Article II. Administration (Chapters 3 through 6)

Chapter 3. City Manager

Section 1. Chief Executive and Administrative Officer of City.
The city manager shall be chief executive and administrative officer of the city. The city commission shall act administratively by and through the city manager.

Section 2. Qualifications.
The city manager shall not necessarily be, at the time of his appointment, a resident of the city or state. Preference in the matter of appointment to said office shall be given to a man competent by experience or training.

Section 3. Compensation.
The city manager shall receive such compensation as shall be fixed by the city commission.

Section 4. Bond.
The city manager shall give bond approved by the city commission for the faithful performance of his duties.

Section 5. Powers and Duties Generally.
The city manager shall, subject to the control of the city commission, have entire charge of the city’s business, except as otherwise provided in this charter. His authority shall include:

(a) Employing and discharging all officials, employees and labor, except the city commission and city attorney.

(b) Managing and controlling all departments of the city’s business.

(c) Managing and controlling all materials, equipment and supplies for the city. The city manager shall not dispose of property belonging to the city, except on authority of the city commission.

(d) Caring for, repairing and improving the city’s property.

(e) Collecting and disbursing city money, subject to the restrictions of this charter.

(f) Seeing that the laws and ordinances are enforced.

(g) Acting as clerk of the commission and keeping the records thereof, and being custodian of the seal of the city.

(h) Performing such other duties as shall be consistent with his office and as shall be imposed upon him by the city commission. (C. 67-1597, Special Acts of 1967, § 1)

He shall attend all meetings of the city commission and make proper records and entries of all orders, resolutions, ordinances, opinions and proceedings thereof; keep a separate book in which shall be recorded in full all ordinances, bylaws, rules, resolutions or codes adopted by the city commission, with full and complete index and marginal references thereto; carefully file and preserve in his office all books and papers which may be delivered to him or come into his possession by virtue of his office, and carefully and legibly mark such papers; keep at all times and reasonable hours, the office free and accessible to any person having a right or claim of business therein. He shall perform all duties imposed by the city commission or any code or ordinance enacted by the city commission. He shall be the custodian of the corporate seal of the city. He shall be the custodian of all records and files, books and papers of the city, and the same shall be deemed public records. Copies of the same, when certified to by the city manager, under the corporate seal of the city, shall be taken and accepted in the courts of this state as evidence.

Section 6. Appointment of City Clerk and Collector.
The duties of the city clerk and collector of the city shall be performed by a person appointed by the city manager. The city commission shall provide polling p;aces and prescribe the manner of holding all elections. (Ord. No. 1621, § 3, 6-20-89)

Section 7. Attendance at Commission Meetings; Recommendations to Commission.
The city manager shall attend the meetings of the city commission, keep the commission fully advised of the affairs and needs of the city and recommend to the commission for adoption such measures as he may deem necessary or expedient in the interests of the city.

Section 8. Vacancies in Office.
In the event that by reason of death, sickness, resignation, absence or discharge of the city manager the office of city manager shall be temporarily vacant, the city commission may appoint a vice-manager to act pending the filling of the vacancy. Such vice-manager shall have temporarily the powers hereby vested in a city manager. No such vacancy shall be allowed to continue for longer than three (3) months.

Section 9. Authority of Commission Over Manager.
In matters within his authority, as fixed by this charter, the city manager shall be subject to the control of the city commission acting as a board in meeting assembled, but no commission shall otherwise attempt to dictate to or to interfere with the city manager or give orders to any officials or employees or undertake in any manner to direct the city’s affairs, and, if he shall do so, he shall be guilty of a misdemeanor and, in addition, shall be subject to removal by the city commission.


Chapter 4. Tax Assessor
Editor’s note:
Sections 1 and 2 have been omitted as repealed by Fla. Stats. § 195.206


Chapter 5. City Attorney

Section 1. Qualifications.
No person shall be appointed city attorney unless he shall be a member of the Florida Bar.

Section 2. Duties; Compensation.
The duties and the compensation of the city attorney shall be such as shall be fixed by the city commission.


Chapter 6. Municipal Development Board

Section 1. Definitions as used in this Chapter.
The following words and terms shall have the following meanings:

(a) The terms “municipal development board” and “board” shall mean the municipal development board of the city of Kissimmee, as hereinafter authorized to be created.

(b) The word “city” shall mean the city of Kissimmee, a municipal corporation organized under the laws of the State of Florida.

(c) The term “city commission” shall mean the city commission of the city of Kissimmee.

(d) The term “municipal district” shall mean the area of the city of Kissimmee as hereinafter defined, subject to the jurisdiction and application of the provisions of this chapter.

(e) The words “project” or “projects” shall mean any one (1), or any combination of two (2) or more, of the following when undertaken by, or owned, controlled or operated in or for the benefit of the municipal district: Parking areas, public parks, playgrounds, terminal storage and shed facilities for the loading, unloading and handling of passengers, landscaping, pedestrian shelters, streets, sidewalks, public rights-of-way, and any other public facilities, including all property rights, easements and franchises relating to any such project or projects which by resolution the city may deem necessary and convenient.

