BEGINNING at the intersection of the low water line of the Southwestern side of the Delaware River and the low water line of the Southeastern side of the entrance to the Delaware City Branch Canal (formerly the Chesapeake and Delaware Canal); thence in a Southerly direction along the Southeastern mean low water line edge of the Delaware City Branch Canal to the intersection with the Northern mean low water line edge of the Chesapeake and Delaware Canal (presently owned by the United States of America); thence across the Delaware City Branch Canal along a tie line which would correspond to the Northern mean low water line edge of the Chesapeake and Delaware Canal to the point of intersection of the Northwestern mean low water line edge of the Delaware City Branch Canal and the Northern mean low water line edge of the Chesapeake and Delaware Canal; thence along the Northern mean low water line edge of the Chesapeake and Delaware Canal to a point in the line of the former main drain passing under the old canal (Circa 1826) extended; thence thereby about North 47 degrees West, 660 feet more or less to a point in the centerline of the former North Drain Ditch (as shown on the survey of U. S. Corps of Engineers, dated January 27, 1933, File 3111); thence thereby by the following three courses and distances, which bearings are based on true meridian; North 23 degrees 22 minutes 39 seconds East, 657.61 feet to a point; thence North 5 degrees 9 minutes 22 seconds West, 883.74 feet to a point; thence North 5 degrees 37 minutes 31 seconds West, 1688 feet more or less to a point in the Northwesterly side of Clinton Street (sometimes referred to as Cox Neck Road, County Route 411) at the intersection of said North Drain Ditch; thence along the Northwest side of said Clinton Street (Cox Neck Road, County Route 411) to a point 200 feet Southwest of the Southwest side of the intersection of Clinton Street and Fifth Street; thence along a line at right angles to the Northwest side of Clinton Street (Cox Neck Road, County Route 411), a distance of 140 feet more or less to a point in the lands of the Mayor and Council of Delaware City; thence thereby South 42 degrees 10 minutes 30 seconds West, 238.98 feet to an iron pipe; thence North 47 degrees 45 minutes 00 seconds West, 156.73 feet to a monument; thence along the lands now or formerly of Delaware City Recreation, Inc., North 37 degrees 00 minutes 17 seconds East, 240 feet more or less to a point; thence along said aforementioned line at right angles to the Northwest side of Clinton Street (Cox Neck Road, County Route 411) to the Southeast side of the North Drain; thence with the centerline of the North Drain to a point which is the intersection of the centerline of the North Drain and the Southwest side of the Bridge on Delaware Route 9 (Fifth Street); thence along the Southwest side of Delaware Route 9 in a generally Northwesterly direction to a point which is due South of the intersection of the former Northwest boundary of the lands of William D. Clarke's Estate and Delaware Route 9; thence across Delaware Route 9 to said point of intersection; thence the following courses and distances (formerly the Northwest boundary of the lands of William D. Clarke's Estate):

1) North 10 degrees 06 minutes West; 104.05 feet;

2) North 56 degrees 14 minutes 10 seconds East; 436.83 feet;

3) North 56 degrees 24 minutes 30 seconds East; 1064.7 feet;

4) North 82 degrees 54 minutes 30 seconds East; 1056.0 feet;

5) North 57 degrees 08 minutes 40 seconds East; 329.6 feet;

6) North 55 degrees 23 minutes East; 706.11 feet;

7) South 62 degrees 38 minutes 25 seconds East; 256.39 feet; and

8) North 47 degrees 31 minutes East; approximately 1823.6 feet to the low water line of the Delaware River; thence along the low water line of the Delaware River southeast to the point and place of Beginning.

A. Holding Other Office. Except where authorized by law, no Mayor or Councilperson shall hold any other City office or City employment during the term for which elected to Council, and no Mayor or Councilperson shall hold any compensated appointive City office or employment until two years after the expiration of the term for which elected to Council.

B. Appointments and Removals. Neither the Mayor nor the Council, nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the City Manager or any of his subordinates are empowered to appoint, but the Mayor and Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.

C. Interference with Administration. Except for the purpose of inquiries and investigations, the Mayor and Councilpersons shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Mayor nor the Council, nor its members shall give orders to any such officer or employee, either publicly or privately, nor shall the Mayor nor any Councilperson usurp any power given to the City Manager in this Charter.

A. Vacancies. The office of Mayor or Councilperson shall become vacant upon death, removal from the City, resignation, removal from office in any manner authorized by law, or forfeiture of office.

B. Forfeiture of Office. The Mayor or Councilperson shall forfeit office if: (1) he/she lacks, at any time during his/her term of office, any qualification for the office prescribed by this Charter or by law; (2) violates any express prohibition of this Charter; (3) is convicted of a felony as that term is defined by the State of Delaware.

C. Filling of Vacancies. In case of vacancy for any cause in the Office of Mayor, the Vice-mayor, who is appointed by the majority vote of the Council, shall fill such vacancy. In the case of a vacancy for any cause in the office of Councilperson, the Council, upon a majority vote shall make a temporary appointment within ten (10) days to fill such vacancy. Such appointment shall continue until the next general municipal election. Thereafter, such office shall be filled by election and the person so elected shall serve for the remainder of the term of the Councilperson whose office became vacant.

A. Generally. There annually shall be made a true, just and impartial valuation and assessment of all real estate within the City except such real estate as is exempt from municipal assessment and taxation by virtue of any State law, and also of such personal property as is subject to County assessment and taxation; provided, however, that in no event shall household furnishings, bank accounts, stocks, bonds or automobiles be assessed or taxed. A capitation tax may also be imposed where it shall be determined by resolution of the Mayor and Council to be appropriate.

