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
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