ATTACHMENT #1 LF&A Minutes of 2/14/2005

Transcription

1 ATTACHMENT #1 LF&A Minutes of 2/14/2005 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That the General Assembly of the State of Delaware is hereby requested that the Charter of the City of Dover be consolidated into one complete Act and in certain respects further amended and revised Subpart A, Charter, Sections 1 through 61, and Subpart B, Related Laws, Sections 1 through 3. ADOPTED: * S:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2005\ LF&A - Attachment #1 - Reincorporation-Resolution.wpd

2 ATTACHMENT #1 LF&A Minutes of 2/14/2005 AN ACT TO REINCORPORATE THE TOWN OF DOVER. 1 WHEREAS, it is deemed advisable that the Charter of the City of Dover, set forth in 36 Del. Laws c. 158, with 2 subsequent amendments, be consolidated into one complete Act and in certain respects further amended and revised. 3 NOW, THEREFORE: 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected 5 to each house thereof concurring therein): 6 "CHARTER OF THE CITY OF DOVER 7 ARTICLE I. GENERAL PROVISIONS 8 Sec. 1. Municipal corporation continued; boundaries. 9 The municipal corporation of the State of Delaware, known as "The City of Dover" shall continue to be a body 10 politic and corporate. The boundaries of the City of Dover are hereby established and declared as recorded on the official 11 map of record in the Recorder of Deeds Office for Kent County and State of Delaware as presently existing and as hereinafter 12 amended. 13 Sec. 1A. Procedure to extend boundaries. 14 In order to extend the boundaries of The City of Dover the council shall adopt a resolution proposing the inclusion 15 of territory or territories within the limits of The City of Dover and calling for a special election to be held in said territory 16 or territories in accordance with Title 22, Chapter 1, Section 101, Delaware Code insofar as applicable. Said resolution shall 17 contain a description of the territory or territories proposed to be annexed and shall specify the date of such election, which 18 shall be not less than thirty (30) nor more than sixty (60) days after the adoption of said resolution, and the place or places 19 of said election. Said resolution shall be published in at least two (2) issues of a newspaper of general circulation within the 20 City of Dover at least two (2) weeks prior to the day of said election. 21 Elections may be held in more than one of said territories on the same day, but the said elections shall be separate; 22 only the votes of qualified voters of a territory as herein described shall be counted in the election to determine whether the 23 territory shall be annexed. 24 Any such election shall be held by the election officers of the election district or districts of Kent County which shall 25 include the territory proposed to be annexed. Every person eighteen (18) years of age or upwards who is duly registered upon 26 the books of registered voters for said election district, or districts, who is a resident of the territory proposed to be included 27 within the limits of the City of Dover, and who does not own real estate within said territory shall be entitled to one vote at 28 the election to determine whether said territory shall be annexed; and every person who is the owner of real estate within a Page 1 of 36

3 29 territory proposed to be included assessed to him on the assessment records of Kent County, shall be entitled to one vote. 30 Owners of real estate in common shall be entitled to one vote each. Life tenants shall be entitled to one vote each but the 31 holders of the remainder interest or similar interest subject to the life estate shall not be entitled to vote. Corporations, firms 32 or associations shall be entitled to one vote, the same as private persons. 33 The Council of the City of Dover shall provide the ballots for any such election and shall bear the cost of holding 34 such election. The ballots shall briefly indicate the territory proposed to be included and shall provide two boxes on the ballot 35 beside which shall appear the words "FOR inclusion within The City of Dover," and "AGAINST inclusion within The City 36 of Dover." Each voter shall indicate his preference by making a mark in pencil within the box beside the words expressing 37 his preference. 38 At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m. When the polls are closed the election 39 officers shall publicly count the votes and forthwith certify to the clerk of the council the number of votes cast for and against 40 inclusion within the city limits. At the next regular or special meeting of the council the mayor and council shall receive the 41 results of the election and make the same a part of the minutes of said meeting. 42 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the 43 inclusion of that territory, the council may thereupon adopt a resolution annexing said territory and including same within 44 the limits of The City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified by the clerk of 45 council and a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County, and the 46 area so annexed shall for all purposes thenceforth be part of The City of Dover. 47 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion 48 of that territory within the limits of The City of Dover, the proposed annexation of said territory shall be declared to have 49 failed. Nothing in this Charter shall prohibit the council from resubmitting a proposal of annexation to the voters of said 50 territory, or any portion thereof, under the authority of this section and in accordance with the provisions thereof. 51 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 52 The inhabitants of the City of Dover within the boundaries defined in Section 1 of this Charter, or within the 53 boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "The City of Dover," and 54 under that name shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may hold and 55 acquire by purchase, gift, devise, lease or condemnation, real property and personal property within or without its boundaries 56 for any municipal purpose, in fee simple or lesser estate or interest, and may sell, lease, hold, manage, and control such 57 property as its interest may require; and shall have all other powers and functions requisite or appropriate for the government Page 2 of 36