B. Use of County Assessments. It shall be lawful for the City to enter into an agreement with the Board of Assessment for New Castle County to inspect and copy, or to obtain copies, of the assessments made for County purposes. Annually, the Mayor and Council shall make a judgment regarding whether the City will utilize such County assessments and whether said County assessments are a true, just and impartial evaluation. The Mayor and Council then shall order the adoption of such County assessment for municipal purposes or the adoption of assessments as determined by the City assessment authority; provided, however, that adoption of the County assessment for municipal purposes shall not preclude the City from modifying the County assessment list to take into account new construction or changes in ownership or use not reflected in the County assessment list, or clear cases of inequitable assessment. The determination to use the County assessments shall be made by ordinance before February lst of any year and shall continue in effect from year to year until revoked by ordinance. Notice of a determination to use the County assessments shall be given to the Assessor or Board of Assessment prior to March lst in the year that the determination is made and shall be published at least once a week for two (2) weeks prior to March lst of each year in at least two (2) newspapers in the municipality, or to the extent no such newspaper exists, then in a newspaper of general circulation in New Castle County.

C. Approval and Posting of Assessment Roll. Each year, there shall be prepared and submitted to the Mayor and Council, at least 60 days before the beginning of the tax year, two or more copies of the assessment roll, which shall show the location of each parcel of taxable real and personal property by street and number or other suitable description. When the Mayor and Council approve the roll as prepared, or as modified by the Mayor and Council, then a full and complete transcript thereof shall be posted in a place in the City designated by the Mayor and Council. Such posting shall take place at least 45 days before the beginning of the tax year and shall remain posted up to, but not including, the appeal day as herein set out. Notice of the time and place where the assessment list may be viewed shall be given by posting such announcement in at least five (5) public places throughout the City.

D. Assessment Board of Appeals. Each year, at least 30 days before the beginning of the tax year, the Mayor and Council shall hold a Board of Appeals, which Board shall continue open from 7 p.m. to 9 p.m., during which time the Mayor and Council acting as such Board shall hear and determine appeals from assessments and shall make such corrections and additions as may be deemed necessary and proper.

The decision of a majority of the Mayor and Council sitting on appeals shall constitute the final decison of the Assessment Board of Appeals. The Board shall notify the appellant in writing, by certified mail, of its decision within five (5) days of its decision. The appellant, if he or she feels aggrieved by the decision may, within thirty (30) days from the date of mailing of the written decision, appeal therefrom to the Superior Court in and for New Castle County. The decision of the Board shall be prima facie correct and the burden of proof shall be on the appellant to show that the Board acted contrary to law, fraudulently, arbitrarily, or capriciously. The appellant shall be heard on the record and proceedings of the Board shall be certified to the Court by the Board within fifteen (15) days after service on the Board of a notice of appeal. The Court may permit the appellant or the Board to present any new or different evidence pertinent to the matter. The Court may affirm, reverse or modify the Board and the decision of the Court shall be final. (66 Del. Laws, c. 165, 7/13/87)

No Mayor or Councilperson shall sit on his/her own appeal, but the same shall be heard and determined by the other members of Council. After the said valuation and assessment shall be examined and adjusted by the Council, all property taxes shall be levied on real and personal property thus assessed in just and equal proportions.

E. Supplemental Assessments

(1) In addition to the annual assessment provided for in this Section IV of this Charter, the Mayor and Council may, at its option, request that the Assessor prepare a quarterly supplemental assessment list for any of the following purposes:

(a) Adding property which was not included on the last annual assessment;

(b) Increasing the assessed value of property which was included in the last assessment;

(c) Correcting errors on the prior annual assessment; or

(d) Revising or modifying any exemption from taxation applicable to property within the City.

(2) The supplemental assessment list shall be prepared quarterly by the Assessor and the first such supplemental assessment shall be certified to the Mayor and Council on July 1, the second on October 1, the third on January 1, and the fourth on April 1 of each year.

(3) On the date of certification of the supplemental assessment list by the Mayor and Council, according to the procedures set forth in this Section IV of the Charter, each property owner shall be liable for the payment of real estate taxes equal to the assessed value of the property multiplied by the tax rate for the then current fiscal year applicable to the property reduced by: twenty-five percent (25%) when the property is listed on the second supplemental assessment list, fifty percent (50%) when the property is listed on the third supplemental assessment list, and seventy-five (75%) when the property is listed on the fourth supplemental assessment list.

(4) Whenever the Mayor and Council place a property on a supplemental assessment list, notice thereof shall be made by regular mail addressed to the owner of the property affected thereby at the address shown on the assessment list, or if the address of such owner does not appear on the assessment list, then to the person occupying the property, or if there is no apparent occupant, such notice shall be posted on the property. Such notice shall be given within ten (10) days of the date on which the supplemental list on which the property appears is certified by the Mayor and Council. The certification by the Mayor and Council that the notice required by this Subsection was mailed or posted, as the case may be, shall be conclusive evidence that notice to the property owner was received.

(5) The Mayor and Council shall publish a notice of the place or places where the supplemental assessment list may be inspected together with a notice of the time and place in the Town when the Mayor and Council, not earlier than ten (10) days from the date of the notice, shall sit to hear appeals. The decision of a majority of the Mayor and Council sitting as the Assessment Board of Appeals, shall be final and conclusive in respect to all supplemental assessment appeals. All other procedural rules of the Assessment Board of Appeals not in conflict with this Subsection shall apply to supplemental assessment appeals.

(6) All taxes imposed by the supplemental assessment list and paid more than thirty (30) days following the date that notice is mailed by the Mayor and Council to the property owner or posted as provided for in this Section shall be delinquent.

(7) In the collection of all delinquent taxes imposed by the supplemental assessment list, there shall be added a penalty of five percent (5%) of the unpaid taxes and an amount equal to one percent (1%) per month for each month or fraction thereof that such taxes remain unpaid following the expiration of thirty (30) days from the date of Mailing or posting, as the case may be, of the notice required under this Section. (69 Del. Laws, c. 112, 7/8/93)

A. Tax Liens. The provisions of Title 25, Delaware Code Annotated, Chapter 29, as amended, with reference to tax liens shall be deemed and held to apply to all taxes laid and imposed under the provisions of this Charter.

B. Debt Action. The City Treasurer may recover the amount of the tax due in an action of debt against the delinquent taxpayer in any court of competent jurisdiction; and it shall be sufficient to set forth that the action is to recover a specified sum of money, being a tax or taxes assessed against property owned by the defendant, in whole or in part, together with such description of the property as will be sufficient to identify the same and the year for which the taxes were levied. The right of appeal shall be the same as in other civil actions.

