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said municipality, not in conflict with the provisions of this charter, shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is organized and created by this charter.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)