4 58 of the city, its peace and order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well-being 59 of its population, and the protection and preservation of property, public and private. 60 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property under 61 this Charter, except as is herein otherwise specifically provided, the Council must follow applicable State Law. procedure 62 shall be as follows, to wit: 63 The council shall, by a majority vote, adopt a resolution favorable to the acquisition of such real 64 property or personal property, as the case may be, giving a sufficient description of such property, whether 65 real or personal, as shall identify said property and as shall determine the amount of the property proposed 66 to be taken. The said resolution shall also state the day, hour and place when the said council will sit to 67 hear objections and to award just and reasonable compensation to any one who will be deprived of 68 property. A copy of such resolution shall be posted in five (5) or more public places in the city at least five 69 (5) days before the day fixed for the hearing aforesaid. 70 At the time and place fixed in the said resolution, said council shall hear such residents of the city 71 or owners of the property affected as shall attend, and shall at said meeting, or at a subsequent day, as they 72 shall deem proper, adopt a resolution by a majority vote to proceed with or to abandon, the proposed 73 acquisition of the property mentioned in the original resolution, as they shall deem for the best interest of 74 the said city. And in case the determination of the said council shall be to proceed with the plan 75 contemplated by the resolution first aforesaid, they shall also award just and reasonable compensation to 76 anyone who will be deprived of property in consequence thereof. Such compensation, if any be awarded, 77 shall be paid by the treasurer of the city, on a warrant drawn on him by authority of the council aforesaid. 78 If anyone who will be deprived of property as aforesaid be dissatisfied with the compensation awarded by 79 the council aforesaid, he may within five (5) days after the award of the council, as aforesaid, appeal from 80 such award by serving written notice to that effect on the city manager. In order to prosecute said appeal 81 such appellant shall, within five (5) days after the expiration of the five (5) days allowed for the appeal as 82 aforesaid, apply to the Judge of the Superior Court for the State of Delaware resident in Kent County, or 83 in his absence at said time, to the chief justice of the said court, for the appointment of freeholders to hear 84 and determine the matter of compensation to such appellant for any property of which he will be deprived 85 as aforesaid, and thereupon the said judge or chief justice, as the case may be, shall issue a commission 86 under his hand directed to five (5) impartial freeholders of Kent County commanding them to determine Page 3 of 36

5 87 and fix the damages which the said appellant will sustain by reason of being deprived of any property as 88 aforesaid, taking into consideration the benefits or advantages that will enure to the said appellant, and to 89 make return of their findings to the said judge or chief justice, as the case may be, at a time therein 90 appointed. The said freeholders shall give notice of the day, hour and place when they will meet to view 91 the premises and to assess the damages, if any, as aforesaid. Such notice shall be served upon the appellant 92 personally, or by posting a copy on the premises affected at least five (5) days before the day when they 93 are to view the premises as aforesaid and a copy of such notice shall also be served on the city manager 94 at least five (5) days before the day of such meeting. 95 The freeholders named in such commission, being first sworn or affirmed, on the day and at the hour and place stated 96 in the notice aforesaid, shall view the premises and hear the appellant and his witnesses and the council and their witnesses, 97 and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being 98 deprived of any property as aforesaid. Thereupon and without delay the said freeholders shall make return in writing of their 99 proceedings in the premises to the said judge or chief justice, as the case may be, who shall cause the said return to be 100 delivered to the said city manager and such return shall be final and conclusive. The said judge or chief justice shall have 101 power to fill any vacancy among the freeholders. The amount of damages being ascertained as aforesaid, the said council 102 may pay or tender the same to the person or persons entitled thereto, within one month after the same shall be finally 103 ascertained, or may deposit the same to his or her credit in any bank in the city to the credit of the person or persons entitled 104 thereto within the said period of one month, and thereupon the said council may carry into effect the plan contemplated in 105 their resolutions aforesaid. In the ascertainment and assessment of damages by the freeholders appointed by the judge or chief 106 justice aforesaid, if the damages shall be increased, the costs of the appeal shall be paid by the treasurer of the city out of any 107 money in his hands belonging to the city, but if said damages shall not be increased the costs of the appeal shall be paid by 108 the party appealing. The fees to the freeholders shall be five dollars ($5.00) per day to each, which shall be taxed as part of 109 the costs. 110 Sec. 3. Enumeration of power not exclusive; manner of exercise of powers; employee pension, benefit and retirement 111 systems authorized. 112 The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition 113 to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that The City of Dover 114 shall have, and may exercise, all powers which, under the Constitution of the State of Delaware, it would be competent for 115 this Charter specifically to enumerate. All powers of the City, whether expressed or implied shall be exercised in the manner 116 prescribed by this Charter, or, if not prescribed herein then in the manner provided by ordinance or resolution of the council. Page 4 of 36

