal of 735 litter, debris, refuse, garbage and sewage. 736 (Amd. of 7-12-2005 (S.B. 126)) 737 Sec. 31. - Power of council to regulate parking and provide parking lots. 738 The council shall have power to adopt ordinances regulating the parking of automobiles and 739 motor vehicles within the city, and may lease or purchase land to be used for parking purposes. 740 (Amd. of 7-12-2005 (S.B. 126)) 741 Sec. 32. - Council to determine salaries of city appointees and employees. 742 The salaries or emoluments of all city appointees and city employees shall be determined 743 by the council through the pay system and collective bargaining agreements as amended. 744 (Amd. of 7-12-2005 (S.B. 126)) 745 ARTICLE III. - CITY MANAGER 746 Sec. 33. - The city manager generally. 747 The council shall appoint a city manager who shall be the chief administrative officer of the 748 city. The city manager need not, when appointed, be a resident of the city or the state. No member 749 of the council shall, during the time for which elected, be chosen as city manager. The manager shall 750 be appointed for an indefinite term but shall be removable at the pleasure of the council. Before the 751 manager may be removed he/she shall, if he/she so demand, be given a written statement of the 752 reasons alleged for his/her removal and the right to be heard publicly thereon at a meeting of the 753 council prior to the final vote on the question of his/her removal, but pending and during such 754 hearing the council may suspend him/her from office. The action of the council in suspending or 755 removing the manager shall be final, it being the intention of this Charter to vest all authority and 756 fix all responsibility for such suspension or removal in the council. In case of the absence or 757 disability of the manager the council may designate some qualified person to perform the duties of 758 the office during such absence or disability. 759 (Amd. of 7-12-2005 (S.B. 126))

760 Sec. 34. - Responsibility of manager; powers of appointment and removal. 761 The city manager shall be responsible to the council for the proper administration of all 762 affairs of the city placed in his/her charge, and to that end, except as otherwise provided herein, 763 he/she shall have the power to appoint and remove all employees in the administrative service of 764 the affairs of the city under his/her charge. All such appointment shall be without definite term. 765 (Amd. of 7-12-2005 (S.B. 126)) 766 Sec. 35. - Appointments and removals. 767 Neither the city council nor any of its members shall in any manner control or demand the 768 appointment or removal of any city administrative officer or employee whom the city manager or 769 any subordinate of the city manager is empowered to appoint, but the council may express its views 770 and fully and freely discuss with the city manager anything pertaining to appointment and removal 771 of such officers and employees. The city administrative officers and employees can be assured of 772 due process in accordance with 19 Del. C. 773 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 17)) 774 Sec. 36. - Interference with administration. 775 Except for the purpose of inquiries, and investigations by council under section 39, the 776 council or its members shall deal with city officers and employees who are subject to the direction 777 and supervision of the city manager solely through the city manager, and neither the council nor its 778 members shall give orders to any such officer or employee, either publicly or privately. 779 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 18)) 780 Sec. 37. - Duties of the manager. 781 It shall be the duty of the city manager to supervise the administration of the affairs of the 782 city under his/her charge; to make such recommendations to the council concerning the affairs of 783 the city as may seem to him/her desirable; to keep the council advised of the financial conditions 784 and future needs of the city; to prepare and submit to the council the annual budget estimate; to 785 prepare and submit to the council such reports as may be required by that body; and to perform such 786 other duties as may be prescribed by this Charter or required of him/her by ordinance or resolution 787 of the council. 788 (Amd. of 7-12-2005 (S.B. 126)) 789 Sec. 38. - Right of manager to sit in council meetings. 790 The city manager and such other officers of the city as may be designated by vote of the 791 council, shall be entitled to seats in the council, but shall have no vote therein. 792 (Amd. of 7-12-2005 (S.B. 126)) 793 Sec. 39. - Investigations.