If a judgment be rendered in favor of the City Treasurer, there shall be an allowance for the additional expense in attending to the suit, including counsel fees. The amount of accrued interest, which shall be taxed by the court in the costs, thereupon execution shall issue against the real estate of defendant. No execution against the real estate shall issue except out of the Superior Court. Where such judgment is recovery from a lower court of competent jurisdiction and it is the desire of the City Treasurer to proceed against the real estate of the defendant, the City Treasurer shall take a transcript of the judgment from such lower court and cause the same to be entered in the Superior Court in and for New Castle County. When such transcripts are entered, the subsequent proceedings shall be the same as upon other judgments. The lien of the judgment, as aforesaid, shall be deemed to relate back and take effect from the date of the Certified City Treasurer_s assessment roll.

C. Remedies Cumulative. The remedies herein provided are cumulative and, if two or more proceedings are pending to recover the amount due for taxes upon the same property for any year, neither proceeding shall be pleaded in bar or in suspension of other proceedings. However, when the full amount due for taxes upon the property for the year shall have been paid to the plaintiff in any proceeding, together with all costs in all proceedings then pending, the plaintiff shall enter upon the records thereof discontinuances thereof.

A. Monition Method Established. In addition to all existing methods and authority for the collection of taxes or special assessments due the City of Delaware City, the monition method and authority is established.

B. Praecipe; Judgment; Monition. The City may file, or cause to be filed, a praecipe in the office of the Prothonotary of the Superior Court in and for New Castle County, which praecipe shall contain the name of the person against whom the taxes or assessments sought to be collected were assessed, and a copy of the bills showing the amount of taxes or assessments due and the property against which the tax or assessment was laid, and a statement of the lot number or numbers of the particular section in which said property is located. For the purpose of this and the next section, the street number or numbers also shall be sufficient identification and description of said property.

The Prothonotary shall make a record of the same on the judgment records of said Superior Court against the property mentioned or described in said praecipe. Thereafter, upon a praecipe or monition filed in the office of said Prothonotary by the City, a monition shall be issued by the Prothonotary aforesaid to the Sheriff of New Castle County, which monition shall briefly state the amount of the judgment for the taxes or assessments due and the years thereof, together with a brief description of the property upon which said taxes or assessments are a lien.

C. Form of Monition. The monition shall be in substantially the following form:

To all persons having or claiming to have any title, interest or lien upon the within-described premises, take warning that unless the judgment for the taxes or assessments stated herein is paid within twenty (20) days after the date hereof, or within such period of twenty (20) days, evidence of the payment of taxes herein claimed shall be filed in the office of the Prothonotary, which evidence shall be in the form of a receipted bill or duplicate thereof, bearing the date prior to the filing of the lien in the office of the Prothonotary for New Castle County, the City of Delaware City may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the taxes or assessments herein stated.

Name of Person in Whose Description Year or Years Amount of

Name Property Is Assessed of Property Judgment

D. Posting of Monition; Sheriff's Return; Alias and Pluries Monition

Said monition, or copy thereof, shall be posted by the Sheriff upon some prominent place or part of the property against which said judgment for the taxes or assessments is a lien. The Sheriff shall make due and proper return of his proceedings under said Monition to said Prothonotary within ten days after the posting of said copy of monition as aforesaid. Alias or Pluries Monition may issue upon like praecipe. The posting of said Monition shall constitute notice to the owner or owners and all persons having any interest in said property.

E. Issuance and Form of Writ of Venditioni Exponas. At any time after the expiration of twenty days following the return of the Sheriff upon such Monition, unless before the expiration of said twenty days, the said judgment and costs on said judgment shall be paid or evidence of the payment of such taxes evidenced by a receipted tax bill or a duplicate thereof, bearing date therefor prior to the filing of said lien for record in the office of the Prothonotary as aforesaid, upon praecipe filed by the City of Delaware City through its attorney or any other person authorized on its behalf to collect taxes or assessments due to the City of Delaware City, a writ of Venditioni Exponas shall issue out of the office of the said Prothonotary directed to the Sheriff, commanding the Sheriff to sell the property mentioned or described in said writ and make due return of his proceedings thereunder in the same manner as is not applicable with respect to similar writs of Venditioni Exponas issued out of the said Superior Court.

Said writ shall be substantially in the following form:

COUNTY OF NEW CASTLE:

SS.

STATE OF DELAWARE:

TO THE SHERIFF OF NEW CASTLE COUNTY

GREETINGS:

WHEREAS, by a Monition issued out of the Superior Court dated at Wilmington, the ___ day of ______ , A.D. 19 __, IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein mentioned and described, and make a return to the said Superior Court within ten days after said posting. That on the ______ day of _____, A.D. 19 _____, you returned that a copy of the said Monition was posted on the real estate therein mentioned and described in the ______ day of _______, A.D. 19___.

We therefore now command you to expose to public sale estate mentioned and described in said monition as follows:

And that you should cause to be made as well a certain debt of _________ Dollars ($ ) lawful money of the United States, which to the said City of Delaware City, a municipal corporation of the State of Delaware, is due and owing, as also the sum of _______ Dollars ($________) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said _________ was convicted as it appears of record and against which said property it is a lien;

And have you that money before the Judges of our Superior Court at Wilmington, on Monday, the __ day of _______ next, to render to the said City of Delaware City, a municipal corporation as aforesaid, for its debt and costs as aforesaid, and this writ;

WITNESSETH, the Honorable _________ at Wilmington, the __ day of ______, A.D. 19____.

Prothonotary

Upon the return of the proceedings under said writ of Venditioni Exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.

F. Title of Property Sold. Any real estate or interest therein sold under the provisions hereof shall vest in the purchaser all the right, title and interest of the person in whose name said property was assessed, and/or all right, title and interest of the person or persons who are the owner or owners thereof, and likewise freed and discharged from any dower or courtesy or statutory right, in the nature of a dower or courtesy, whether absolute or inchoate, in or to said real estate, and from all equity of redemption and liens and encumbrances held by persons and corporations against said property.