6 117 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or benefits 118 through group insurance or otherwise as may be found proper and necessary, providing for life, accident, health, 119 hospitalization and death benefits, or any or either of them, for the regular employees of the said "The City of Dover." The 120 said "The City of Dover" is hereby authorized, empowered and permitted to enter into an agreement or agreements with one 121 or more insurance companies to provide a group insurance plan or plans, as may be required or proper to carry out such 122 system of pensions or benefits. The election to exercise such authority on the part of the city shall be evidenced by an 123 ordinance or resolution duly adopted by the Council of The City of Dover as other ordinances or resolutions are adopted, and 124 the same shall be recorded in the official minutes of the said council. Such ordinance or resolution shall provide for and 125 establish a fund for the payment of the costs of such pension system or benefits by making appropriations out of the treasury 126 of the said "The City of Dover," or by requiring contributions payable from time to time by the employees included in such 127 plan or plans, or by a combination of both, or by any other method not prohibited by law. The participation in any plan 128 adopted shall be deemed to be mandatory by the City of Dover and made a condition of employment and continuing 129 employment. 130 The city council shall have power to enact ordinances for a pension or retirement system for the police of the City 131 of Dover, and to set aside a special fund for that purpose which fund shall be administered in accordance with ordinances 132 made and provided in that behalf and the laws of the State of Delaware. 133 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose and 134 collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real property within the 135 city not to exceed one and a half percent (1.5%) of the value of the real property as represented by the document transferring 136 the property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with 137 respect to any realty transfer tax imposed by the City of Dover pursuant to the authority granted herein. The Council of the 138 City of Dover may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax 139 adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by 140 way of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record documents 141 subject to said tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax. 142 ARTICLE II. MAYOR AND COUNCIL 143 Sec. 4. Government vested in mayor and city council. 144 The government of the said city and the exercise of all the powers conferred by this Charter (except as otherwise 145 provided herein) shall be vested in a mayor and city council. Page 5 of 36

7 146 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications. 147 The council shall be the legislative body of the city and composed of nine (9) members nominated and elected as 148 herein provided. 149 In order that the members of council shall be distributed over the city, the city shall be divided into four (4) election 150 districts, the district boundaries of which shall be established by council so that the districts are nearly equal in population 151 as shown by the most recent federal decennial census. The district boundaries established for municipal elections shall 152 continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State 153 of Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in population in 154 accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall 155 be followed by council after each succeeding federal decennial census in this manner so that the districts shall be maintained 156 as nearly equal in population as possible at all times. 157 The term of mayor shall be for a period of two (2) years commencing on the second Monday in May following his 158 election and continuing for a term of two (2) years until the second Monday in May or until his successor has been duly 159 elected and qualified. 160 The term of the councilmen shall be for two (2) years. In each regular municipal election held in an odd numbered 161 year, five (5) councilmen shall be elected, four (4) by district voting being from the districts and one at-large as stated herein. 162 In each regular municipal election held in an even numbered year, four (4) councilmen shall be elected by district voting from 163 each of the districts of the city. 164 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the election 165 be: 166 (1) A citizen of the United States and of the State of Delaware; 167 (2) A resident of the city and having continuously resided therein or in an area annexed to the city during the 168 two (2) years next preceding the day of the election; 169 (3) A resident of the election district from which he is seeking election, unless he is seeking election as an 170 at-large councilman or mayor; 171 (4) Twenty-one (21) years of age; and 172 (5) Nominated therefor, as hereinafter provided. Page 6 of 36

