Attachment

ATTACHMENT #1 - Revised 01-23-2006 (pg. 6) 2005 CHARTER REVIEW COMMITTEE MINUTES 10/20/05 PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Preamble Article I - Powers of the City Article I - General Provisions Article II - City Council Article II - Mayor and Council Article III - City Manager Article III - City Manager Article IV - Departments, Offices, and Agencies Article V - Financial Management Article IV - Financial Affairs Article VI - Elections Article VII - General Provisions Article V - Miscellaneous Provisions Article VIII - Charter Amendment Article IX - Transition and Severability Article I - Powers of the City Article 1 - General Provisions Section 1 - Municipal Corporation Continued; Boundaries. / Section 1A - Procedure to Extend Boundaries / Section 2 - Status, General Corporate Powers, Specific Provisions for Condemnation of Property *Review current provisions of condemnation of / properties in light of the recent eminent domain decision -1-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 1.01 - Powers of the City Section 3 - Enumeration of Power not Exclusive; Manner of Exercise of Powers; Employee Pension, Benefit and Retirement Systems Authorized (Not / addressed in Model City Charter) Section 3 - Enumeration of Power not Exclusive; Manner of Exercise of Powers; Employee Pension, Benefit and Retirement Systems Authorized (Not /DC addressed in Model City Charter) Section 1.02 - Construction / Section 1.03 - Intergovernmental Relations / Article II - City Council Section 2.01 - General Powers and Article II - Mayor and Council Duties Section 4 - Government Vested in Mayor and City / Council Section 2.02 - Eligibility, Terms, and Article II - Mayor and Council Composition Section 5 - Council to be Legislative Body; Size; Districts; Terms of Mayor and Councilmen; / qualifications Article II - Mayor and Council Section 7 - Nomination Petitions for Candidates for /DC Council and Mayor -2-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 2.03 - Mayor Article II - Mayor and Council Section 14 - Duties of Mayor Section 15 - Council President/Vice-Mayor, duties of / CODE REFERENCE: Chapter 2 - Administration, Article IV - Officers and Employees, Division 2 - Mayor, Section 2-221. Duties and Responsibilities. Section 2.04 - Compensation; Article II - Mayor and Council Expenses Section 12 - Compensation and Expenses–Mayor and Council and Other Elected or Appointed Officials CODE REFERENCE: Chapter 2 - Administration, / Article IV - Officers and Employees, Division 1 - Generally, Section 2-201 - Compensation and Expenses for Mayor, Council, Employees and Other Elected or Appointed Officials Section 2.05 - Prohibitions Article II - Mayor and Council (a) Holding Other Office Section 5 - Council to Be Legislative Body; Size; Districts; Terms of Mayor and Councilmen; Qualifications. / Article III - City Manager Section 33 - the City Manager Generally -3-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE (b) Appointments and Removals Article III - City Manager (c) Interference with Administration Section 35 - Removal of Employees by Manager Section 36 - Council Not to Interfere with / Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same Section 2.06 - Vacancies; Forfeiture of Article II - Mayor and Council Office; Filling Vacancies Section 13 - Filling Vacancies for Council or / Mayor Section 2.07 - Judge of Qualifications Article II - Mayor and Council Section 11 - Council to Be Judge of Election Results and Qualification of Members; Power to / Fix Procedure *Possible Split (Power to Fix Procedure) Section 2.08 - City Clerk Article II - Mayor and Council Section 16 - Clerk of Council / Article II - Mayor and Council Section 17 - City Treasurer / Section 2.09 - Investigations Article III - City Manager Section 39 - Investigations by Council / Section 2.10 - Independent Audit Article IV - Financial Affairs Section 46 - Annual audit / -4-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 2.11 - Procedure Article II - Mayor and Council Section 9 - Meetings of mayor and (a) Meetings council--Generally Section 10 - Meetings of mayor and council--Procedure. State law references: Open meetings required, 29 Del. C. § 10004. / CODE REFERENCE: Chapter 2 - Administration, Article II - City Council, Division 2 - Meetings