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)