8 173 If a councilman files and runs for mayor, whether or not he is elected to said office, the term as councilman shall 174 automatically expire on the second Monday of May on the year of the election; and if he has a year remaining on his term, 175 then his office as councilman shall be filled at the same annual election in which he has filed to run for the office of mayor. 176 Sec. 6. Municipal election dates. 177 Regular municipal elections shall be held each year on the third Tuesday in April and shall be known as regular 178 municipal elections. All other municipal elections that may be held shall be known as special municipal elections. At the 179 regular municipal election held on the third Tuesday in April of any odd numbered year, five (5) councilmen shall be elected 180 for a term of two (2) years, four (4) of whom shall be elected by district voting from each of the districts as designated by 181 council and one of whom shall be elected by at-large voting by all voters of the city, as provided in Section 5 of this Charter. 182 At the regular municipal election held on the third Tuesday in April of any even numbered year, four (4) councilmen shall 183 be elected by district voting from each of the districts as designated by council for a term of two (2) years, and a mayor shall 184 be elected by the voters of the city for a term of two (2) years, as provided in Section 5 of this Charter. 185 Sec. 7. Nomination petitions for candidates for council and mayor. 186 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less than 187 ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of council on or before 4:00 p.m. on the 188 second Friday of February of each year for candidates for council and on or before 4:00 p.m. on the last working day in 189 January for candidates for mayor in the years when a mayor is to be elected. Should the second Friday of February fall on 190 a legal holiday, the filing date shall be 4:00 p.m. on the next working day thereafter which is not a legal holiday. 191 Whenever a petition nominating a person for the office of mayor or councilman shall have been filed as above 192 prescribed, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the 193 office for which he was nominated, provided he possesses the qualifications prescribed by this Charter for a candidate for 194 such office. 195 No nominating petition shall designate more than one person to be voted for as a member of council or as mayor. 196 The signers of a nominating petition for a member of the council must be electors of the city residing in the city 197 election district in which the nominee resides; but the signers to the nominating petition for the mayor and for the at-large 198 councilman may be city electors residing in the city at-large. 199 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number of 200 signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose 201 name it purports to be, and that all of said signers are entitled to vote at the regular municipal election referred to; and, in the 202 case of a petition nominating a candidate for councilman running from a particular district and to be elected by district voting, Page 7 of 36

9 203 that the circulator of the petition verily believes that each signer of said petition is a resident of the same city election district 204 in which the nominee resides. 205 With each signature shall be stated the place of residence of the signer, giving the street and number or other 206 description sufficient to identify the same. The form of the nominating petition shall be substantially as follows: 207 We, the undersigned, electors of The City of Dover, hereby nominate, who 208 resides in the City District of the said City of Dover, for the office of 209 Councilman (or for the office of Mayor as the case may be) to be voted for at the regular 210 municipal election to be held in the said City, on the day of in the year 211 ; and we individually certify that we are qualified to vote for a candidate for the office 212 named, and that we have not signed any other nominating petition for that office, and that our 213 places of residences are truly stated after our signatures. 214 Name 215 Street and Number 216 (Space for Signatures) 217 STATE OF DELAWARE 218 KENT COUNTY 219 SS. 220 being duly sworn (or affirmed) deposes and says that he is the circulator of 221 the foregoing petition paper containing signatures, and that the signatures 222 appended thereto were made in his presence, and are the signatures of the persons whose names 223 they purport to be, and that he verily believes the residence of each signer thereof to be truly 224 stated, and that all of said signers are entitled to vote at the regular municipal election referred to 225 in said paper; and, in case the petition is nominating a candidate for councilman to be elected 226 from a specific district by district voting, that each signer of said petition is a resident of the same 227 city election district in which the nominee resides. 228 (Signed) 229 Subscribed and sworn to (or affirmed) before me this day of 230 Justice of the Peace (or Notary Public) Page 8 of 36