794 The city council may make investigations into the affairs of the city and the conduct of any 795 city department, office, officer, employee, or agency and for this purpose may subpoena witnesses, 796 administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey 797 a lawful order issued in the exercise of these powers by the council shall be a Class A misdemeanor 798 punishable by existing State Law. 799 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 19)) 800 Sec. 40. - Other functions of city manager. 801 The city manager shall have charge of the light and water plant operated by the city, and of 802 the light and water and sewer systems of the city. The city manager shall have charge of the 803 supervision of the streets, gutters, curbs and sidewalks of the city and of all work relating thereto. 804 The city manager shall have charge of the administration of all provisions of this Charter and 805 ordinances and regulations of the council relating to affairs of the city, when not otherwise provided 806 for by this Charter or by any ordinance or resolution of the council. The city manager shall ex officio 807 be the collector of taxes for the city. It shall be his/her duty to collect all water rents and fees for the 808 tapping of water mains and sewers, all charges for electric current and all city revenue from any 809 source whatsoever. The city manager shall pay over to the controller/treasurer at least monthly, and 810 oftener if required by council, all moneys received or collected by him/her and by any employee 811 under him/her. 812 The city manager shall keep a full and strict account of all moneys received and all transfers 813 made by him/her to the controller/treasurer and such accounts shall be at all times open to inspection 814 by the council. The city manager shall make such reports and at such times as the council shall 815 direct. 816 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 817 Sec. 41. - 818 This section has been intentionally left blank. 819 ARTICLE IV. - FINANCIAL AFFAIRS 820 Sec. 42. - Signing of warrants. 821 The controller/treasurer shall pay out no money except upon warrant signed by the city 822 manager and countersigned by the mayor. 823 The mayor and the city manager shall sign no warrants on the controller/treasurer except 824 pursuant to appropriations or resolutions theretofore made by the council. 825 The controller/treasurer shall keep a true and detailed account of all moneys received and 826 of all moneys paid out by him/her. The controller/treasurer shall preserve all vouchers for moneys 827 paid by him/her. His/her books and accounts shall at all times be open to inspection by the council 828 or the mayor or the city manager. 829 The controller/treasurer shall make such reports and at such times as the council may direct.

830 The controller/treasurer shall be required to give bond in such amount and in such form and 831 with such surety as the council shall determine or approve. 832 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 833 Sec. 43. - Fiscal year. 834 The fiscal year of the city shall begin the first day of July and shall end with the next 835 succeeding thirtieth day of June. 836 (Amd. of 7-12-2005 (S.B. 126)) 837 Sec. 44. - Annual budget. 838 On or before the second Monday of May of each year, the city manager and the 839 Controller/Treasurer shall prepare and submit to the council, a budget, presenting a financial plan 840 for conducting the affairs of the city for the ensuing fiscal year. The total of proposed expenditures 841 shall not exceed the total of anticipated income. 842 The budget shall include the following information: 843 1. A detailed statement showing the expenses of conducting each department and office 844 of the city for the current year and last preceding fiscal year. 845 2. A detailed estimate of the expenses of conducting each department and office of the 846 city for the ensuing fiscal year with reasons for the increases and decreases 847 recommended. 848 3. The amount of the debt of the city together with a schedule of maturities of bond 849 issues. 850 4. A statement showing the amount required for interest on the city debt and for paying 851 off any bonds maturing during the year and the amount required for the sinking fund. 852 5. An itemized statement of all anticipated income of the city with a comparative 853 statement of the amounts received by the city from each of the same or similar 854 sources for the last preceding and current fiscal years. 855 6. An estimate of the amount of money to be received from taxes. 856 7. Such other information as the city manager and the Controller/Treasurer may 857 think desirable or as may be required by the council. 858 The council shall on or before the second Monday in the month of June in each year adopt 859 a budget for the succeeding fiscal year. The council shall, so far as possible, adhere to the budget 860 so adopted in the making of appropriations. 861 (Amd. of 7-12-2005 (S.B. 126)) 862 Sec. 45. - Payment of claims; issuance of warrants after approval of city manager; reports by 863 manager thereon to council.