G. Redemption by Owner. The owner of any such real estate sold under the provisions of this Charter or his legal representatives may redeem the same at any time within one year from the day the sale thereof is approved by the Court, by paying to the purchaser or his legal representatives, successors or assigns, the amount of the purchase price and fifteen percent in addition thereto, together with all costs incurred in the cause; or if the purchaser or his legal representatives, successors or assigns shall refuse to receive the same, or do not reside or cannot be found within the City of Delaware City, by paying said amount into said Court for the use of said purchase, his legal representatives or assigns.

H. Petition by Purchasers for Deed of Conveyance In the event that the owner of said property or his legal representatives shall fail to redeem said property as herein provided, the purchaser of said property or his legal representatives, successors or assigns may present a petition to the Superior Court setting forth the appropriate facts in conformity with this Charter and pray that the said Superior Court make an order directing the Sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to said property to the petitioner; and thereupon, the said Superior Court shall have power, after a hearing upon said petition, to issue an order directing the Sheriff to execute, acknowledge and deliver a deed as prayed for in said petition, and a description of said property by street number or by lot numbers of the particular section in which said property is located, together with a description of said property by metes and bounds.

I. Petition by Owner After Redemption for Entry on Judgment Record. If the owner of any real estate sold under an order of sale, or his legal representative, shall redeem said real estate, he may prefer to said Superior Court a petition setting forth that fact and thereupon the said Superior Court, after hearing and determining the facts set forth in said petition, shall have power to cause to be entered upon the record of the judgment under which said real estate was sold, a memorandum that the real estate described in the proceeding upon which said judgment was entered has been redeemed, and thereafter, the said owner shall hold such redeemed real estate subject to the same liens and the same order of priority as they existed at the time of the sale thereof, excepting so far as the said liens have been discharged or reduced by the application of the proceeds by the said Sheriff from the said sale.

J. No Proceedings Unless Tax is a Lien Upon Property. No monition proceedings shall be brought under this Charter unless the tax or assessment sought to be collected hereunder shall, at the time of the filing of said petition in the office of the Prothonotary, be and constitute a lien upon the property against which the tax or assessment was assessed or laid. All taxes for City purposes which may hereafter be lawfully assessed on real estate shall constitute a prior lien thereon for a Period of ten years from the first day of the City tax year succeeding the assessment of said taxes, but if the said real estate remains the property of the person to whom it is assessed, then the lien shall continue until the tax is collected and may, with all incidental costs and expenses, be levied by sale thereof as hereinbefore provided.

K. Counsel Fees, Purchase by City. The said tax lien and costs and reasonable counsel fees for the collection thereof shall be full paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility which real estate may be charged with or liable to. The City of Delaware City shall have the authority to authorize any person or persons to make a bid or bids at the sale of any real estate under the provisions of this Charter, and in the event that such person or persons is the highest and best bidder or bidders therefor, the title thereto shall be taken in the name of the City of Delaware City. The Council, by resolution duly adopted, is authorized and empowered to sell and convey any real estate purchased under the provisions herein.

L. Definition of Superior Court. Whenever the Superior Court is mentioned in this or the preceding Section of this Charter, the same shall be held to embrace the Judges or any Judge thereof, and any act required or authorized to be done under this or the preceding Section, may be done by the said Superior Court or any Judge thereof in vacation thereof, as well as in term time.

M. Fees and Costs. The fees and costs to be fixed in all monition proceedings under this and the preceding Sections, where not otherwise provided for, shall be set by the Council by ordinance. All other charges not covered by this and the preceding Sections shall be the same as are provided by law.

A. Every proposed ordinance shall be introduced in writing, Any ordinance which amends an existing ordinance shall set out in full that part of the ordinance, section or subsection to be repealed or amended, and shall indicate the matter to be omitted. Every ordinance, except general modifications and revisions of City ordinance, shall contain not more than one subject which shall be clearly expressed in its Title.

B. An ordinance may be introduced by any member of Council at any regular, adjourned or special meeting of the Council. Upon introduction of any ordinance, the City Secretary shall distribute a copy to the Mayor and each Councilperson and to the City Manager and City Solicitor, and shall file a reasonable number of copies in the City Hall and such other public places as the Mayor and Council may designate. No ordinance shall be passed unless it shall have been read in full or abstract at a previous meeting. After passage on first reading, the proposed ordinance shall be posted in five prominent locations in the City, one of which shall include the City Hall, at least seven (7) days prior to the established hearing date, stating the time and place where said ordinance will be given a public hearing and be considered for final passage.

C. At the time of the stated meeting and public hearing, which can be a regular, adjourned or special Council meeting, the proposed ordinance shall be read in full or abstract and considered for passage. After the public hearing and consideration, the Council may finally pass the proposed ordinance, or a substitute version thereof which is substantially similar thereto.

D. The Mayor shall approve or veto all ordinances of the Council. If approved, the Mayor shall sign the ordinance and it shall be duly adopted. If vetoed, the Mayor shall write _vetoed_ and place his/her initials thereafter; at the same time the Mayor shall state his objections in writing; whereupon the Council may reconsider its vote and if four-fifths (4/5) of all members elected to Council shall vote to override the Mayor's veto, then the ordinance shall be duly enacted. If the Mayor fails to approve or veto any ordinance within 15 days of its final passage by Council, the ordinance shall be deemed to have been vetoed.

A. To meet a public emergency affecting life, health, property or the public peace, the Council may adopt emergency ordinances; but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by the City for any of its utilities, or authorize the borrowing of not more than three-tenths of one percent (0.3%) of the assessed valuation of the assessable and taxable real property within the limits of the City of Delaware City for emergency purposes.

B. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms.

C. An emergency ordinance may be adopted without a first reading, but copies of the ordinance shall be made available to the public prior to the meeting considering approval thereof, and time shall be set aside, prior to Council vote, for public comment.

D. An emergency ordinance may be adopted only by an affirmative vote of at least four (4) members of Council. After its adoption, the ordinance shall become effective upon its adoption or at such later time as it may specify; but, every emergency ordinance, including any amendment made therein after its adoption, shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, unless extended by regular ordinance enacted by the Council, and it shall be the duty of the City Secretary to so notify the Council.