10 231 Sec. 8. Time and place of elections; election board; counting of votes; determination of winners; tie votes; persons 232 eligible to vote; voter registration; official ballots and voting machines; absentee ballots. 233 The regular municipal election shall be held annually on the third Tuesday of April. At each such regular municipal 234 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of election and 235 make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the 236 conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud. 237 All elections shall be held by an election board which shall consist of the alderman and the necessary number of 238 election board members as determined and designated by the election board. The alderman City Clerk may designate such 239 other persons as he shall deem necessary to assist the members of the election board in the conduct of the election and 240 counting of the ballots. Should any or all of the members of the election board be absent from the place of election at 7: a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time the polls are open and 242 until the ballots are counted and the results of the election certified, the voters of the city present at such time may choose 243 from the qualified voters of the city such person or persons as shall be necessary to fill places made vacant by the absence 244 or neglect aforesaid. 245 When the polls are closed, the election board shall publicly count the votes and shall certify the results of the election 246 to each of the persons selected and to the council. The candidate for the office of mayor who receives the highest number 247 of votes cast for that office shall be declared to be elected mayor; the candidate for the office of at-large councilman who 248 receives the highest number of votes cast for that office shall be declared to be elected at-large councilman; and the candidates 249 for the offices of councilmen from each district who receive the highest number of votes cast by voters who reside in that 250 district and cast votes for councilmen of that district shall be declared to be elected to that office. In the event of a tie vote 251 for any office, a special election for said office(s) only shall be held within thirty (30) days and the registration books shall 252 remain closed until the outcome of the special election is determined. 253 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the election 254 and who is properly registered to vote shall be entitled to vote at all regular or special municipal elections. A voter will be 255 considered properly registered to vote if he is properly registered to vote for state elections in accordance with Title 15 of 256 the Delaware Code as amended. 257 The council shall provide for the use of voting machines in all regular and special municipal elections in conformity 258 with Title 15 of the Delaware Code by ordinance duly adopted by council. Voting machines shall be used in accordance with 259 Title 15 of the Delaware Code and by ordinance duly adopted by council. The names of the candidates for each office shall Page 9 of 36

11 260 be listed in alphabetical order on the voting machines under the name of the office to which they seek election. The voters 261 shall designate their choice of candidates in accordance with the regular method of operation of voting machines. The council 262 may provide sample ballots plainly marked as such and printed on paper of any color except white to be distributed to any 263 voter or candidate who requests them prior to or during the election. 264 Any qualified voter, duly registered, who shall be unable to appear to cast his ballot at any election either because 265 of being in the public service of the United States or of this state, or because he will be unavoidably absent from the city on 266 the day of the election, or because of his sickness or physical disability may cast a ballot at such election by absentee ballot 267 to be counted in the total of such election. The council may provide the rules and regulations for such absentee voting by 268 ordinance for all elections. 269 Sec. 9. Meetings of mayor and council--generally. 270 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and council shall meet 271 at the usual place for holding council meetings and the newly elected officers shall assume the duties of office, being first duly 272 sworn or affirmed to perform their duties with fidelity. Such meeting shall be called or known as the annual meeting. 273 Thereafter, the council shall hold regular meetings at such times as may be prescribed by ordinance, but not less frequently 274 than once each month. Special meetings may be called and held as prescribed by ordinance. All meetings of the council shall 275 be open to the public except scheduled executive sessions. 276 At the annual meeting held on the second Monday in May, the members of council shall elect one of their members 277 to serve as council president, such term to be in effect until the next regularly scheduled annual meeting or until a successor 278 is elected. The council president shall serve as vice-mayor. Council president shall preside over regular and special council 279 meetings. 280 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting present 281 a state of the city message and offer mayoral appointments for council confirmation. The mayor, upon recommendation from 282 the council president, will present council appointments for council approval. 283 In the event of absence of the council president, then the senior member of council in terms of length of service as 284 a councilman shall assume the duties of the council president and shall be designated council president acting. In the event 285 that two (2) or more members of council have the same seniority in terms of length of service as a councilman, then the 286 members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of 287 the duties and responsibilities of council president during his period of unavailability or absence. Page 10 of 36

12 288 Sec. 10. Same Meetings of Mayor and Council--Procedure. 289 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number may 290 adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may 291 be prescribed by ordinance. 292 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a majority 293 of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor in those cases where the 294 vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided that in the absence of such approval by 295 the mayor, or the vice-mayor as the case may be, the council may, after not less than seven (7) days nor more than thirty-five 296 (35) days after the prior vote, pass or adopt the said ordinance, resolution, motion or order which did not receive the approval 297 of the mayor, or the vice-mayor, by the affirmative vote of two-thirds of the members elected to council. 298 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, or the 299 vice-mayor, to signify his approval or disapproval thereof in writing to the clerk of the council within seven (7) days 300 thereafter. The clerk of the council shall forthwith notify the members of the council of such approval or disapproval. 301 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not require 302 the approval of the mayor or vice-mayor. 303 A councilman may abstain from voting on a matter that he feels would involve the consideration of his own official 304 conduct, on a matter in which he has a financial interest, in a matter in which he has a conflict of interest or in accordance 305 with a policy adopted by council. 306 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together with the 307 text of the ordinance or resolution upon the journal of the proceedings of the council. The journal shall be deemed conclusive 308 evidence of the facts stated therein except in the case of fraud. 309 Sec. 11. Council to be judge of election results and qualification of members; power to fix procedure. 310 The council shall be the judge of the election results and qualification of its members and, in such cases, shall have 311 power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the 312 council in any such case shall be subject to review by the courts. The holding over members shall constitute the council for 313 the purpose of determining election contests. The council shall determine its own rules and order of business and keep a 314 journal of its proceedings. It shall have power to compel the attendance of absent members, and may punish its members for 315 disorderly behavior. Page 11 of 36