(f) The word “improvements” shall mean such replacements, repairs, extensions, additions, enlargements, embellishments of and to a project which are deemed necessary to place such project in proper condition for the safe, efficient and economic operation thereof when such project shall be undertaken by, or owned, controlled and operated by the municipal board.

(g) The term “cost” as applied to improvements shall mean the cost of acquiring and constructing improvements as hereinafter defined and shall include the cost of all labor and materials, of all machinery and equipment, the cost of engineering and legal fees, plans, specifications, financing charges and such other expenses as may be necessary or incident to such acquisition or construction. The term cost as applied to a project as acquired, constructed, extended or enlarge shall include the purchase price of any project acquired, the cost of such construction, extension or enlargement, the cost of all lands, projects, rights, easements and franchises acquired, the cost of all machinery and equipment, the cost of all engineering and legal fees and all investigations and audits, financing charges and all other expenses necessary or incident to the financing herein authorized and to the construction or acquisition of a project and the placing of the same in operation. Any obligation or expense incurred by the city commission prior to the issuance of revenue bonds under the provisions of this chapter for engineering studies for estimates of costs and of revenues, and for other technical financial or legal services in connection with the acquisition or construction of any project, may be regarded as part of the cost of such project.

(h) The term “owner of real property” shall mean any natural person who owns not less than an undivided one-fifth interest in real property having an area of not less than ten thousand (10,000) square feet. (C. 69-1195, Special Acts of 1969, §1)

Section 2. Definitions as used in this Chapter.
The city of Kissimmee shall have the authority to create by ordinance a municipal development board of the city of Kissimmee to be composed of five (5) members, to be appointed by the city commission to serve for the terms specified in this section, or until their successors are appointed and have accepted such appointment. For the first appointments made two (2) members shall be appointed for a term of three (3) years, two (2) members for a term of two (2) years, and one (1) member for a term of one (1) year. Upon expiration of these initial terms, the term of the office for each appointment shall be for three (3) years each. At least four (4) members of the municipal development board shall be qualified electors of the city and owners of real property in the city of Kissimmee.

The city commission may appoint one (1) member who is a nonqualified elector of the city provided that he owns real property within the municipal development district. Three (3) of the members shall be property owners within the municipal district. The term of membership of said board shall begin and run from the first day of June in the year such appointment shall be made. In the event of the resignation or death of a member of the commission the city commission shall fill such vacancy so created by such resignation or death by an appointment for the unexpired term of the member creating such vacancy. The city commission may appoint not more than two (2) of its members to membership in the development board. The city may require one (1) or more of the members of said board to be bonded if deemed necessary, the premium of such bonds to be paid from budgeted funds of the boards. (C. 69-1195, Special Acts of 1969, § 2; Ord. No. 957, § 1, 1-23-79)

Section 3. Duties.
The development board shall have the following duties:

1. To adopt an annual budget for the expenditure of funds allocated to the municipal district or board by the city commission of the city of Kissimmee, derived from funds budgeted by the city commission therefore, and from funds and sources of income derived from the taxation of real property within the municipal district as hereinafter provided, and from such revenues and sources as allocated thereto by the city commission.

2. To recommend to the city engineer rules and regulations to be adopted and enforced in the municipal district for pedestrian and vehicular traffic controls.

3. To assume the custody of such public properties and improvements within or without the municipal district allocated to said board by the city commission, but subject to the ordinances, rules and regulations which may from time to time be promulgated by the city commission of the city.

4. To provide for the proper accounting of all funds collected or derived by the development board, the authorization for the proper disbursement thereof for the reasonable and necessary operating expenses, and the payment of all funds to the finance officer of the city of Kissimmee.

5. To employ an administrator, director or superintendent to actively supervise and administer the affairs of the board and the municipal district in accordance with the policies, rules and regulations established by the board, such rules and regulations to be subject to the approval of the city commission.

6. To confer with the city commission and the city manager of the city in the functions and operation of the board and municipal district.

7. To incur all budgeted costs necessary for such investigations, studies, specifications, plans, drawings, borings, maps and estimates of costs and all revisions as may be necessary and thereafter prepare and adopt a comprehensive plan for the development and improvement of the municipal district, and to submit its recommendations upon the aforesaid to the city commission for approval or rejection of the same. (C. 69-1195, Special Acts of 1969, § 3)

Section 4. Powers.
The municipal development board, in order to carry out the duties imposed by this chapter shall have the following powers:

1. To employ personnel for the proper and efficient operation of the district and establish and fix the respective salaries thereof, subject to personnel rules, classification and pay plan of the city.

2. To requisition supplies, equipment, insurance and bonds in accordance with the appropriations therefore duly made in the annual budget of the board as approved by the city commission.

3. To receive, and properly account for all public funds and properties donated by or given by any person, firm or corporation to the city within the municipal district to be used for a specific purpose designated by the donors of such funds or properties. (C. 69-1195, Special Acts of 1969, § 4)

Section 5. Powers of City Commission.
The city commission of the city of Kissimmee, in order to accomplish the purposes of this chapter is hereby authorized:

(a) To construct, acquire, establish, extend, enlarge, improve, maintain, equip, support, and operate any project as hereinabove defined within the boundaries of said municipal district.