864 No claim against the city shall be paid except on an order on the controller/treasurer, signed 865 by the city manager, and approved and countersigned by the mayor. The city manager shall examine 866 all payrolls, bills and other claims and demands against the city and shall issue no warrant for 867 payment, unless he/she finds that the claim is proper and in proper form and correctly computed. 868 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 869 Sec. 46. - Annual audit. 870 Annually in the month of July the council shall have the finances of the city and the books 871 and accounts of the city manager and the controller/treasurer audited by a certified accountant. 872 As soon as practicable after such audit has been completed, the council shall cause to be 873 made and published a report of the city's finances for the preceding fiscal year. 874 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 875 Sec. 47. - General assessment; levy on utility property. 876 The city shall cause to be made a true, just, and impartial valuation and assessment of all real 877 property within the city, locating each parcel of real property by street and number or other 878 description. The assessor or assessors shall be appointed by the council at its annual meeting by 879 majority vote thereof selected by the city manager and confirmed by city council. The assessor 880 or assessors shall be directly responsible to the city manager. Before entering upon the duties 881 of office, an assessor shall be sworn or affirmed by the Mayor to perform the duties of the assessor's 882 office with fidelity and without favor or partiality. 883 Whenever council shall direct, as set forth in Chapter 102—Taxation, Article I—In general, 884 Section 102-1—Valuation and assessment, of the Dover Code of Ordinances, all real property in the 885 City of Dover shall be reassessed by an outside mass appraisal company chosen by council. The 886 mass appraisal company shall be licensed to conduct business in the State of Delaware and the City 887 of Dover and shall employ appraisers who are recognized by the Delaware Division of Professional 888 Regulations. This assessment shall be in lieu of the valuation and assessment made by the assessor 889 or assessors appointed by council as described herein above and in lieu of the assessor's duties 890 described herein above. 891 The assessor or assessors shall include supplemental assessments made annually for the 892 purposes of (1) adding property not included in the last assessment or (2) increasing or decreasing 893 the assessment value of property which was included in the last annual assessment. 894 The annual assessment date for all real property shall be January 1st of each year. The 895 assessment of all property shall be at its true value in money as of the assessment date. True value 896 in money shall be the fair market value. 897 The general assessment shall be set down by the assessor or assessors in two or more copies, 898 as the council shall direct, and shall be delivered to the council as soon as made. The council shall, 899 on the first day of April of each year, cause a copy of the general assessment to be posted in two 900 public places in the city for ten days. The assessor shall notify the public of an appeal deadline of 901 30 days from the date of general assessment posting. 902 The council may direct that appeals from any assessment be heard by a committee, known 903 as the board of assessment appeals, of not less than three members appointed by the council. The

904 board of assessment appeals shall sit at a stated place and time to hear the appeals of all taxpayers 905 dissatisfied with the assessment of their properties, shall collect such information as they consider 906 proper and necessary, and shall report their findings. 907 Notice of the place and time that the board of assessment appeals will sit to hear appeals 908 shall be posted with the general assessment in two public places for a period often days. Notice of 909 the posting of the copies of the general assessment and of the place and time of the meetings of the 910 board of assessment appeals shall be published in at least one issue of a newspaper published in the 911 city. 912 The assessment as revised and adjusted by the board of assessment appeals or superior court 913 shall be the basis for the levy and collection of taxes for the city. 914 The council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 915 communications systems, or trolley poles or other erection of like character within the limits of the 916 city, together with the wires thereon strung; and to this end the council may at any time direct the 917 same to be included in or added to the general assessment. 918 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect 919 any assessment made prior to the approval of this section or any tax levied thereunder. 920 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 21); Res. No. 2011-12 (S.B. 166), 921 11-28-2011) 922 Sec. 48. - Maximum budget. 923 The council shall in the month of June of each year determine the amount of money to be 924 raised for the city for general purposes for the next fiscal year not exceeding two percent of the total 925 taxable assessment for a general tax, and shall also determine the amount of money required to be 926 raised in such year by the city for interest, sinking fund and redemption of the bonds of the city. A 927 reasonable sum for delinquencies, discounts and costs of collection may be added by the council to 928 the amounts aforesaid. The amounts determined as aforesaid together with any additional sum or 929 sums authorized to be levied and collected, as in this section hereinafter provided, shall he levied 930 and collected by the council on the property and persons assessed as aforesaid and in accordance 931 with such assessment and according to a rate established by the council. 932 (Amd. of 7-12-2005 (S.B. 126)) 933 Sec. 49. - Payment and collection of taxes; errors and delinquents in assessments. 934 All taxes shall he paid to the collector of taxes. For all taxes not paid on or before July 31st 935 in the calendar year that they are assessed, there shall be added and collected a reasonable penalty. 936 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid 937 by the first day of October in the calendar year that they were assessed and in the collection of said 938 taxes he/she shall have all the powers conferred upon or vested in the Receiver of Taxes and County 939 Treasurer for Kent County. 940 The council shall have the authority to allow errors and delinquents in the assessment. 941 The provisions of § 8705, title 9 of the Delaware Code shall be deemed and held to apply 942 to all taxes laid and imposed under the provisions of this Charter.