13 316 Sec. 12. Compensation and expenses --Mayor and council and other elected or appointed officials. 317 The council shall determine the annual salary and emoluments of the mayor and council and other elected or 318 appointed officials by ordinance. Members of the council, the mayor and other elected or appointed officials shall receive 319 reimbursement for actual and necessary expenses incurred when on official business as prescribed by city ordinance or policy. 320 Sec. 13. Filling vacancies for council [or mayor.] 321 The loss of residence in the city, the loss of residence in the state, the removal from the district where he resided at 322 the time of his election, in the case of a councilman, or the conviction of any crime involving moral turpitude during the term 323 for which he was elected, shall create a vacancy in the office either of mayor or councilman. In the case of any such vacancy 324 or of any vacancy created by death, resignation or otherwise for which said vacancy shall be less than six (6) months in 325 duration, the council shall fill such vacancy. If such vacancy should be in excess of six (6) months in duration, a special 326 election shall be held to fill such vacancy, this special election to be held no sooner than thirty (30) days from the date of the 327 vacancy, but said special election to be held no later than sixty (60) days after the date of the vacancy. 328 Sec. 14. Duties of mayor. 329 The mayor shall be the executive and chief official of the city. He shall have the powers and perform the duties 330 conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at the annual meeting of the 331 council and at all quarterly town meetings. The council president shall preside at all other meetings of the council. The 332 mayor shall have no vote on council matters of any nature whatsoever. The mayor is an ex officio member of all committees, 333 but shall have no vote. 334 Sec. 15. Council President/ Vice-mayor, duties of. 335 At each annual meeting, the council shall elect one of their number as council president who shall also serve as 336 vice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, the vice-mayor shall 337 have all the powers and duties of the mayor, except as hereinafter provided. The council president and vice-mayor shall retain 338 his right to vote as councilman at all times although he may be acting as the mayor, unless the mayor's absence appears to 339 be indefinite or extended, in which case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's 340 position is either filled in accordance with section 13 hereof or the mayor returns to his duties, which resolution shall provide 341 that the vice-mayor shall have the right to approve or disapprove council action in accordance with section 10 hereof, in which 342 case the vice-mayor shall lose his vote as councilman until further action is taken by council. 343 Sec. 16. Clerk of council. 344 The council shall choose a clerk, who shall keep a record of the proceedings of the council and perform such other 345 duties and have such powers as may be prescribed by ordinance. Page 12 of 36

14 346 Sec. 17. City treasurer 347 At the annual meeting the council shall elect a city treasurer to hold office until the next annual meeting of the 348 council, or until his successor has been duly chosen and qualified, but subject to removal at any time by the council. 349 The city treasurer shall be the custodian of all the city funds and shall deposit them in a banking institution 350 designated by the council. NOTE: This Section was previously a part of Section Sec Ordinances [authorized; maximum penalty for violation.] 352 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject coming 353 within the powers and functions of the city, or relating to the government of the city, its peace and order, its sanitation, 354 appearance and beauty, the health, safety, convenience and comfort of its population, and the protection and preservation of 355 property, and to fix and impose and enforce the payment of, fines and penalties for the violation of any such ordinance; 356 provided that no fine or penalty shall exceed the sum of one thousand dollars ($1,000.00); and no provision in this Charter 357 as to ordinances on any particular subject shall be deemed or held to be restrictive of the power to adopt ordinances on any 358 subject not specifically enumerated. 359 Sec Power of council to define and abate nuisances. 360 The council shall have power to define nuisances and cause their abatement. The operation of any instrument, 361 device, or machine of any kind whatsoever, that shall cause electrical interference with radio or television reception within 362 the limits of the city shall, at the option of the council, be deemed to be a nuisance. 363 Sec. 19. Jurisdiction of ordinances relating to infectious diseases or nuisances. 364 The power to adopt ordinances relating to the health of the population of the city or to prevent the introduction or 365 spread of infectious or contagious diseases or nuisances affecting the city shall extend to the area outside of the city limits 366 and within one mile from said limits. 367 Sec. 20. Power of council to provide for fire protection measures. 368 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To this end 369 the council may adopt ordinances prohibiting the use of building materials that the council deem would create a fire hazard, 370 and may zone or district the city and make particular provisions for particular zones or districts with regard to buildings and 371 building materials. This power shall be deemed to embrace new buildings or additions to or alterations of existing structures 372 of every kind. The council shall have the power to condemn any building or structure or portion thereof that it deems to be 373 a health hazard or constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to 374 eliminate the health hazard or menace of fire. Page 13 of 36