(b) To borrow money and incur indebtedness and to issue bonds payable from the proceeds of ad valorem taxes levied on real and tangible personal property within the district, approved by a vote of the electors of the district or revenue bonds upon or without security as the city commission may determine for the aforesaid projects of said district. (Ord. No. 911, § 1, 3-21-78)

(c) To make special rules and regulations by ordinance or otherwise for its own government of the property within said district.

(d) To exercise such policy powers as it ay deem to be necessary for the effective control and regulation of facilities and areas in the municipal district.

(e) To impose an ad valorem tax upon real property in the municipal district in addition to real property ad valorem taxes generally imposed upon property within the city of Kissimmee; provided, however, the millage rate of such taxation shall not exceed five (5) mils upon the assessed valuation of real property within the district over and above that regularly assessed by the city commission upon al real property within the city. All tax revenues derived by the city from such special taxation shall be used exclusively for projects as herein defined.

(f) To allocate the board funds derived from parking meters, rents, profits, leases and issues of public property within the municipal district; to determine, fix, collect, supervise and control the collection of fees from parking validation tickets, or other such sources of revenue from any project as herein defined as may from time to time be deemed necessary, expedient or required by the city commission to derive sources of revenue for expenditures within or without said district.

(g) To approve the budget as to administrative expense and the cost of projects as submitted by the board; to revise or amend, raise or lower or alter the estimate of the board with respect to any project or administrative expenses.

(h) To establish and maintain separate accounts for the receipt and disbursement of all funds allocated for the purpose herein provided. (C. 69-1195, Special Acts of 1969, § 5; Ord. No. 911, §§ 1, 2, 3-21-78)


Section 6. Limitations on Debts.
Any revenue bonds issued by the city of Kissimmee payable solely from the revenues of the municipal district shall not be deemed to constitute a debt or a pledge of the full faith and credit of the city, and all such bonds or revenue certificates issued shall contain such limitations on their face. Nothing herein contained shall authorize the development board to issue bonds or revenue certificates; and no indebtedness shall be incurred without the prior approval and consent of the city commission. (C. 69-1195, Special Acts of 1969, § 6)


Section 7. Audit of Accounts.
The books and records of the board shall be audited annually in the same manner as the books of the city of Kissimmee. (C. 69-1195, Special Acts of 1969, § 7)

Section 8. Purchases by Board.
No member of the board or other officer or member shall purchase supplies, goods or materials for use by the board or municipal district from any firm or corporation in which he is interested directly or indirectly, nor in any manner share in the proceeds of such purchase; the board shall not be obligated for the purchase price of such supplies, goods or materials so purchased; no member of the board or its officers or employees shall bid or enter into or be in any manner interested directly or indirectly in any contract for public works to which the municipal development board may be a party. (C. 69-1195, Special Acts of 1969, § 8; Ord. No. 1771, § 1, 3-12-91)

Section 9. Procedure for Claims.
Every claim ex contractu or ex delicto arising out of any project or act of the board, whether liquidated or unliquidated, vested, fixed or contingent shall be filed by the claimant or his duly authorized agent or attorney with the city of Kissimmee as by general law provided in the same manner applicable to claims against the city, and shall be barred if not so filed; said writing representing said claim shall be particular as is known to the claimant, set out the details of such claim, and specify the witnesses, if any, claimants rely upon to support the same. (C. 69-1195, Special Acts of 1969, § 9)

Section 10. Intent of Chapter.
No provisions of this chapter shall be construed to divest the city of Kissimmee of the ownership of any public property owned at the time of the enactment of this chapter or at the time of the establishment of the board or thereafter acquired in the municipal district or by any project defined herein, or the exercise and control of the same by the city commission of the city of Kissimmee as by law provided; it is the intention and purpose of this chapter to confer special authority and jurisdiction of the city in and upon the municipal district so as to coordinate the proper expenditure of funds and operation of projects thereby as herein defined, provide for municipal development and services therein, for the best interest of the city of Kissimmee. (C. 69-1195, Special Acts of 1969, § 10)

Section 11. Municipal District Territory.
The area of the municipal district is described as follows:

All of Blocks 10 through 14 and Blocks 17 through 21 and the abutting streets, avenues, and alleys thereto, according to the South Florida Railroad Company’s Plat of the town of Kissimmee City, Osceola County, Florida.

Also, all of Lots 2 and 3 of Block I of W. A. Patrick’s Addition to Kissimmee City, Osceola County, Florida, and all of Johnson’s and Prevatts Subdivision of Lots 1 and 4 of Block I of said W. A. Patrick’s Addition, and all abutting streets, avenues, and alleys thereto.