943 (Amd. of 7-12-2005 (S.B. 126)) 944 Sec. 49A. - Assessment, payment, and collection of taxes for new construction. 945 In the event that the mayor and council of the City of Dover desire to collect and levy taxes 946 on newly constructed property not taxed by virtue of the city's annual assessment, the city may enact 947 an ordinance to do so provided that: At the beginning of each quarter of each year, there shall be an 948 increase in the valuation and assessment of all newly constructed real property within the city, 949 locating each parcel of real property by street and number or other description. Property shall be 950 deemed to be newly constructed when the city permits occupancy and use (certificate of occupancy) 951 or when new construction is being used or occupied for its intended purpose. The said valuation and 952 assessment shall be made by an assessor or assessors who shall be elected by council in 953 accordance with the provisions set forth in section 47 of this Charter. 954 The aforementioned assessment shall be during the months of January, April, July, and 955 October of each year. Any new construction with an added value of $25,000.00 or less shall not be 956 realized until the next annual assessment roll. The property owner may appeal any assessment for 957 new construction in accordance with section 47 of this Charter. 958 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect 959 any assessment made prior to the approval of this section or any tax levied thereunder. 960 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within 30 days of 961 billing and those taxes not paid shall accrue a penalty in the amount of one and one-half percent per 962 month. For every tax that is not paid as prescribed herein, the tax collector shall have all the powers 963 conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County. 964 The council shall have the authority to allow errors and delinquents in the assessment. 965 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from 966 time to time be amended, shall be deemed and held to apply to all taxes laid and imposed upon the 967 provisions of this Charter. 968 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 22)) 969 49B. - Realty Transfer Tax. 970 Notwithstanding any statute to the contrary, the City of Dover shall have the power by 971 ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined 972 by council, upon the transfer of real property within the city not to exceed one and one-half 973 percent or as amended by state law of the value of the real property as represented by the 974 document transferring the property. The provisions of Section 5401 and Section 5403 of 975 Chapter 54, Title 30 of the Delaware Code (30 Del. C. §§ 5401, 5403) shall apply with respect 976 to any realty transfer tax imposed by the City of Dover pursuant to the authority granted 977 herein. The council of the City of Dover may adopt an ordinance or ordinances to provide for 978 the effective administration and regulation of any tax adopted pursuant to the authority 979 conferred herein. If the taxing power and authority granted herein shall be exercised by way 980 of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not 981 receive for record documents subject to said tax unless stamps provided by the City of Dover 982 are affixed thereto showing payment of the tax. 983 (Moved from Sec. 3. - Employee pension, benefit and retirement systems authorized.)