15 375 Sec. 21. Power of council to adopt zoning ordinances. 376 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating therein, 377 buildings and structures according to their construction and the nature and extent of their use. 378 Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector authorized. 379 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed to embrace 380 the right to prescribe the height and thickness of the walls of any building and the kind and grade of materials used in the 381 construction thereof. 382 The council may provide for the issuance of building permits and forbid the construction of a new building or the 383 addition to or alteration and repair of an existing building except when a building permit has been obtained therefor. The 384 council may appoint a building inspector and prescribe his powers and duties. 385 Sec. 23. Power of council to create city planning commission; members generally. 386 The council may create a city planning commission for the development, improvement, and beautification of the city, 387 and prescribe its powers and duties. No member of the planning commission may hold at the same time, any elected city 388 office. 389 Members of any planning commission created by the city shall consist of two (2) members from each council district 390 and one member serving at large. 391 All members of the planning commission must be residents of the City of Dover. 392 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid quarterly 393 for preparation and attendance at each meeting of the planning commission attended in an amount to be set by council. 394 Sec. 24. Power of council to franchise or license public utilities and common carriers. 395 The council shall have the right to grant or refuse franchises or licenses to public utilities and common carriers and 396 fix the terms and conditions thereof and to regulate their use of the streets, lanes, and alleys, rights-of-way, and air space 397 or airways of the city. 398 Sec. 25. Power of council to operate light, power or water plant. 399 The council shall have power to operate a light, power and water plant for the city, and to do all things necessary 400 for its maintenance and operation. The council may at their option transmit electric current and or water from its said plant 401 to places or properties outside of the city limits upon such terms, charges and conditions as they shall determine. 402 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or private 403 purposes of electric current distributed and or water furnished by the city and the amount to be paid by the users thereof, and Page 14 of 36

16 404 fix fines and penalties for any willful or negligent injury or damage to its water and light plant, and to any objectionable use 405 in connection with its light and water system, and to any interference with or obstruction of the said system. 406 Sec. 26. Power of council with reference to sewers. 407 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They shall 408 have power to install any or additional sewers in the city. The council may by condemnation proceedings take for sewer 409 purposes, private land, or the right to use private land under the surface thereof, for the laying of sewer mains. The 410 proceedings by condemnation under this section shall be the same as prescribed by Section 27 of this Charter with regard to 411 the laying out of new streets, and the resolutions referred to in said section shall be modified to cover the case contemplated 412 by this present section. 413 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer system 414 of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of such ordinances. The 415 council may require any property in the city to be connected with the water and sewer mains and to compel the owner of such 416 property to pay the cost of such connection and the tapping fee or charge therefor. The connecting with the water or sewer 417 mains and the tapping thereof shall be under the regulation and control of the council. 418 The council may extend the sewer system of the city to places outside of the city limits upon such terms, charges 419 and conditions as it shall determine. 420 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both within 421 and without the limits of the city, and in addition to the connection or tapping charges. 422 Sec. 27. Power of council to layout, locate, abandon, etc., streets, sidewalks, etc. 423 The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and to alter 424 existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best 425 interest of the city. The procedure in every case as aforesaid shall be as follows: 426 The council shall, by a majority vote, adopt a resolution favorable to the opening of the 427 new streets, or to the widening or altering of a street, or to the vacating or abandoning of a street, 428 or any part thereof, as the case may be and giving a general description of the street to be opened 429 or widened, or altered, or of the street or part thereof to be vacated or abandoned, as the case may 430 be. The said resolution shall also state the day, hour and place when the said council will sit to 431 hear objections and to award just and reasonable compensation to anyone who will be deprived Page 15 of 36