All of that portion of Block 26 of the South Florida Railroad company’s Survey of the Town of Kissimmee City, Osceola County, State of Florida, lying and being north and west of the right-of-way of the Atlantic Coast Line Railroad Company, except: A strip sixty-one (61) feet wide fronting on Broadway and also fronting on Dakin Avenue to Thurman Street, said excepted portion being more particularly described as follows: Beginning at the northeast corner or said Block Twenty-six (26) of the South Florida Railroad Company’s Survey of the Town of Kissimmee City, Florida, and run thence in a southwesterly direction along Thurman Street Sixty-one (61) feet; thence run northwesterly parallel with Dakin Avenue to Broadway Avenue; thence run along Broadway Avenue sixty-one (61) feet to Dakin Avenue; thence run along Dakin Avenue to the point of beginning. The portion of Block twenty-six (26) of the South Florida Railroad Company’s Survey of the Town of Kissimmee City, Florida, hereby conveyed, fronts on Broadway Avenue and Thurman Avenue two hundred and thirty-nine (239) feet, and is three hundred (300) feet on Possiel Avenue (now Monument Avenue). (C. 69-1195, Special Acts of 1969, § 11; Ord. No. 883, § 1, 8-16-77)

Section 12. Procedure for Altering Territory of District.
The city commission of the city of Kissimmee shall be authorized to extend the heretofore defined territory to include contiguous territory upon the petition for admission by the owners of such contiguous territory. (C. 69-1195, Special Acts of 1969, § 12)

Section 13. Budget Procedure.
The board shall submit an annual budget to the city commission pursuant to the budget schedule of the city as it may from time to time exist, or upon such special schedules for submission as the commission may prescribe. A public hearing preceding the budget adoption shall be advertised and held coincident with and in the same manner as the hearing and adoption of the city budget. The proposed budget shall reflect therein the millage to be imposed upon the real property within the municipal district, defining the property within the municipal district, defining the zones and the amount of millage as adopted by the city commission within the district. (C. 69-1195, Special Acts of 1969, § 13)

Section 14. Exemption from Taxation.
All public property within the district or projects as herein defined undertaken for a public purpose; and all property or funds donated for such projects or purposes of this act shall be exempt from the levy or collection of any taxes or special assessments. (C. 69-1195, Special Acts of 1969, § 14)

Section 15. Provisions of Chapter Severable.
If any section, subsection, paragraph or clause herein shall, for any reason, be held unconstitutional, invalid or inoperative, the same shall not in any way affect the remaining provisions hereof and it is hereby declared to be the intent of the legislature to enact the remaining provisions herein. (C. 69-1195, Special Acts of 1969, § 15)

Section 16. Repeal of Conflicting Laws.
All laws or parts of laws in conflict herewith are hereby repealed. (C. 69-1195, Special Acts of 1969, § 16)

Article II. Administration (Chapters 1 and 2)

Chapter 1. In General

Section 1. Appointment, Term, etc. of Certain Officers.
The City Commission shall appoint the City Manager and the City Attorney.
(C. 67-1597, Special Acts of 1967, §1) (Am. Ord. 2125, passed 8-27-96)

Section 2. Conflicts of Interest by City Officials; Prohibited Purchases.
Neither the City Commission nor any City board, Commission or other agency shall purchase supplies, goods or materials for public use from any firm or corporation in which any member of such Commission, board or agency is either directly or indirectly interested, nor shall any such Commission, board or agency pay for such supplies, goods or materials so purchased. Any person violating the provisions of this subsection shall be punished, upon conviction, by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding one (1) year; provided, that no member of any Commission, board or agency aforesaid who shall have recorded his vote against such illegal purchase or who shall have been absent at the taking of the vote thereon shall be convicted of a violation of this section.

No City officer shall purchase supplies or materials for public use from himself or from any firm or corporation in which he is interested, nor in any manner share in the proceeds of such purchase. Any person violating this subsection shall, upon conviction be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding one (1) year.

No person shall be subject to prosecution under this section when such purchases are:

(A) Made from the lowest bidder under sealed bids; or
(B) Made at current market prices under a rotation system by which purchases are rotated among the different supplies; or
(C) Made at current market prices and are for an aggregate amount in any calendar year of not more than one thousand dollars ($1,000.00); or
(D) For legal, medical, utility services, newspaper advertising, telephone or telegraph service, insurance premiums or similar services.
(Am. Ord. 1857, § 7.01, passed 10-6-92)

Section 3. Prohibitions – Hold Other Office.
Except where authorized by law, no Commission shall hold any other City office or City employment during the term for which he was elected to the council.
(Am. Ord. 1857, passed 10-6-92)

Section 4. Prohibition – Interference with Administration.
Neither the Commission nor any of its members shall in any manner dictate the appointment or removal of any City officers or employees whom the manager or the manager’s subordinates are empowered to appoint, but the Commission shall have the power to remove the City manager as provided by this Charter and may express its views and discuss all matters with the Manager. Except for the purpose of inquiries or investigations under this Charter, the Commission and its members shall deal with city officers and employees solely through the manager, and neither the Commission nor its members shall give orders to any such officers or employees either publicly or privately.
(Am. Ord. 1857, passed 10-6-92)

Section 5. Authority to Sell Municipal Electric System.
Whenever a majority of the qualified electors of the City of Kissimmee, in an election called and held for that purpose, shall approve and ratify the sale by the city of its electric generating plant and distribution system, including all engines and power plant apparatus, all wires, meters, poles, transformers, right-of-way and street lighting equipment, electric stores and supplies owned and used by the city for the generating and distribution of electricity, the city is hereby authorized and empowered to barter, sell and transfer said property.