984 Sec. 50. - Debt limit. 985 (a) Whenever the needs of the city shall require more money than is at the time in the city 986 treasury from current receipts, the council shall be authorized and empowered to anticipate 987 current revenue by borrowing such sums as shall be needed not in excess of one percent of 988 the total taxable assessment for a general tax. The amount so borrowed shall be paid back 989 out of current revenue received thereafter. 990 To exercise the power aforesaid the council shall adopt a resolution to that effect, which 991 resolution shall require the affirmative vote of at least three-fourths of all the members of 992 the council, and the approval of the mayor. The indebtedness created under this section shall 993 be evidenced by the bond, or note, of the city, and the faith and credit of the city shall be 994 deemed to be pledged thereby. 995 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on 996 the faith and credit of the City of Dover sums of money for such purposes as may be deemed 997 necessary and proper by the mayor and council of the said city which purpose shall be 998 consistent with the powers conferred upon the mayor and council of the City of Dover by 999 the Charter thereof, as amended, for the management and maintenance of the said city and 1000 for these purposes the mayor and council shall have full power and authority to issue bonds 1001 of the said "City of Dover." 1002 The aggregate of the amounts so borrowed together with all other bonded indebtedness for 1003 which the full faith and credit of the City of Dover has been pledged shall not at any time 1004 exceed a sum equal to five percent of the total assessed value of real property situate within 1005 the bounds of the City of Dover as such boundaries shall from time to time appear. 1006 The said bonds shall be issued in one or more series, shall bear such date or dates, shall 1007 mature at such time or times, shall bear interest at such rate or rates, shall be payable at such 1008 time or times, and at such place or places, shall be in such denominations, and shall contain 1009 such other provisions as the mayor and council may provide and shall be set forth in the said 1010 bonds. Said bonds may or may not be coupon bonds and may be registered or otherwise as 1011 the mayor and council deem advisable. 1012 The mayor and council shall direct and effect the preparation and sale of said bonds at such 1013 time or times, at such price or prices, and upon such terms as the said mayor and council 1014 deem advisable, and all the monies arising from the sale of said bonds shall be used for the 1015 municipal purposes of the City of Dover specified in the resolution authorizing their issue. 1016 The form of said bonds and of any coupons which may be thereunto attached shall be as 1017 prescribed by the mayor and council, and all such bonds shall be signed by the Mayor and 1018 the Treasurer of the City of Dover and sealed with the corporate seal thereof. Facsimile 1019 signatures of the mayor and treasurer and a facsimile of the corporate seal may be imprinted 1020 upon such bonds and any coupons attached to said bonds in lieu of the signatures of the said 1021 mayor and treasurer in their own handwriting and of the affixing of the corporate seal itself. 1022 Said bonds of the City of Dover shall be exempt from all state, county and municipal taxes. 1023 The Mayor and Council of the City of Dover are hereby authorized and required to levy and 1024 raise by taxation in each and every year such sums of money as may be required to pay the 1025 interest accrued on said bonds while all or any of said bonds remain unpaid, and the said 1026 mayor and the city council are further authorized and required to levy and raise by taxation,

1027 from time to time such sum or sums of money as shall be needed to establish such sinking 1028 funds as the said mayor and the city council may at their discretion authorize for the 1029 redemption of said bonds, or any of them, at or before their maturity and such sum or sums 1030 of money as shall be required to otherwise redeem any or all of said bonds at or before their 1031 maturity. Taxes for interest and for redemption of said bonds shall be levied and raised as 1032 taxes for general municipal purposes in the said city are levied and raised and shall be in 1033 addition to those levied and raised for any and all other municipal purposes. 