17 432 of property. A copy of such resolution shall be posted in five or more public places in the city 433 at least five (5) days before the day fixed for the hearing aforesaid. 434 At the time and place fixed in the said resolution, said council shall hear such residents of the city or owners of the 435 property affected as shall attend, and shall at said meeting, or at a subsequent day, as they shall deem proper, adopt a 436 resolution by a majority vote to proceed with or to abandon, as they shall deem for the best interest of the said city, the 437 opening of a new street or the widening, altering, vacating or abandoning of an existing street or part thereof, as the case may 438 be, as contemplated in their prior resolution. And in case the determination of the said council shall be to proceed with the 439 plan contemplated by the resolution first aforesaid, they shall also award just and reasonable compensation to anyone who 440 will be deprived of property in consequence thereof. Such compensation, if any be awarded, shall be paid by the treasurer 441 of the city, on a warrant drawn on him by authority of the council aforesaid. If anyone who will be deprived of property as 442 aforesaid be dissatisfied with the compensation awarded by the council aforesaid, he may within five days after the award 443 of the council, as aforesaid, appeal from such award by serving written notice to that effect on the city manager. In order to 444 prosecute said appeal such appellant shall, within five (5) days after the expiration of the five (5) days allowed for the appeal 445 as aforesaid, apply to the judge of the Superior Court for the State of Delaware resident in Kent County, or in his absence 446 at said time, to the chief justice of the said court, for the appointment of freeholders to hear and determine the matter of 447 compensation to such appellant for any property of which he will be deprived as aforesaid, and thereupon the said judge or 448 chief justice, as the case may be, shall issue a commission under his hand directed to five (5) impartial freeholders of Kent 449 County commanding them to determine and fix the damages which the said appellant will sustain by reason of being deprived 450 of any property as aforesaid, taking into consideration the benefits or advantages that will enure to the said appellant, and to 451 make return of their findings to the said judge or chief justice, as the case may be, at a time therein appointed. The said 452 freeholders shall give notice of the day, hour and place when they will meet to view the premises and to assess the damages, 453 if any, as aforesaid. Such notice shall be served upon the appellant personally, or by posting a copy on the premises affected 454 at least five (5) days before the day when they are to view the premises as aforesaid and a copy of such notice shall also be 455 served on the city manager at least five (5) days before the day of such meeting. 456 The freeholders named in such commission, being first sworn or affirmed, on the day and at the hour and place stated 457 in the notice aforesaid, shall view the premises and hear the appellant and his witnesses and the council and their witnesses, 458 and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being 459 deprived of any property as aforesaid. Thereupon and without delay the said freeholders shall make return in writing of their 460 proceedings in the premises to the said judge or chief justice, as the case may be, who shall cause the said return to be Page 16 of 36

18 461 delivered to the said city manager and such return shall be final and conclusive. The said judge or chief justice shall have 462 power to fill any vacancy among the freeholders. The amount of damages being ascertained as aforesaid, the said council 463 may pay or tender the same to the person or persons entitled thereto, within one month after the same shall be finally 464 ascertained, or may deposit the same to his or her credit in any bank in the city to the credit of the person or persons entitled 465 thereto within the said period of one month, and thereupon the said council may carry into effect the plan contemplated in 466 their resolutions aforesaid. In the ascertainment and assessment of damages by the freeholders appointed by the judge or chief 467 justice aforesaid, if the damages shall be increased, the costs of the appeal shall be paid by the treasurer of the city out of any 468 money in his hands belonging to the city, but if said damages shall not be increased the costs of the appeal shall be paid by 469 the party appealing. The fees to the freeholders shall be five dollars ($5.00) per day to each, which shall be taxed as part of 470 the costs. 471 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this section 472 is owned by the city, the council may, in their discretion, sell such land either at private or public sale and for such 473 consideration as the council shall deem proper, and shall have the right and power to convey to the purchaser or purchasers 474 thereof a good and sufficient title thereto. 475 The word street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 476 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; municipal lien 477 docket. 478 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and sidewalks of 479 the city, or any part or portion thereof, with such material or materials as it shall determine. 480 The power hereby conferred shall be exercised in the following manner, to wit: 481 SIDEWALKS 482 A. The city council, at such time as it shall determine that the condition or conditions of a particular 483 street or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then 484 existing, if there be sidewalks laid, should be improved, or upon the petition of a majority of 485 persons owning property along any of the streets, or a portion of any of the streets of the said city, 486 asking that the sidewalks abutting on said street or streets, be improved, or that sidewalks be laid 487 where there are none at the time of the filing of the petition, may direct the property owner or 488 owners to lay or replace sidewalks with such material or materials, as, in the judgment of the said 489 Council of the City of Dover, may seem best under the circumstances. Page 17 of 36