Section 2-51. Regular meetings Section 2-52. Special meetings. Section 2-53. Cancellation of meetings; one meeting per month required (b) Rules and Journal Article II - Mayor and Council Section 10 - Meetings of Mayor and Council--Procedure. Section 11 - Council to be judge of election results and qualification of members; power to fix / procedure. *Section 2.07 (Redundant)*Possible Split (Power to Fix Procedure) (c) Voting Article II - Mayor and Council Section 10 - Meetings of Mayor and Council--Procedure. / *Amend to Address Electronic Voting Section 2.12 - Action Requiring an /Article II - Mayor and Council Ordinance /DC Section 18 - Ordinances authorized; / /DC maximum penalty for violation. -5-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 2.13 - Ordinances in General Article II - Mayor and Council Chapter 1 - General Section 18. Ordinances authorized; maximum Provisions, penalty for violation. Section 1-9 - Sponsoring, Consideration, Passage /DC and Effective Date of Ordinances and Charter Amendments Article II - Mayor and Council Section 21 - Power of Council to Adopt Zoning (Corrected Ordinances / 01/23/06 - moved to City Section 19 - Power of Council to Define and Abate Code) Nuisances Section 2.14 -Emergency Ordinances Chapter 1 - General KEEP Provisions, DC Section 1-9 - Sponsoring, Consideration, Passage and Effective Date of Ordinances and Charter Amendments -6-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 2.15 - Codes of Technical Article II - Mayor and Council Regulations Section 20 - Power of Council to Provide for Fire Protection Measures CODE REFERENCE: Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-121 - Adopted. (a) International Fire Code adopted Article II - Mayor and Council Section 22. - Power of council to regulate construction of buildings and require permits; / building inspector authorized. CODE REFERENCE: Chapter 22 - Buildings and Building Regulations Article III - Building Code, Section 22-61 - Adopted Article VI - Plumbing Code, Section. 22-181. Adopted Article IV - Electrical Installations, Section 22-101 - Electrical code adopted Article V - Mechanical Code Sec. 22-141. Adopted. Article VII - Property Maintenance Code Section 22-221. Adopted Section 2.15 - Codes of Technical Article II - Mayor and Council Regulations (Continued) Section 25 - Power of Council to Operate Light, Power or Water Plant. CODE REFERENCE: Chapter 110 - Utilities, Article II / - Electric Service Section 110-31 - Electric service handbook incorporated by reference -7-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 2.16 - Authentication and Chapter 1 - General KEEP Recording; Codification; Printing of Provisions DC Ordinances and Resolutions Section 1-16 - Supplementation of Code. Article III - City Manager Article III - City Manager Section 3.01 - Appointment; Section 33 - The City Manager Generally Qualifications; Compensation *Possible Change in Title / Section 3.02 - Removal Section 33 - The City Manager Generally / Section 3.03 - Acting City Manager /DC Section 3.04 - Powers and Duties of Section 34 - Responsibility of manager; powers of the City Manager appointment and removal. Section 35 - Removal of Employees by Manager / Section 37 - Duties of the Manager Section 40 - Other Functions of City Manager. Article III - City Manager Article III - City Manager (Continued) (Continued) Section 38 - Right of Manager to Sit in Council Meetings / -8-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Article IV - Departments, Offices, and Agencies Section 4.01 - General Provisions Article II - Mayor and Council Chapter 26 - Businesses, Section 20 - Power of council to provide for fire Article II, Licenses, protection measures. Section 26-32 - Licensing Division of the CODE REFERENCE: Chapter 46 - Fire Prevention Department of Planning and Protection, Article II - Fire Department, Division and Inspections Created. 1 - Generally, Section 46-41 - Created; purpose *Revisit with Regard to Who Provides Fire Chapter 38, Emergencies Protection for Annexed Properties - Article II, Civil ~~~ Emergencies Article II - Mayor and Council, Section 22 - Power Section 38-52 - Director of Council to Regulate Construction of Buildings and Require Permits; Building Inspector Chapter 74 - Parks and Authorized Recreation, Section 74-4 / - Director CODE REFERENCE: Chapter 22 - Buildings and Building Regulations Article II - Building Inspector, Section. 