A. It shall be the duty of the Mayor and Council, at least before the end of the fiscal year, to adopt the annual operating budget for the next fiscal year. Such budget shall be adopted by resolution with a hearing as required by Section 6-05 of this Charter. The consideration of the operating budget shall begin forthwith upon the receipt from the Mayor or the City Manager of an annual written operating budget message and the proposed annual operating budget, which shall be submitted at the first regular meeting in May. The proposed budget shall be regarded as having been introduced immediately upon its receipt.

B. The annual operating budget shall provide for discharging any deficit and shall provide for appropriations to the Council, the Mayor and all officers, departments, boards and commissions which form a part of the City Government, and for all other items which are to be met out of the revenue of the City. All appropriations shall be made in lump sum amounts and according to the following classes of expenditures for each office, department, board or commission:

(1) Personal services;

(2) Materials, supplies and equipment;

(3) Debt service; and

(4) Such additional classes as the Mayor or the City Manager shall recommend in the proposed annual operating budget.

A. Generally. The Mayor and Council shall adopt a capital plan and capital budget, which shall be submitted with the annual operating budget on or before the first regular meeting in May. Such budget shall be adopted by resolution with a hearing as required by Section 6-05 of this Charter.

B. The Capital Plan. The capital plan should embrace all physical public improvements and preliminary studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any public improvement when first erected or acquired that are to be financed in whole or in part from funds subject to control or appropriation by the Mayor and Council. It should show the capital expenditures which are planned for each of the five (5) ensuing fiscal years. For each separate purpose, project, facility, or other property there should be shown the amount, if any, and the source of the money that has been spent, encumbered, or is intended to be spent or encumbered prior to the beginning of the ensuing fiscal year and also the amounts and the sources of the money that are intended to be spent during each of the ensuing five (5) years.

C. The Capital Budget. The capital budget shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Mayor and Council, and shall be in full conformity with that part of the capital plan applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget, constitute appropriations of such amounts.

A. The Mayor and Council shall cause to be posted in at least five (5) prominent places located in the City, a general summary of the proposed capital and operating budget, a notice of the times and places where copies of such budgets are available to inspection and the time and place for a public hearing on such budgets. Such notice shall be posted at least ten (10) days prior to such hearing.

B. After the public hearing the Mayor and Council may adopt, by resolution, the budgets with or without amendment. The Mayor and Council may insert new items of expenditure or may increase, decrease, or strike out items of expenditure, except that no item of appropriation for debt service shall be reduced.

C. The budget and tax rate shall be adopted prior to the beginning of the fiscal year for which such budget relates. If the Mayor and Council fail to so adopt, the budget for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items prorated accordingly, until such time as the Mayor and Council adopts a budget for the ensuing fiscal year.

D. All amendments to the budget shall be made at meetings open to the public; any amendment to the budgets shall require a public hearing with notice thereof posted in five (5) prominent places located in the City at least five (5) days prior to the hearing.

A. The Mayor and Council shall have the power to levy and collect taxes on real property within the City, except that which is not assessable and taxable by virtue of any law of the State of Delaware, which shall not be more than 2% of the assessed valuation of the assessable and taxable real estate within the City in any year clear of all delinquencies and expenses of collection; provided, however, in addition thereto, the Mayor and Council shall have the power to levy the taxes necessary to service the bonded indebtedness of the City.

B. The Mayor and Council shall have the right to grant or refuse, and to charge fees for licenses or permits for traveling shows and other businesses of any description within the City and to control their use of any property within the City. The Mayor and Council shall have the power to levy and collect fees.

C. The Mayor and Council shall have the power to impose reasonable penalties and forfeitures for tax delinquencies, and to review and determine proper and appropriate properties to be exempt from taxation.

D. The Mayor and Council shall have the power to fix the rates for utilities operated by the City and to collect and utilize revenues from such utilities for the benefit of the City.

E. The Mayor and Council shall have the right to levy and collect taxes upon all gas mains, water lines and telephone, telegraph power poles or other erections of like character erected within the limits of the City of Delaware City, together with the wires, cables and appliances thereto or thereon attached, as well as such wires, cables and appliances which may be installed underground, and to this end may, at any time, direct the same to be included in or added to the City assessment. In case the owner or lessee of such poles or erections and such wires, cables and appliances shall refuse or neglect to pay the taxes that may be levied thereon, the said taxes may be collected as in the case of other taxes.

A. Whenever the needs of the City shall require more money than is, at the time, in the City treasury from current receipts, the Mayor and Council may, and it is hereby authorized and empowered, to anticipate current fiscal year revenue by borrowing such amounts as are needed; provided, however, the amount of such indebtedness shall not at any time exceed one half of one percent (0.5%) of the assessed valuation of the assessable and taxable real property within the limits of the City.

B. The City of Delaware City shall have the full power and authority to borrow, for the exclusive purpose of financing a capital asset, upon the faith and credit of the City of Delaware City, a sum or sums of money not exceeding one percent (1%) of the total assessed property value, exclusive of borrowing against current expenses referred to in subsection A hereof, when in the opinion of the majority of the Council the needs of the City demand it. The Council may secure such sum or sums of money by promissory note or notes, or certificates of indebtedness of the City of Delaware City, duly authorized by resolution of the Council, signed by the City Secretary, and by the Mayor or Acting Mayor, with or without the corporate seal of the City affixed in accordance with the request of the person or corporation advancing the money on said notes or certificates, and no officer, Mayor or Council member shall be personally liable for the payment of such note or notes, because of his signature as an officer of the Council, his membership in Council or his approval of the authorizing resolution. Provided however, that any sum of money borrowed by the Council on the full faith and credit of the City as aforesaid, shall be repaid in full, together with all interest and charges thereon, within a period not to exceed the estimated useful life of the capital asset or ten (10) years whichever is less and shall be repaid in equal annual installments.