1034 A statement appearing in the bonds issued under the provisions of this section to the effect 1035 that the bonds have been duly authorized shall be deemed and held to be conclusive evidence 1036 in favor of the lawful holder of any such bonds that the terms and conditions of this section 1037 have been fully met and complied with. 1038 (c) Bonds may he authorized and issued pursuant to subsection (b), without a referendum vote, 1039 by a resolution of the council which shall have the affirmative vote of three-fourths of the 1040 members thereof and the approval of the mayor, for the following purposes: 1041 (i) To finance capital projects, including, but not limited to, public storm sewers, water 1042 mains, sewer mains, streets and public buildings provided that no more than ¼ of one 1043 percent (.25%) of taxable assessed value of real property of aggregate principal 1044 amount of general obligation bonds may be issued at any one time pursuant to this 1045 clause and any new bonds issued pursuant to this clause may not cause the total 1046 aggregate principal amount of general obligation bonds outstanding at any one time 1047 to exceed one percent of the total taxable assessment for a general tax at the time 1048 such new bonds are issued; and 1049 (ii) To refund bonds secured by the city's full faith and credit, prior to their stated 1050 maturity, provided that (A) the present value of the aggregate principal and interest 1051 payments of the refunding bonds are not greater than the present value of the 1052 aggregate principal and interest payments on the bonds to be refunded determined 1053 by discounting at the effective interest rate on the refunding bonds, calculated based 1054 on the internal rate of return: and (B) at the time of issuance of the refunding bonds 1055 there are deposited in escrow, pledged to secure the refunded bonds, sufficient 1056 monies and/or direct obligations of, or obligation the principal of and interest on 1057 which are guaranteed by, the United States government, which, without regard to any 1058 reinvestment earnings, will be sufficient to pay when due all interest, principal and 1059 redemption price on the refunded bonds at maturity or upon earlier call for 1060 redemption. 1061 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the 1062 provisions of subsection (b) shall first be approved by a referendum vote of the qualified 1063 voters (as herein defined) of the City of Dover. 1064 Notice of the holding of such referendum election shall be authorized by resolution of the 1065 mayor and council, published once a week, for at least three consecutive weeks in at least 1066 one newspaper circulated in the City of Dover, Delaware. Such notice shall be set out in 1067 summary form the amount and purposes of such bond issue, the date and place of holding 1068 the referendum election and the hours the polls will be open. 1069 1070 At said referendum election "qualified voter" shall mean every natural person who is a 1071 resident or a nonresident taxable of the city, of the age of 18 years or upwards. Each 1072 qualified voter shall be eligible to vote and shall have one vote.

1073 The city assessor or his/her designee shall attend the election with the last city assessment 1074 and tax payment records for the inspection of the election officers. The referendum election 1075 shall be held at such date as the mayor and council shall designate. The referendum election 1076 shall be held at such suitable place in said city as the mayor and council shall designate in 1077 said published notice. The polls shall be open from 7:00 a.m. (local time), and shall close 1078 at 8:00 p.m. (local time). The judge of the election shall, in the case of a tie vote on the bond 1079 issue, cast the deciding vote, otherwise judge of the election shall refrain from voting, but 1080 the election clerks may vote. 1081 The total votes cast for and the total votes cast against the bond issue shall be certified as 1082 correct by at least two of the election officers and delivered to the mayor, or to the clerk of 1083 council immediately after the total vote count has been certified. 1084 The mayor and council shall at the next regular meeting after the election, or at a special 1085 meeting, receive the results of the referendum election and make the same a part of the 1086 minutes of said meeting, whereupon if a majority of the votes cast were for the bond issue 1087 bonds herein provided for may be issued and sold as provided in subsection (b), but if at 1088 such referendum election the majority of the votes cast were against the bond issue, then no 1089 bonds shall be issued nor shall any money be borrowed pursuant to the resolution submitted 1090 to the referendum. 