CHAPTER 5

FORMERLY

HOUSE BILL NO. 47

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO ANNEXATION ELECTIONS; THE APPOINTMENT OF DEPUTY ALDERMAN; CONFERRING CERTAIN POWERS ON THE MAYOR AND COUNCIL; RELATIVE COLLECTION OF TAXES ON NEW CONSTRUCTION; POLL ASSESSMENT AND TAX DELINQUENTS; VOTING AGE; TAX EXEMPTIONS FOR PERSONS LESS THAN TWENTY-ONE AND PROVIDING FOR REASSESSMENT OF REAL PROPERTY EVERY TEN YEARS; PERMITTING THE CITY MANAGER TO MAKE MONTHLY REPORTS BASED ON PRESENT DAY BUDGET ACCOUNTING METHODS; BALANCED BUDGET REQUIREMENTS; EQUITABLE DISTRIBUTION ON THE PLANNING COMMISSION;CORRECTING CERTAIN TYPOGRAPHICAL ERRORS IN THE CHARTER; GRANTING POWERS TO THE MAYOR AND COUNCIL; RELATIVE FIRE PROTECTION; BOUNDARIES OF THE THIRD AND FOURTH DISTRICTS AND EMPLOYEE PENSION PLANS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking the first sentence in the sixth paragraph of Section IA in Its entirety and inserting a new sentence to read as follows:

"At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m."

Section 2. Amend Chapter 158, Volume 36, Section 52, Delaware Laws, as amended, by striking the first three paragraphs in their entirety and substituting fn lieu thereof the following:

"At the annual meeting, the Council shall elect an Alderman and a Deputy Alderman for the term of one (I) year or until their successors have been duly chosen and qualified.

The Alderman or Deputy Alderman may be removed during his term by a vote of three-fourths of the members elected to the Council.

In the case of the temporary inability of the Alderman to perform his duties by reason of sicicness, ateence, or otherwise, the Deputy Alderman shall perform said duties. As hereinafter provided, the Deputy Alderman shall have all of the powers and authorities and shall be subject to all duties and regulation as fs the Alderman."

Section 3. Amend Chapter 158, Volume 36, Delaware Laws, by striking the last two paragraphs of Section 52.

Section 4. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding a new Section, to wit: Section 49(A).

"§49(A). Assessment, Payment, and Collection of Taxes for New Construction

In the event that the Mayor and Council of the City of Dover desire to collect and levy taxes on newly constructed property not taxed by virtue of the City's annual assessment, the City may enact an ordinance to do so provided that:

Beginning fn July, 1983, and for each quarter of each year thereafter, there shall be a true, just, and impartial valuation and assessment of all newly constructed real property within the City, locating each parcel of real property by street and number or other description. Property shall be deemed to be newly constructed when the City permits occupancy and use. The said valuation and assessment shall be made by an assessor or assessors who shall be elected by Council in accordance with the provisions set forth in Section 47 of this Charter.

The assessment as aforesaid shall be during the months of January, April, July, and October of each year beginning in July 1983.

The assessment made as described hereinabove shall be deemed a general assessment for all property with new construction.

The assessment for new construction shall be set down by the assessor or assessors in two (2) or more copies as the Council shall direct, and shall be delivered to the Council as soon as made.

The Council may direct appeals from any general assessment for new construction In accordance with Section 47 of this Charter.

Nothing in this Section contained shall be deemed or held to invalidate or otherwise affect any assessment made prior to the approval of this Section or any tax levied thereunder.

In the months of February, May, August, and November, beginning in August 1983, the Council shall deliver to the collector of taxes a list containing the names of taxables under this Section and opposite the name of each the amount of the real property assessment, the tax upon the total of the assessment, and the rate per hundred dollars. The said list shall be signed by the Clerk of the Council.

All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and those taxes not paid shall accrue a penalty in the amount of one and one-half percent (1.5%) per month. For every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County.

The Council shall have the authority to allow errors and delinquents in the assessment.

This section shall become effective July 1, 1983 and not pertain to any construction which had building permits prior to July 1, 1983.