A. Power to Borrow Money. The City may incur indebtedness by issuing either genera1 obligation bonds or certificates of indebtedness secured by the full faith and credit of the City, or by issuing revenue bonds, either in whole or in part of the total amount necessary to provide funds for the erection, extension, enlargement or repair of any plant, machinery, appliances or equipment for the furnishing of water; for the construction, repair or improvement of highways, streets or lanes, or the paving, curbing, or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost of the share of the City in the cost of any permanent municipal improvement; or to replace any monies advanced from current funds of the City to finance any one or more of such projects; or to carry out any capital improvement project deemed by the Mayor and Council to be necessary to the proper execution of any function or power of the City. If general obligation bonds are issued, the total outstanding debt secured by such bonds shall not exceed fifteen (15) percentum of the assessed value of all the real estate subject to taxation located within the City. If revenue bonds are issued, each such bond shall recite in substance that said bond, including interest therein, is payable from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the City of Delaware City within the meaning of the bonded indebtedness limitation; provided, however, that in the event of some emergency, the City may temporarily borrow, advance or loan such amount as is necessary to meet current interest on outstanding bonds, such advance or loan to be repaid to the City of revenue subsequently received from the undertaking. If revenue bonds are issued, the Mayor and Council shall prescribe and have collected reasonable rates, fees or charges for the service, facilities and accommodations of said undertaking and shall revise such rates, fees or charges from time to time whenever necessary so that such undertaking shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will procure revenue at least sufficient to pay, when due, all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor, and to provide for all expenses of operation and maintenance of such undertaking, payments in lieu of taxes, depreciation and other reserves.

No capital improvement bonds, notes or certificates of indebtedness may be authorized, which bonds are payable more than forty (40) years from the date of issuance thereof.

B. Method of Borrowing Money. Before the City may incur indebtedness by the issuance of bonds as set out in the preceding Section, the borrowing of money shall have been authorized by the Mayor and Council and shall have been approved in the manner set out in this Section.

(1) The Mayor and Council shall, by resolution, propose to the qualified voters according to law in the City of Delaware City the purposes for which the stated amount of money shall be borrowed. The resolution shall state the amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the loan, including data on total related debt and the debt limitations established by this Charter, shall fix a time and place for hearing on the resolution; and shall provide for publication of an announcement of the hearing in a newspaper of general circulation in the City and posting of the announcement in at least five (5) prominent places in the City, one of which shall include the City Hall, at least ten (10) days prior to the hearing date.

(2) A public hearing shall be held, at which time all interested persons shall be given an opportunity to express their views. Their testimony shall be given in evidence by the Mayor and Council.

(3) If the Mayor and Council desire to continue with the bond proceedings, they shall then, by resolution, direct that the question be submitted to the public by a referendum. An election shall be held not less than thirty (30) days nor more than sixty (60) days after the date of such resolution.

(4) The notice of the time and place for holding said special election shall be printed in a newspaper of general circulation in the City once a week for two consecutive weeks prior to the election and notice of such election shall be placed in five (5) prominent places in the City, one of which shall include the City Hall, at least ten (10) days prior to the special election. The special election shall be conducted by the Election Board as herein established and provided for regular general elections.

(5) The Mayor and Council shall cause the Election Board to prepare the ballots for the voting machines and to hold the referendum. At said referendum, all qualified voters of the City of Delaware City shall be entitled to vote. In addition thereto, every person owning property in the City of Delaware City and who is not otherwise a qualified voter and each corporation owning property in the City of Delaware City shall be entitled to one vote under this Section.

(6) The Election Board shall count the votes for and against the proposed bond issue and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed issue; and shall deliver the same to the Mayor and Council, which certificate shall be entered on the Council minutes and the original thereof filed by the City Secretary. No bond issue shall be deemed approved unless a majority of those voting at such referendum shall vote for such bond issue.

(7) The form of bond or certificate of indebtedness, the interest rate, the date or dates for payment of interest, the classes, the date on dates of maturity, and the provisions pertaining to the registration shall be determined by the Mayor and Council after the said special election provided for in this Section. The bonds may be sold at either public or private sale as determined by the Mayor and Council. The Mayor and Council shall provide, in the budget, and in fixing the rate of tax, for revenues sufficient for ayment of interest and principal of said bonds or certificates at the maturity or maturities thereof. The full faith and credit of the City shall be deemed to be pledged for the due payment of the principal and interest of general obligation bonds issued within the prescribed debt limitation when the same have been properly executed and delivered for value, and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on principal of any bonded indebtedness or certificate or certificates issued pursuant to the provisions of the Act. (66 Del. Laws, c. 165, 7/13/87)

A. The City Manager may be removed by the Mayor with the consent of a majority of all members of Council or by four members of Council without the Mayor's consent. Before such removal shall become effective, the Mayor and/or Council shall, by the Mayor and majority vote of all members of Council or by four members of Council without the consent of the Mayor, adopt a preliminary resolution stating the reasons for removal and may suspend the City Manger from duty without pay and for a period that the Mayor and Council deem appropriate.

B. Within five (5) days after a copy of the resolution is delivered to the City Manager, he may file with the Council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The City Manager may file with the Council a written reply not later than five (5) days before the hearing.

C. The Mayor and Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of the Mayor and a majority vote of Council or by four members of Council without consent of the Mayor at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the City Manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one.

A. Personnel. The City Manager shall have the power to make such appointments and to hire employees at such compensations as the Mayor and Council, by Resolution, shall determine, subject to such rules and regulations as may be adopted by the Mayor and Council. All employees shall be hired for an indefinite term and may be removed by the City Manager at any time unless otherwise provided by Resolution of the Mayor and Council. The City Manager shall be the sole judge of the competence or incompetence of any such person so appointed or hired by him. However, the Mayor and Council shall sit as a Board of Appeal for the protection of City employees at those times when a majority of the Mayor and Council are agreed that a review of the action of the City Manager would be in the best interests of the City of Delaware City. An aggrieved employee of the City shall have the right to petition for a hearing before such Board of Appeal; provided that the petition is received by the Mayor and Council within ten (10) days of receipt of written notice of termination or suspension. The decision of a majority of the Mayor and Council shall be final and conclusive.

B. The City Manager shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter, or by ordinance, resolution or other law.