Prior to the holding of any election, the mayor-commissioner and the city manager shall issue their proclamation, calling such election, which proclamation shall contain a brief synopsis of the proposed sale. Such proclamation shall be advertised, once a week for four (4) consecutive weeks prior to the date set for such election, in a newspaper of general circulation in the city of Kissimmee. Such election shall, in all other respects, be held in the same manner as other elections are now held, under the laws of the state and the ordinances of the city.

Should such election be held and a majority of the qualified electors of the city in such election ratify and approve a proposed sale, then the city commission is hereby authorized, empowered and directed to consummate such sale and transfer and deliver such property to the purchaser thereof, upon compliance by the purchaser with the terms an conditions of such proposed sale.

Section 6. Payment of Salaries, etc., to Certain Employees Dismissed Prior to Expiration of Term of Office.
In the event that any of the employees of the city who are appointed to serve either as city manager, city attorney, municipal judge or city prosecutor are discharged or requested to resign prior to the expiration of the term to which they are appointed, such discharge or resignation shall not become effective until such employees or appointees have been paid in full all salary due them to date, if they are saleried officers, or all retainers, commissions and fees, including reasonable fees for all pending litigation, in the case of employees or appointees who are paid entirely or partially by fees and commissions.

Section 7. Joint Ownership and Operation of Electrical Energy Production Facilities with St. Cloud, Florida.
The City of Kissimmee, Florida, in addition to the authority it now possesses under its present charter, be, and it is hereby further authorized to jointly, with the city of St. Cloud, Florida, purchase, hire, construct, own, maintain and operate, both inside and outside the limits of said city, land and facilities necessary to produce electrical energy and to transmit such energy over joint or separate transmission facilities in conjunction with the city of St. Cloud, Florida, and to make such contracts as may be necessary in relation thereto, and to establish by ordinances of the city, if necessary, an authority or agency to accomplish the acquisition, construction, enlargement, improvement, operation and maintenance of the facilities with the city of St. Cloud, Florida, with the power to issue revenue obligations for the financing thereof. (C. 69-1193, Special Acts of 1969, §1)

Chapter 2. City Commission

Section 1. Legislative Body.
The corporate authority of and legislature powers of the City shall be vested in a City Commission, which shall be composed of four regular Commissioners, designated as Seat 1, Seat 2, Seat 3, and Seat 4, and one Mayor-Commissioner.
(Ord. No. 1741, § 1, 1-20-90; Am. Ord. 1857, § 1, passed 10-6-92)

Section 2. Term of Office of Commissioners.
The Mayor-Commissioner and other City Commissioner shall be elected for a term of four (4) years or until his or her successor is duly elected and qualified as hereinafter provided. No person shall be elected to the City Commission more than two consecutive four (4) year terms. The term of office shall begin on the first regular meeting of the City Commission following the certification of election results, except as provided in Section 3 below. (Ord. No. 532, §1; Ord. No. 782, §§1, 2; Am. Ord. 1858, passed 10-6-92; Am. Ord. 1880, § 1, passes 3-30-93)

Section 3. Initial Term of Office.
The initial term of office by the Mayor-Commissioner shall commence on the first Tuesday in April 1993 and end on the first Tuesday in April 1996.

The initial term of office of Commission Seats #1 and #3 shall begin on the first Tuesday of April 1993 and end on the first Tuesday in April 1996.

The initial term of office of Commission Seats #2 and #4 shall begin on the first Tuesday of April 1994 and end on the first Tuesday in April 1998.
(Am. Ord. 1880, § 2, passed 3-30-93)

Section 4. Commissioners to Continue in Office until Successors Elected and Qualified; Exceptions.
Except where a commissioner has resigned, been removed or been recalled, he shall continue to hold office until his successor is elected and qualified.

Section 5. Mayor-Commissioner.
One Commission member shall be the Mayor, who shall be elected to the office in the manner provided in Section 7 of this chapter, except as provided in this article for the filling of a vacancy in the office of mayor.
(Am. Ord. 1857, § 8, passed 10-6-92)

Section 6. Compensation of Commissioners.
(a) Each member of the city commission shall receive as an annual salary the amount indicated below, based upon the population of the City of Kissimmee. In addition, to the base salary shown, compensation shall be made for population increments over the minimum for each population group at a rate of $0.40 per resident.
[Compensation Table appears below]

Population Group City Population Range Base Salary
Minumum Maximum
A 30,000 39,999 $12,000
B 40,000 49,999 $16,000
C 50,000 59,999 $20,000
D 60,000 69,999 $24,000
E 70,000 79,999 $28,000
F 80,000 89,999 $32,000
G 90,000 99,999 $36,000

(a) In addition to the annual salary amount calculat4d in subsection (a) above, the Mayor-Commissioner shall receive one thousand two hundred dollars ($1,200.00) annually and the Vice-Mayor shall receive one hundred and eighty dollars ($180.00) annually, prorated monthly.