The provisions osf 9 Del.C. §8705 and 25 Del. C. §§2901 through 2905 of the revised Code of Delaware, 1974, as amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this Charter."

Section 5. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the words "and his poll assessment" In the first sentence of Section 49 of the Charter of the City of Dover.

Section 6. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking In its entirety the second paragraph of Section 49 of the Charter of the City of Dover and substituting in lieu thereof the following:

"All taxes shall be paid to the collector of taxes. A discount of five percent (5%) shall be allowed on taxes paid during the month of May in the calendar year they were assessed. For all taxes not paid on or before July 31 of each year in the calendar year that it is assessed, there shall be added and collected one and one-half percent (1.5%) (18% per annum) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid."

Section 7. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting In its entirety the first sentence of the third paragraph of Section 48 and Inserting the following:

"Every resident of the said City who is eighteen (18) years of age and who lives in the City Shall be entitled to one vote."

Section 8. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the first paragraph of Section 47 of the Charter of the City of Dover and substituting in lieu thereof the following:

"That in the year 1950 and every year thereafter, there shall be made a true, Just, and Impartial valuation and assessment of all real property within the City, locating each parcel of real property by street and number or other description. The said valuation and assessment shall be made by an assessor or assessors who shall be elected by the Council at the previous December meeting by majority vote thereof, and an assessor shall be a tree holder within the corporate limits of the City. Before entering upon the duties of his office, he shall be sworn or affirmed by a Justice of the Peace to perform the duties of his office with fidelity and without favor or partiality."

Section 9. Amend Section 47, Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the part which reads: "the decision of a majority of the Councilmen sitting shall be final and conclusive, provided that no Councilman shall vote on his own appeal" and Insert in lieu thereof the following:

"The decision of a majority of the Councilmen elected shall be final and conclusive, provided that no Councilman shall vote on his own appeal."

Section 10. Amend chapter 158, Volume 36, Delaware Laws, as amended, by adding the following language to Section 47:

",Beginning in the year 1983, all real property in the City of Dover shall be reassessed by a eertlfied independent outside appraiser chosen by Council and the same shall be done at least every ten (10) years thereat ter. Said appraisal shall be in lieu of the valuation and assessment made by the assessor chosen by Council as described hereinabove and in lieu of the assessor's duties described hereinabove."

Section 11. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 45.

Section 12. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding to Section 44, the following sentence:

"The total of proposed expenditures shall not exceed the total of anticipated income."

Section 13. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding the following to Section 23 of the Charter:

"Members of any Planning Commission created by the City shall consist of two (2) members from each Council district and one (1) member serving at large.

All members of the Planning Commission must be residents of the City of Dover.

This amendment shall not affect any members presently serving on the Planning Commission until the expiration of their present terms."

Section 14. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the first sentence of the second paragraph of Section 22 in its entirety and substituting In lieu thereof:

"The Council may provide for the issuance of building permits and forbid the construction of a new building or the addition to or alteration and repair of an existing building except when a building permit has been obtained therefor."

Section 15. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 20 in its entirety and substituting in lieu thereof the following:

"The Council shall have the power to condemn any building or structure or portion thereof that it deems to be 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 eliminate the health hazard or menace of fire."

Section 16. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the second paragraph of Section 5 in its entirety and inserting a new paragraph to read as follows:

"In order that the members of Council shall be distributed over the City, the City shall be divided into four (4) representative districts, and two (2) of said members of Council shall be residents of each district. The first district shall be that portion of the City lying south of the center line of North Street, and liazletteville Road west of State Street; the second district shall be that portion of the City lying east of the center line of State Street and south of the center line of Kings Highway East and North Little Creek Road; the third district shall be that portion of the City lying north of the center line of North Street between the center line of Governors Avenue and the center line of State Street and extending in a northerly direction from Kings Highway and North Little Creek Road, including that portion of the City limits east of the median strip center line of North U. S. Route #13; the fourth district shall be that protion of the City lying north of the center line of North Street and west of the center line of Governors Avenue, North State Street and the median strip center line of North U. S. Route 1113."

Section 17. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the last sentence of paragraph two of Section 3 of the Charter of the City of Dover.

Approved February 2, 1983.