1091 (e) In addition to the power otherwise granted in this section, the mayor and council may issue 1092 special assessment revenue bonds to finance those public projects for which the city may 1093 levy and collect special assessments pursuant to section 28 of this Charter. Such bonds shall 1094 not obligate the faith and credit of the city, but shall be payable solely from the proceeds of 1095 the special assessments which are pledged to the payment thereof. Such bonds shall be 1096 authorized without a referendum vote by a resolution of the council which shall have the 1097 affirmative vote of three-fourths of the members thereof and the approval of the mayor. 1098 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the 1099 sale and issuance of said bonds, the mayor and council may borrow money and issue notes 1100 of the city for the purpose and to the extent of the amount of bonds authorized to be sold, 1101 less the amount of any bonds theretofore issued under such authority. The said borrowing 1102 shall be authorized by a resolution of the council which shall have the affirmative vote of 1103 three-fourths of the members thereof and the approval of the mayor, and the note or notes 1104 thereby authorized shall be signed by the mayor and treasurer of the city. When issued and 1105 signed in accordance with this subsection (f), the faith and credit of the city shall be deemed 1106 to be pledged for the repayment of all said notes, except those issued pursuant to subsection 1107 (e) hereof. 1108 The note or notes issued in anticipation of a bond issue may be renewed from time to time, 1109 but the proceeds of the sale of such bonds shall, to the extent necessary, be first used to pay 1110 and retire such notes. Said notes may be deemed at par and accrued interest at any time prior 1111 to their maturity if the right so to do shall have been reserved. 1112 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have 1113 been refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and 1114 (ii) bonded indebtedness, principal amount of bonds and bonds outstanding shall be 1115 determined without regard to original issue discount. 1116 (Amend. of 7-12-2005 (S.B. 126); Amend. of 7-12-2007 (S.B. 146), §§ 1, 2, Amd. of 7-8-2009 (S.B. 1117 165, § 23); Res. No. 2012-02 (S.B. 173), 1-23-2012)

1118 Editor's note— It should be noted that Charter Resolution No. 2012-02 (Senate Bill No. 173) was 1119 approved by the Delaware General Assembly and was signed by said Assembly on April 19, 2012. 1120 ARTICLE V. - MISCELLANEOUS PROVISIONS 1121 Sec. 51. - Trees. 1122 Trees being among the chief beauties of the city, and their preservation requiring that they 1123 be treated with special care and intelligence, the city manager is empowered to appropriate annually 1124 an amount of money adequate for their care and preservation. The city manager may be given 1125 authority to take necessary or appropriate action to prevent injuries to trees from electric wires or 1126 from any other source or cause whatsoever, and to combat the pests and diseases to which they are 1127 subject, and when necessary to employ tree experts provided that they do not exceed the 1128 appropriation made by the council. 1129 (Amd. of 7-12-2005 (S.B. 126)) 1130 Sec. 52. - 1131 This section intentionally left blank. 1132 Sec. 53. - Police; mayor to be conservator of peace force; chief of police. 1133 There shall be a city police force, the number thereof and their salaries shall be determined 1134 by the council, but they shall be chosen and appointed by the mayor. The chief of police shall 1135 be selected by the city manager and confirmed by city council. The mayor police chief is hereby 1136 vested with all the powers of a conservator of the peace within the city limits. The mayor shall 1137 appoint a chief of police subject to removal at any time by the mayor in accordance with 1138 applicable laws. The members of the police force shall be subject to his/her direction and orders 1139 delivered through the proper chain of command and in accordance with applicable laws and 1140 ordinances. They shall preserve peace and order, and compel obedience within the city limits to the 1141 ordinances of the city and the laws of the state. They shall have such other duties as the council and 1142 the mayor shall prescribe by ordinance. 1143 Each member of the police force shall be vested with all the power and authority within the 1144 city limits and within one mile outside of said limits, (and, in the case of the pursuit of an offender, 1145 without limit) of a constable of Kent County. 1146 (Amd. of 7-12-2005 (S.B. 126)) 1147 Sec. 54. - City solicitor. 1148 At the annual meeting the The council shall elect appoint a city solicitor for the term of 1149 one year or to hold office until his/her successor has been duly chosen and qualified. 1150 The city solicitor may be removed during his/her term by a vote of three-fourths of the 1151 members elected to the council. 1152 The city solicitor shall be an attorney at law who shall have practiced in the State of 1153 Delaware for at least five years. The city solicitor shall be the chief legal adviser of and attorney for 1154 the city. It shall be his/her duty, either personally or by such assistants as they may designate, to