C. The City Manager shall attend all Council Meetings and shall have the right to take part in the discussion, but shall not vote.

D. The City Manager shall see that all laws, ordinances, provisions of this Charter and acts of the Mayor and Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.

E. The City Manager shall prepare and submit the annual operating budget, capital plan and capital budget to the Mayor and Council according to the requirements of this Charter.

F. The City Manager shall submit to the Mayor and Council and make available to the public a complete report on the financial and administrative activities of the City as of the end of each fiscal year.

G. The City Manager shall keep the Mayor and Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Mayor and Council concerning the affairs of the City as he deems desirable.

H. The City Manager shall prepare and submit such reports or special assignments as may be required by the Mayor and Council. He shall perform such other duties as may be prescribed by this Charter or required of him by Ordinance or Resolution of the Mayor and Council.

I. The City Manager shall have charge and supervision of the streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks and other administrative affairs of the City and all work relating thereto.

J. The City Manager shall have charge of and shall collect all taxes, assessments, rentals, license fees, and other charges due the City. He shall pay over to the City Treasurer at least weekly and more often if required by the Mayor and Council, all moneys received or collected by him and by any employee under his supervision. He shall keep a full and strict account of all moneys received and all disbursements made by him and such accounts shall at all times be open to inspection to the Mayor and Council;

K. The City Manager shall execute on behalf of the City, when authorized by the Council, all agreements, contracts, bonds, deeds, leases, and other documents necessary to be executed. The City Manager shall countersign all orders, drafts and checks authorized by the Council and drawn on the City Treasury for payment of money.

A. There shall be a Police Department which shall be directed and supervised by a police officer of the City who shall have the title of Chief of Police. The Mayor and Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of the Police Department. The Police Department shall preserve peace and order and shall compel obedience within the City limits to the Ordinances of the City and the laws of the State of Delaware. The Police Department shall have such other duties as the Mayor and Council shall, from time to time, prescribe. The Chief of Police and the members of the Police Department shall be subject to the direction of the City Manager, acting on behalf of the Mayor and Council.

B. Each member of the Police Department shall be vested, within the City limits and within one (1) mile outside the City limits, with all powers and authority of a constable of New Castle County, and may carry firearms, and in the case of pursuit of an offender, their power and authority shall extend to any part of the State of Delaware.

A. The Board of Health shall consist of five (5) members, who must be residents of Delaware City, one of whom shall be a practicing physician, if available, and one of whom may be a Councilperson, who is assigned to the Board of Health. The Board shall be appointed by the Mayor of the City of Delaware City with the advice and consent of a majority of the City Council. Members shall serve at the pleasure of the Mayor and Council for a period of two (2) years and shall be appointed at the first regular meeting of the Mayor and Council in May in the odd numbered years or until their successors are duly appointed and qualified.

B. The Board of Health shall have cognizance of an interest in the life and health of the people of Delaware City and shall report to the Mayor and Council in writing whatever in its judgment is injurious to the health and safety of the citizens and shall make recommendations to the Mayor and Council concerning whatever may contribute to the health and sanitation of the citizens of the City of Delaware City. The Board shall have all powers now or hereafter vested by the laws of the State of Delaware in Boards of Health generally, and also such additional powers as may be conferred by ordinance.

C. The Board of Health shall organize by the election of a Chairperson and Secretary within ten (10) days after notice of their appointment and shall keep a record of their proceedings and acts.

D. The Board of Health, at a regular or special meeting may authorize any of its members, agents or employees of the City to make an inspection of private property, upon presenting official identification, and where there is good cause shown that a violation of the health and sanitation code or related health ordinances exists on such property and provided that the owner is advised at least three (3) days in advance of such inspection, and that the inspection is made at a reasonable hour; except that such requirements shall not apply in the case of an emergency.

E. The Board of Health shall have the power to recommend the adoption of ordinances relating to the health of the citizens or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the same and such ordinances, when adopted by the Mayor and Council, shall extend to an area outside the City limits for a distance of one (1) mile.

A. The administrative policies of the City of Delaware City shall be prepared by the City Manager and shall be adopted by the Mayor and Council by ordinance with or without amendment. However, all appointments and promotions of City employees under the direction of the City Manager shall be made solely on the basis of merit and fitness for the position concerned.

B. The Mayor and Council shall establish, by ordinance, a code of ethics which shall apply to all employees and officials of the City including, but not limited to, appointed, elected, part-time, full-time employees and officials and members of Boards, committees and commissions.

A. Development. The Mayor and Council shall adopt, and may from time to time modify, a comprehensive development plan setting forth in graphic and textual form policies to govern the future physical development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a combination of plans governing specific functions and services or specific geographic areas. Such comprehensive development plan shall show, among other things, existing and proposed public ways, streets, bridges, tunnels, viaducts, parks, parkways, playgrounds, sites for public buildings and structures, pierhead and bulkhead lines, waterways, routes of railroads and buses, locations of sewers, water mains, and other public utilities, and other appurtenances of such a plan including certain private ways. Such plan shall be adopted and have the effect as set out herein.

B. Adoption of the Development Plan. Upon receipt from the City Manager of the proposed comprehensive plan, portions thereof, or proposed modifications thereto, the Mayor and Council shall refer such proposal to the Planning Commission, which shall, within a time specified by the Mayor and Council, report its recommendations thereon. After receipt of the recommendations of the Planning Commission, the Mayor and Council shall hold a public hearing on the proposed comprehensive plan or modification thereof, and may thereafter adopt it by ordinance with or without amendment. The comprehensive development plan shall serve as a guide to all future action of the Mayor and Council concerning land use and development regulations, urban renewal programs, and expenditures for capital improvements.

C. Implementation of the Development Plan. The Mayor and Council may, by ordinance adopt land use and development regulations including, but not limited to zoning and subdivision regulations. The Mayor and Council may, by ordinance, provide for redevelopment, rehabilitation, conservation and renewal programs for the alleviation or prevention of slums, obsolescence, blight, or other conditions of deterioration, and the achievement of the most appropriate use of land.