(b) Annual compensation shall be automatically adjusted within thirty (30) days after receipt of the annual population figures, as compiled by the Executive Office of the Governor, in accordance with the Florida Statutes No. 186.901. This annual compensation shall be prorated over the subsequent twelve-month period.

(c) Definition. “Population” means the population according to the latest annual determination of population of local governments produced by the Florida Department of Administration in accordance with Florida Statutes chapter 23.019.

(d) The formula set out in subsections (a) through (d) shall not be amended except after passage of a duly authorized ordinance and submission for referendum as authorized under Florida Statutes chapter 166. (Ord. No. 896, § 1, 11-1-77; Ord. No. 926, § 1, 5-20-78; Ord. No. 930, §§ 1-5, 7-18-78; Am. Ord. 1857, § 5, passed 10-6-92)

Section 7. Candidates to Announce and Qualify for Particular Office; Deadline for Qualification; Method of Qualifying; Majority Vote Required for Election; Conduct of Election; When Candidate to Take Office.
Each candidate for the office of City Commissioner and Mayor-Commissioner shall announce and qualify specifically for the particular seat by number for which he is a candidate, as provided by ordinance. A candidate shall qualify as set forth by resolution of the Cit Commission. The candidate shall present a petition to the City Commission containing at least twenty (20) qualified voters requesting the candidate’s name to appear on the ballot of the next election. The candidate receiving the majority of the votes cast shall be elected to that office. Each election shall be conducted as are now and hereafter provided by law. A candidate receiving a majority of votes in the general election shall take office at the City Commission meeting following the formal certification of the elcetion results. In the event that no candidate receives the majority of the votes cast at the election, then a runoff election, as provided in Article III, Chapter 1, Section 1, shall be held with the two candidates receiving the highest number of votes. In the general election, the winning candidate may be sworn in and take office at the same City Commission meeting when the results are certified; however, the certification of the results must precede any such swearing in or taking of office. (Ord. No. 530, § 1; Ord. No. 1049, § 1, 6-3-80; Ord. No. 1660, 2005, § 2, 10-4-94; Ord. No. 2123, § 1, 8-27-96; Am. Ord. 2378, passed 1-30-01)
Editor’s Note:
Ordinance No. 1049, amending § 7, was approved at an election held March 31, 1981
State law reference:
Election code, Fla. Stats. Chs. 98, 99, 104

Section 8. Judge of Qualifications and Election of Members; Removal of Members.
Any qualified elector of the City, who shall have been a resident of the City for six (6) months immediately prior to registering for the office. The City Commission shall be the sole Judge of the Elections, Returns, and Qualifications of its own Members.
(Am. Ord. 1857, § 3, passed 10-6-92)
State law reference:
Similar provisions, rmoval of officers, Fla. Stats. § 165.22

Section 9. Quorum.
A quorum of the city commission shall consist of three (3) members thereof, except where by virtue of conflict of interest, three (3) of the commissioners cannot act, then the remaining Commissioners may act.
(Am. Ord. 1857, § 9.3, passed 10-6-92)

Section 10. Majority Vote of Entire City Commission Requred to Transact Business.
Unless otherwise provided herein, a majority of the entire city commission shall be mandatory to authorize any action taken by the commission. The action of the City Commission shall be expressed by ordinance or resolution.
(Am. Ord. 1857, § 10, passed 10-6-92)

Section 11. Meetings.
The commission shall meet regularly at least once a month at such times and places as the Commission may prescribe by ordinance, resolution, or rule. All meetings of the Commission shall be public.
(Am. Ord. 1857, § 9, passed 10-6-92)

Section 12. Special Meetings - Call.
Special meetings may be held on the call of the City manager or of a majority of the members of the Commission, when requested in writing for such date, time, place and purpose as shall be specified in the written request. No other business than that specified in the call shall be transacted, except that by unanimous vote of all Commissioners present.
(Am. Ord. 1857, § 9.1, passed 10-6-92)

Section 13. Same - Notice.
Notice of any special meeting shall be in writing, specifying the purpose, date, time and place and whenever practicable, upon no less than twenty-four (24) hours notice to each member and to the public. Such notice shall be served by the City Manager or his designee to each Commission member personally if he can be found, or posted at his place of business and residence. Service may be dispensed with, if waived by all members of Commission.
(Am. Ord. 1857, § 9.2, passed 10-6-92)

Section 14. Records and Meetings Public.
All records and meetings of the City Commission shall be entered in the official record.
(Am. Ord. 1857, § 10.2, passed 10-6-92)

Section 15. Action to be by Ordinance or Resolution.
Ordinances and Resolutions shall be made, and adopted, pursuant to Chapter 166 of the Florida Statutes, entitled “Municipal Home Rule Powers Act”, as may be hereafter amended and revised. The City Commission may provide, by appropriate action, requirements for the adoption of ordinances and sct forth in Chapter 166, Florida Statutes.
(Am. Ord. 1857, § 11, passed 10-6-92)
State law reference:
Similar provisions, Fla. Stats. § 166.041