1155 attend meetings of the council; to give advice in writing, when so requested, to the council or the 1156 city manager to prosecute or defend, as the case may be, all suits or cases to which the city may be 1157 a party; to prosecute for all offenses against the ordinances of the city and for such offenses against 1158 the laws of the state as may be required of him/her by law; to prepare all contracts, bonds and other 1159 instruments in writing in which the city is concerned, and to endorse on each his/her approval of the 1160 form and correctness thereof; and to perform such other duties of a legal nature as the council may 1161 by ordinance require. In addition to the duties imposed upon the solicitor by this Charter or required 1162 of him/her by ordinance or resolution of the council he/she shall perform any duties imposed upon 1163 the chief legal officers of municipalities by law. 1164 At the annual meeting the The council shall elect appoint a deputy city solicitor for the 1165 term of one year or to hold office until his/her successor has been duly chosen and qualified. The 1166 deputy city solicitor shall be an attorney-at-law entitled to practice law in the State of Delaware, and 1167 shall serve in such manner as shall be determined by the city solicitor to be necessary and proper. 1168 (Amd. of 7-12-2005 (S.B. 126)) 1169 Sec. 55. - Powers of Town of Dover or town council conferred on city or city council. 1170 All powers conferred upon or vested in the Town of Dover and or the Town Council 1171 of the Town of Dover by any act or law of the State of Delaware not in conflict with the 1172 provisions of this Charter, are hereby expressly conferred upon and vested in the City of 1173 Dover and or the Mayor and Council of the City of Dover, precisely as if each of the said 1174 powers was expressly repeated in this Charter. 1175 (Amd. of 7-12-2005 (S.B. 126)) 1176 Sec. 56. - Ordinances passed by town council continued in effect. 1177 All ordinances adopted by the Town Council of the Town of Dover and in force at the 1178 time of the approval of this Charter are continued in force until the same or any of them shall 1179 be repealed, modified or altered by the city council under the provisions of this Charter. 1180 (Amd. of 7-12-2005 (S.B. 126)) 1181 Sec. 57. - Officers of town to be initial city officers; prior actions of town council ratified. 1182 The mayor and members of council at the time of approval of this enactment of this 1183 Charter shall retain their elected terms of office until re-elected or failure to be re-elected 1184 under the provisions and terms established herein. 1185 All the acts and doings of the Council of the Town of Dover or of any officials of the 1186 said town lawfully done or performed under the provisions of any law of this state or of any 1187 ordinance of the council of the said town, prior to the approval of this Charter are hereby 1188 ratified and confirmed. 1189 (Amd. of 7-12-2005 (S.B. 126))

1190 Sec. 58. - Debts due to town to be due to city; impairment of bonds. 1191 All taxes, debts, fines or penalties and forfeitures due the Town of Dover shall be 1192 deemed to be due the City of Dover, and all debts due from the said Town of Dover shall be 1193 deemed to be debts of the City of Dover, and the same imposed under the provisions of this 1194 Charter shall be deemed to apply and extend to all unpaid taxes imposed by the Town Council 1195 of Dover. 1196 The bonds given by or on account of any official of the Town of Dover shall not be 1197 impaired or affected by the provisions of this Charter. 1198 (Amd. of 7-12-2005 (S.B. 126)) 1199 Sec. 59. - Printed copies of ordinances and resolutions to be proper evidence. 1200 Printed copies of the ordinances and resolutions of the City Council of Dover, published by 1201 authority of the council, shall be admitted as evidence thereof in all courts, and in pleading it shall 1202 not be necessary to recite or draw them out at large. 1203 (Amd. of 7-12-2005 (S.B. 126)) 1204 Sec. 60. - Repeal of prior acts. 1205 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are 1206 hereby repealed. 1207 (Amd. of 7-12-2005 (S.B. 126)) 1208 Sec. 61. - Severability. 1209 If any part of this Charter, as it may from time to time be amended, are held to be 1210 unconstitutional, such holding shall not be deemed to invalidate the remaining portions of this 1211 Charter or amendments thereto. 1212 (Amd. of 7-12-2005 (S.B. 126))