Before acting on any proposed ordinance concerning land use and development regulations, urban renewal, or expenditures for capital improvements, where such ordinance refers to a matter covered by the comprehensive development plan or the official map, the Mayor and Council shall refer the proposal to the Planning Commission, which shall, within a time specified by the Mayor and Council and prior to the public hearing on the proposed ordinance, report its recommendations thereon. Upon adopting any such ordinance, the Mayor and Council shall make findings and report on the relationship between the ordinance and the comprehensive plan, and in the event that the ordinance does not accord with the comprehensive plan, the plan shall be deemed to be amended in accordance with such findings and report.

A. Adoption of Official Map. The Mayor and Council shall have the authority to adopt an official map showing the public ways and parks within the City as therefore laid out and established by law and the private ways then existing and used in common by more than two owners. Such official map is hereby declared to be established to conserve and promote the public health, safety and general welfare. Upon the adoption of such an official map, and upon any change therein or addition thereto made, as hereinafter provided, the City Secretary shall forthwith file with the Recorder of Deeds in and for New Castle County a certificate of such action and a copy of such official map as adopted or as changed or added to.

B. Changes in Official Map. The Mayor and Council may, whenever and as often as it may deem it for the public interest, change or add to such official map so as to place thereon lines and notations showing existing or proposed locations not theretofore mapped of new or widened public ways and new or enlarged parks and proposed discontinuances in whole or in part of existing or mapped public ways and parks. No such change or addition shall become effective until after a public hearing in relation thereto before the Mayor and Council, at which parties in interest shall have an opportunity to be heard. At least ten days' notice of such a public hearing shall be given by advertisement in a newspaper of general circulation in the City.

After the Mayor and Council has adopted an official map as herein provided, no public way shall be laid out, altered, relocated or discontinued if such laying out, alteration, relocation or discontinuance is not in accordance with such official map as it then appears. After such adoption, no person shall open a way for public use, except as provided under this Charter, unless the location of such way is in accordance with the official map as it then appears, and the grading, surfacing and draining of such way have been approved by the Mayor and Council or the City Manager.

Upon final action by the proper authorities in laying out, altering or relocating a proper way, or in the discontinuing the whole or any part thereof, or in establishing or enlarging a public park or closing thereof in whole or in part, the lines and notations showing such improvement, discontinuance or closing as so established or effected shall, without further action by the Mayor and Council, be made a part of the official map.

C. Enforcement of Official Map. Officers and employees of the City may, so far as they deem it necessary in carrying out the provisions of the preceding Section, enter upon any lands and there make examinations and surveys, and place and maintain monuments and marks.

The Mayor and Council may petition the Court of Chancery for the State of Delaware to enforce any of the provisions of the preceding two Sections, and any ordinance made thereunder, by restraining by injunction violations thereof.

"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, that I will uphold the Charter and ordinances of Delaware City, and that I will faithfully discharge the duties of the office of ________ according to the best of may ability,"

A. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of sex, age, race or political or religious opinions or affiliations.

B. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter, or the regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions and regulations.

C. No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for, or in connection with, his test, appointment, proposed appointment, promotion or proposed promotion.

D. No officer or employee of the City, whether elected or appointed, shall promise an appointment to any City position as a reward for any political activity.

E. Any person who, by himself or with others, willfully violates any of the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than three hundred ($300) dollars, or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and shall further be ineligible for a period of five years thereafter, to hold any City office or position, and if an officer or employee of the City, shall immediately forfeit his office or position.

The City Solicitor and/or other retained counsel shall undertake the representation or defense, without charge, of any City official, employee, including the Mayor and Council, the City Manager, committee members, advisory board members and all other employees, with respect to any claim or cause of action arising out of or related to the performance by said official or employee of his public duties, provided that such activities:

(1) were done in good faith; and

(2) were done in the reasonable belief that such activities were in the best interest of the City and in the furtherance of the official practices and policies of the City; and

(3) were within the scope of authority of the person so acting; and

(4) were within the course of employment of the person so acting; and

(5) were not willful, malicious or wanton, as determined by the City Solicitor, subject to the approval of the Mayor and Council.

A. Initiative. The qualified voters of the City shall have power to propose ordinances to the Mayor and Council and, if the Mayor and Council fail to adopt an ordinance so proposed without any change in substance, other than those changes recommended by the City Solicitor for reasons of legality, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees.

B. Referendum. The qualified voters of the City shall have power to require reconsideration by the Mayor and Council of any adopted ordinance and, if the Mayor and Council fail to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital plan or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

A. Number of Signatures. Initiative and Referendum petitions must be signed by qualified voters of the City equal in number to at least twenty-five percent (25%) of the total number of qualified voters registered to vote at the last regular municipal election, or thirty percent (30%) of the total number of voters who voted at the last regular municipal election.

B. Form and Content. All papers of a petition shall be uniform in size and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (62 Del. Laws, c. 37, 5/12/79)

C. Affidavit of Circulator. Each paper of a petition shall have attached to it when filed, an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

D. Time for Filing Referendum Petitions. Referendum petitions must be filed within 30 days after adoption by the Mayor and Council of the ordinance sought to be reconsidered.

A. Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Secretary within two days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 13-03, and within five days after it is filed the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners_ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under subsection B of this Section within the time required, the City Secretary shall promptly present his certificate to the Mayor and Council and the certificate shall then be a final determination as to the sufficiency of the petition.

B. Mayor and Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Mayor and Council. The Mayor and Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as the sufficiency of the petition.

C. Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

(1) There is a final determination of insufficiency of the petition, or

(2) The Petitioners' committee withdraws the petition, or

(3) The Mayor and Council repeal the ordinance, or

(4) Five days have elapsed after a vote of the City on the ordinance.

A. Action by Mayor and Council. When an initiative or referendum petition has been finally determined sufficient, the Mayor and Council shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the Mayor and Council fail to adopt a proposed initiative ordinance without any change in substance within 60 days or fail to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.

B. Submission to Voters. The vote of the City on a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of the final Mayor and Council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Mayor and Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Mayor and Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

C. Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing, with the City Secretary a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

A. Initiative. If two-thirds of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Mayor and Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

B. Referendum. If two-thirds of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.