Section 16. Rules for Conduct of Meetings, etc.; Authority to Compel Attendance of Members.
The city commission may enact rules of procedure and determine its order of business. The City Commission is authorized to make bylaws for its own guidance and to compel the attendance of its members at is meetings.
(Am. Ord. 1857, § 10.1, passed 10-6-92)

Section 17. Filling of Vacancies.
The office of a Commissioner shall become vacant upon his or her death, disability, resignation, removal from office or forfeiture of office in any manner authorized by law. If a vacancy occurs in the Commission for any reason whatsoever, the Commission by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the next regular municipal election or for the remainder of the unexpired term, whichever occurs first. If a majority of said remaining members are unable to agree upon the election of a Commissioner to fill said vacancy after 30 days, the City Commission shall call a special election for that purpose. Provided that no such special election shall be held within six (6) months prior to a regularly scheduled municipal election.
(Ord. No. 954, § 1, 1-2-78; Am. Ord. 1857, § 4, passed 10-6-92)
Editor’s note:
Section 17 was amended by Ord. No. 954, adopted Jan. 2, 1979, and approved by the voters at an election held on March 27, 1979. The ordinance becomes effective ten days after approval by the voters and upon filing a certified copy thereof with the secretary of state.

Section 18. Removal from Office.
A Commissioner may be removed from his office for nonfeasance, misfeasances, or malfeasance. The City Commission shall have sole power to try all impeachments. Upon the filing of formal written charges with the City Clerk, the remaining Commissioners not charged or involved shall sit for that purpose. The Commission shall determine the time for trial, but the time fixed for trial shall not be more than three (3) months after filing of the formal written charges. The Mayor-Commissioner shall preside at the trial, except in a trial of Mayor-Commissioner, in which case the Vice-Mayor shall preside. During the public impeachment trial all Commissioners shall be upon their oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the remaining members present. Judgment of conviction shall remove the Commissioner from office.
(Am. Ord. 1857, § 4.1, passed 10-6-92)

Section 19. Forfeiture of Office.
A Commissioner shall forfeit his office if he lacks at any time during the term of office any qualification for the office prescribed by this Charter or by law; violates any express prohibition of this Charter; is convicted or pleas guilty or nolo contendere to a felony or a crime involving moral turpitude.
(Am. Ord. 1857, § 4.2, passed 10-6-92)

Section 20. Powers and Duties Generally.
The City Commission shall have all the powers now or hereafter vested by the general municipal laws in the Mayor and City Commission of Florida Municipalities incorporated under the general laws, and also all powers now or hereafter vested by special act in the Town or City or Kissimmee, Florida, and also all said additional powers, express, implied, or incidental, as shall be necessary to carry out the purpose of this Charter and the protection of the general health, safety and welfrare of the inhabitants of the City of Kissimmee. (Am. Ord. 1857, § 6, passed 10-6-92)
State law reference:
Municipal Home Rule Powers Act, Fla. Stats. Ch. 166

Section 21. Delegation of Powers.
The City Commission may by resolution or ordinance delegate to the City manager the power to execute contracts, deeds, and other documents approved by the Commission, and to represent the City in all agreements with other governmental entities or certification to other governmental entities.
(Am. Ord. 1857, § 6.1, passed 10-6-92)

Section 22. Investigative Powers.
The City Commission may compel attendance of witness and production of documents and other evidence upon any matter under investigation before it or any of its committees, boards, or commissions, and may punish by a fine not to exceed one thousand dollars or imprisonment not exceeding 180 days or both, any person who has been guilty of disorderly or contemptuous conduct in its presence or has refused to obey its lawful summons or to answer lawful questions.
(Am. Ord. 1857, § 6.2, passed 10-6-92)

Section 23. Contracts of More than Five Thousand Dollars.
The city commission shall approve all contracts involving expenditures of more than five thousand dollars ($5,000.00) by the city or any of its agencies.
(Ord. No. 925, § 1, 5-30-78; Ord. No. 1621, § 2, 6-20-89)

Section 24. Fixing of Millage for Tax Assessments.
The city commission shall fix the millage for tax assessments and equalize the taxes within the city.
State law reference:
Similar provisions, Fla. Stats. § 166.211

Section 25. Reserved.
Editor’s note:
Provisions regarding recall of commissioners have been omitted, since they have been supplanted by state law, see chapter 74-130, Laws of Florida

Article I. General Provisions

Chapter 1. In General

Section 1. Abolishment of Present Municipality.
The present municipal government existing under the name of the City of Kissimmee is hereby abolished.
(Am. Ord. 1859, § 2, passed 10-6-92)

Section 2. Establishment of new Municipality.
The inhabitants of the City of Kissimmee, Florida, as its limits are now or may hereafter be established, shall be and continue to be a body politic and corporate to be known and designated as the “City of Kissimmee,” and as such shall have perpetual succession.
(Am. Ord. 1859 § 3, passed 10-6-92)

Section 3. Title to Property, etc., Reserved to New Municipality.
The title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees, liens, suits, actions and choses in action, held or owned by the existing municipality, shall pass to and the same hereby are vested in the municipal corporation organized under this charter to succeed the municipality abolished. No pending cause shall be abated by this transition.
(Am. Ord. 1859, § 3, passed 10-6-92)