22-31 - Office created; appointment. ~~~ Article II - Mayor and Council, Section 23 - Power of Council to Create City Planning Commission; Members Generally CODE REFERENCE: Chapter 82 - Planning, Section 82-1 -Planning Commission and 82-2 - City Planner -9-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 4.01 - General Provisions Article II - Mayor and Council, Section 24 - Power (Continued) of Council to Franchise or License Public Utilities and Common Carriers Article II - Mayor and Council, Section 25 - Power of council to operate light, power or water plant *Recommend Adding “and Other Enterprise Funds” CODE REFERENCE: Chapter 110 - Utilities, Article II - Electric Service, Section 110-31 - Electric service handbook incorporated by reference CODE REFERENCE: Chapter 110 - UTILITIES, / ARTICLE III - WATER SERVICE, Section 110-62 - Water department created. CODE REFERENCE: Chapter 110 - UTILITIES, ARTICLE IV - SEWER SERVICE, Section 110-232 - Sewer department created. Article II - Mayor and Council Section 26 - Power of Council with Reference to Sewers CODE REFERENCE: Chapter 10 - Utilities, Article IV - Sewer Service -10-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 4.01 - General Provisions Article II - Mayor and Council (Continued) Section 27 - Power of Council to Layout, Locate, Abandon, etc., Streets, Sidewalks, etc CODE REFERENCE: Chapter 98 - Streets, Sidewalks and Other Public Places, Article I - In General, Section 98-1 - Street department created; purpose. Article II - Mayor and Council Section 28 - Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; municipal lien docket. *Discuss Details Further / Article II - Mayor and Council Section 29 - Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades thereon and regulate Article II - Mayor and Council Section 30 - Power of Council to Provide for Disposal of Garbage and Sewage Article II - Mayor and Council Section 31 - Power of council to regulate parking and provide parking lots -11-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 4.02 - Personnel System Article II - Mayor and Council Article V - Miscellaneous Provisions, Section 53 - Police; Mayor to Be Conservator of Peace CODE REFERENCE: Chapter 62 - Law Enforcement, Article II - Police Department, Section 62-31 - Generally. (a) Established. / Article II - Mayor and Council Section 12 - Compensation and expenses--Mayor and council and other elected or appointed officials Article II - Mayor and Council Section 32 - Council to determine salaries of city appointees and employees. Section 4.03 - Legal Officer Article V. Miscellaneous Provisions - Section 54. City solicitor. / Sectio n 4 . 0 4 - Lan d Use, Appendix B - Zoning KEEP Development, and Environmental Planning Article V - Financial Management Article IV - Financial Affairs Section 42. Signing of warrants. /DC Section 5.01 - Fiscal Year Section 43 - Fiscal Year /DC Section 5.01 - Fiscal Year Section 43 - Fiscal Year /DC Section 5.02 - Submission of Budget Section 44. Annual budget and Budget Message / -12-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 5.03 - Budget Message Section 44. Annual budget / Section 5.04 - Budget Section 44. Annual budget / Section 5.05 - City Council Action on Section 44. Annual budget Budget / Section 45. Payment of claims; issuance of warrants after approval of city manager; reports by /DC manager thereon to council. Section 47. General Assessment; Levy on Utility Property /DC Section 5.06 - Appropriation and Section 48. Maximum budget. Revenue Ordinances Section 49A. Assessment, payment, and collection /DC of taxes for new construction. Section 49. Payment and Collection of Taxes; Errors and Delinquents in Assessments /DC Section 50. Debt Limit / Section 5.07 - Amendments After Adoption / Section 5.08 - Administration and Fiduciary Oversight of the Budget / Section 5.09 - Capital Program / Section 5.10 - City Council Action on Capital Program / Section 5.11 - Independent Audit Article IV - Financial Affairs Section 46 - Annual Audit / Section 5.12 - Public Records Governed by State Laws / -13-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Article V - Miscellaneous Provisions Section 51 - Trees /DC Section 52 - Blank / Section 55 - Printed Copies of Ordinances and Resolutions to be Proper Evidence /DC Section 56 - Repeal of Prior Acts / Article VI - Elections Section 6.01 - City Elections Article II - Mayor and Council (a) Regular Elections Section 6 - Municipal Election Dates Article II - Mayor and Council Section 8 - Time and Place of Elections; Election / Board; Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; Voter Registration; Official Ballots and Voting Machines; Absentee Ballots (b) Registered Voter Defined Article II - Mayor and Council Section 8 - Time and Place of Elections; Election Board; Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; Voter Registration; Official Ballots and Voting / Machines; Absentee Ballots CODE REFERENCE: Chapter 34 - Elections, Article II - Voter Registration, Section 34-31 - Requirements. -14-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE (c) Conduct of Elections Article II - Mayor and Council Section 8 - Time and Place of Elections; Election Board; Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; / Voter Registration; Official Ballots and Voting Machines; Absentee Ballots (d) Proportional Representation Article II - Mayor and Council, Section 8 - Time and Place of Elections; Election Board; Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; Voter Registration; / Official Ballots and Voting Machines; Absentee Ballots (e) Beginning of Term Article II - Mayor and Council, Section 9 - Meetings of Mayor and Council--generally / Section 6.02- Council Districts; Article II - Mayor and Council, Section 5 - Council Adjustment of Districts (for use with to Be Legislative Body; Size; Districts; Terms of Alternatives II, III and IV of § 6.03) Mayor and Councilmen; Qualifications / (a) Number of Districts CODE REFERENCE: Chapter 2 - Administration, Article II - City Council, Division 1 - Generally, Section 2-31 - District boundaries (b) Districting Commission; Article II - Mayor and Council Composition; Appointment; Terms; Section 8 - Time and Place of Elections; Election Vacancies; Compensation Board; Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; / Voter Registration; Official Ballots and Voting Machines; Absentee Ballots (c) Powers and Duties of the Article II - Mayor and Council Commission; Hearings, Submissions Section 5 - Council to be legislative body; size; and Approval of Plan districts; terms of mayor and councilmen; / qualifications. -15-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE (d) Districting Plan; Criteria Article II - Mayor and Council, Section 5. Council to be legislative body; size; districts; terms of / mayor and councilmen; qualifications (e) Effect of Enactment / Section 6.03 - Methods of Electing Article II - Mayor and Council, Section 5. Council Council Members to be legislative body; size; districts; terms of / mayor and councilmen; qualifications. Section 6.04 - Initiative, Citizen Referendum, and Recall / -16-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Article VII - General Provisions Section 7.01 - Conflicts of Interest; Chapter 30 - Code of KEEP Board of Ethics Conduct and Ethics DC Commission Article II - Code of Conduct Article III - Ethics Commission, Section 30-71 - Established; Composition; Removal; T e r m s o f O f f i c e; Vacancies; Chairperson; Quorum; Compensation; Legal Counsel. Section 7.02 - Prohibitions Chapter 30 - Code of KEEP Conduct and Ethics DC Commission Section 30-33 - Prohibitions Relating to Conflicts of Interest Section 7.03 - Campaign Finance Governed by State Laws Article VIII - Charter Amendment Please Note Introduction - City is in that class; therefore, article cannot be used Article IX - Transition and Severability -17-

PROPOSED M ODEL CITY CHARTER CURRENT CITY CHARTER CITY CODE CITY CHARTER DELETE Section 9.01 - Officers and Employees / (a) Rights and Privileges Preserved / Section 9.02 - Departments, Offices, and Agencies /DC Section 9.03 - Pending Matters /DC Section 9.04 - State and Municipal Laws / Section 9.05 - Schedule / Section 9.06 - Severability Article V - Miscellaneous Provisions - Section 61 - Severability / S:\ClerksOffice\Projects\Charter Review\2005 Ad-Hoc Charter Review Committee\Meeting Documents\Comparative Table Revised as a Result of 10-20-2005 meeting - Revised to Correct 01-23-2006.wpd -18-