CHAPTER 361

FORMERLY

HOUSE BILL NO. 565

AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, ENTITLED "AN ACT CHANGING THE NAME OF 'THE TOWN OF DOVER' TO THE CITY OF DOVER' AND ESTABLISHING A CHARTER THEREFOR" AS AMENDED BY CHAPTER 275, VOLUME 46, CHAPTER 471, VOLUME 50; AND CHAPTER 5, VOLUME 64, LAWS OF DELAWARE, RELATING TO THE POWER OF THE CITY OF DOVER TO IMPOSE AND COLLECT A REALTY TRANSFER TAX.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of the members elected to each House thereof toncurring therein);

Section I. Amend Section 3, Chapter 158, Volume 36, Laws of Delaware, as amended by Chapter 275, Volume 46; Chapter 471, Volume 50; and Chapter 5, Volume 64, Laws of Delaware, by adding a new paragraph at the end of said Section 3 which shall read as follows:

"Notwithstanding any statute to the contrary, the Clty of Dover shall have the power by ordinance to Impose and collect a tax, to be paid by the transferor or transferee as determined by Council, upon the transfer of real property within the City not to exceed one percent (1%) of the value of the real property as represented by the document transferring the property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax imposed by the City of Dover pursuant to the authority granted herein. The Council of the City of Dover may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by way of a stamp affixed to a document, the Recorder of Deeds in and for Kent County shall not receive for record documents subject to said tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax."

Approved July 12, 1988.