Section 4. Obligation of Contracts Preserved.
No debt or contract of the present municipality, including bonds heretofore issued, shall be impaired or avoided by this charter, but all such debts and obligations shall pass to and be binding upon the new municipality which is organized and created by this charter.
(Am. Ord. 1859, § 5, passed 10-6-92)

Section 5. Officers Hold Over Until Successors Qualify; Existing Ordinances Continued.
All officers herebefore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the duties thereof until their successors are elected and confirmed under the provisions of this charter. All existing ordinances of the said municipality, not in conflict with the provisions of this charter, shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is organized and created by this charter.
(Am. Ord. 1859, § 5, passed 10-6-92)


Chapter 2. Powers

Section 1. Boundaries.
The boundaries of the City of Kissimmee, in Osceola County shall be as follows:

The corporate limits of the City are not printed herein, but are on file in the City Clerk’s Office.
(Ord. 1867, § 1, passed 12-8-92)

Section 2. Extension or Contraction of Corporate Limits.
The boundaries of the City may be changed and enlarged or contracted in a manner provided by general law or by Florida Statutes, without further amendment of this section, or upon petition of the owner or owners of any lands adjoining the territorial boundaries of the said City to annex or contract such lands by ordinance to the territorial limits of the City. All such land so annexed shall be and become a part of the said City with the same force and effect as though the same has been originally incorporated in the territorial boundaries thereof.
(Ord. 1867, § 2, passed 12-8-92)

Section 3. Revision of Legal Description of Boundaries Copy with Changes.
As often as the commission may deem necessary, but in any event not less frequently than every five (5) years, the legal description of the city boundaries shall be revised and updated to include all changes therein. The revised description shall then be codified and appear in Article I, Chapter 2, Section 1 of the City Charter.
(Ord. 1867, § 2.1, passed 12-8-92)

Section 4. Corporate Powers.
The City of Kissimmee shall have perpetual succession, and may sue, be sued and defend in its own name in all courts and proceedings. It shall have and use a common seal and alter the same at pleasure. It may acquire, own, hold, use, rent, lease, grant, sell and dispose of real and personal property, or any interest therein, for any municipal purpose.
(Ord. 1867, § 3, passed 12-8-92)

Section 5. General Powers.
The City of Kissimmee shall have, hold, possess the broad home rule powers granted unto municipalities by the Constitution of the State of Florida. It shall have the authority to exercise the fullest powers for municipal government, for corporate, and for proprietary purposes and to enable it to conduct municipal government, perform municipal functions and render municipal services whatsoever. The powers of the city shall be construed liberally in favor if the City, limited only by the Florida constitution, Florida Statutes and specific limitations contained therein. Future special acts of the Florida Legislature pertaining to the jurisdiction and exercise of the powers of this City shall be considered amendments to this Charter and, pursuant to the provisions adopted for incorporation of other Charter amendments specified in this Charter, shall be incorporated as official amendments to the Charter.
(Ord. 1867, § 3.1, passed 12-8-92)

Section 6. Extraterritorial Powers.
All valid and lawful extraterritorial powers heretofore granted to and conferred upon the City of Kissimmee and its City Commission by any special Florida are hereby expressly reserved, retained and preserved into the City for its lawful use and continued existence hereunder, including those powers conferred or granted in the following Special Acts, to wit: Special Act 1969 § 1 Chapter 69-1193.
(Ord. 1867, § 3.2, passed 12-8-92)

Section 7. Intergovernmental Powers.
The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with anyone or more States or civil divisions or agencies thereof, Constitutional Officers or the United States or any agency thereof.
(Ord. 1867, § 3.3, passed 12-8-92)

Section 8. Form of Government.
The form of government of the City of Kissimmee provided for under this revised Charter shall continue as a “commission-manager plan.”
(Ord. 1867, § 4, passed 12-8-92)

Section 9. Definitions and Rules of Construction.
In the construction of this charter, the following definitions and rules of construction shall be used, unless the context clearly indicates otherwise or such construction would be inconsistent with the manifest intent of the Commission. In these circumstances whereby a word or words are not defined its definition shall be that as defined in Black’s Law Dictionary latest edition.

City. The word “the city” or “this city” shall be construed as if the words “of Kissimmee” followed it.

Commission, city commission. Whenever the words “commission” or “city commission” are used, they shall be construed to mean the city commission of the city of Kissimmee.

County. The words “the county” or “this county” shall mean the county of Osceola.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnership and corporations as well as to males.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Owner. The word “owner” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, or the whole or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property includes every species of property except real property, as herein defined.

Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.

Property. The word “property” shall include real and personal property.

Public place. The term “public place” shall mean any park, cemetery, school yard or open space adjacent thereto and any lake or stream.

Real property shall include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature or subscription includes a mark when the person cannot write.

State. The words “the state” or “this state” shall be construed to mean the state of Florida.

Street. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

Tenant. The word “tenant” or “occupant,” applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
(Ord. 1867, § 5, passed 12-8-92)