Last updated June 18, 2010

The Kissimmee Commission has approved several changes to the city charter, most minor changes that involve removing or updating outdated passages as recommended by the resident charter committee last year.

Residents will vote on all the changes that end up approved for their consideration by the commission during the local elections on Aug. 24.

The proposed changes:

Italicized type is the official text as it will appear on the ballot.

Ordinance 2747 (Passed for inclusion on ballot, April 6):

Provides that the legal boundary description of the City be on file with the City Clerk, references acts of the Legislature and providing for definition by a Dictionary and deleting certain definitions.

1) Legal description of city boundaries will be on file at the City Clerk’s Office and no longer be printed in the code book.

2) Clarifies the city has been given extraterritorial powers via acts of the Florida Legislature.

3) The definition of “joint authority” is deleted. The “American Heritage College Dictionary” is added as a source of definitions not otherwise explained.

Ordinance 2754 (Passed for inclusion on ballot, April 20):

Provides that no Commissioner may provide services from his/her private business, eliminates exception for purchases less than $1,000.00 in a year; corrects reference to Commission, deletes Municipal Judge and City Prosecutor; clarifies City electrical system and employees entitled to accrued benefits.

1) Section 2 “Conflict of Interest” has been amended by adding words for grammatical purposes such as “and,” “any,” “not,” “be punished,” etc. In addition, the word “services” has been added to clarify that no commissioner shall provide to the city services from his or her private business. Eliminates an exception in prosecution for purchases less than $1,000.

2) The word is changed from “council” to “commission.”

3) Clarifies that the city cannot sell off parts of the electric system, but must sell the “entire” system, given voters’ approval.

4) Eliminates references to the “municipal judge” and “city prosecutor” since the city no longer has those offices.

5) Clarifies that upon discharge by the City Commission, city employees are entitled to all salary and “benefits” due to them to date.

Ordinance 2753 (Passed for inclusion on ballot, April 20):

Changes residency from six (6) months to one (1) year to qualify for City Commission Office; defines a quorum, provides for majority of Commission where if conflicts occur to take action; changes contract approved by Commission from $5,000.00 to $35,000.00 with an escalator clause; clarifies and revises words and Florida Statute Section numbers.

1)  Add words for grammatical purposes, such as pluralizing “commissioners,” etc.

2)  Adds words for clarification (e.g. the mayor-commissioner is “Seat 5” and Kissimmee is a “city” and not a “town”).

3)  Removes Section 3, which explained how the initial elections were to be held when the city went to four-year terms in 1993.

4) Revises new Florida Statute Section numbers where needed.

5) Changes residency from six to 12 months to qualify for City Commission.

6) Defines a quorum as three commissioners, especially in the case where a commissioner has a conflict of interest or when a commissioner temporarily leaves the meeting. If a commissioner cannot vote on something due to a conflict, he or she will still count toward a quorum present.

7) Provides that, when a quorum is present, but a conflict occurs on a particular item, and less than a majority of the commissioners are available to vote on that item, then the item shall be continued to a future agenda.

8) Changes the amount from $5,000 to $35,000 for commission approval of contracts, including an annual escalator clause for Consumer Price Index (CPI) increases. This change was approved in the 1990s.

Ordinance 2757 (Passed for inclusion on ballot, May 4):

Providing that City Commission may waive residency of City Manager, delete City Collector, bond requirement for City Manager and clarifying prolonged absence and changing term Vice Manager to Acting City Manager.

1. Allows the City Commission to waive city manager residency in the city and deleting the implied requirement that the city manager must be a male.

2. Deletes the bond requirement for the city manager, since the city provides this already.

3. Deletes references to a city collector since the county provides this function. Delete references to the commission providing polling places, since the county handles this. Deletes references to the Tax Assessor, since the county handles this function.

4. Adds the word “prolonged” absence to the sentence requiring the commission to appoint someone to fill in as acting City Manager and changes the term “vice” manager to “acting” manager.

Ordinance 2758 (Passed for inclusion on ballot, May 4):

Clarify the City General Election day to Florida Primary Election; change notice for Special Election from 10 to 30 days; clarify that City Election are non-partisan; Financial Reports changed from monthly to quarterly ; audit by a CPA; clarify and delete language on Bonds; Bond Trustees; Elections; Bank Assessments; renumber sections.

1) Changes the language defining election day to “Florida primary elections.”

2) Changes special election notice from 10 days to 30 days.

3) Deletes election language that is now covered by state law.

4)  Adds that the elections are nonpartisan.

5) Adds language to allow for advances in technology.

6) Changes financial reports from monthly to quarterly

7) Adds a requirement for a certified public accountant to audit city records.

8) Deletes language on surety substitutions.

9) Deletes the section that requires the city appoint bond trustees as this is no longer required by law.

10) Changes bond language to allow for current bond procedures.

11) Deletes assessments of banks and corporations as that is done by the state now.

12) Renumbers several sections.

Ordinance 2760 (Passed for inclusion on ballot, May 18)

Allows Commission action on contracts without resolutions; deletes chancery courts, permits for elevators; provides for enforcement of Charter and related ordinances in Circuit Court; changes denominations of bonds, correct scriveners error; delete and renumber sections superseded by State Law.

1) Eliminates the reference that City Commission action on contracts needs to be specifically by resolution.

2) Deletes reference to chancery counts as this legal action no longer exists.

3) Corrects scrivener errors (e.g. “upon a” to “under”).

4) Changes the denomination of bonds issued for improvement projects to reflect state law and allows the commission to set the interest rate on the bonds.

5) No longer requires construction permits for elevators since they are regulated by state law.

6) Adds a section to provide for enforcement of the charter and related ordinances in circuit court.

7) Adds a section that no building permits are to be granted for buildings that would be in violation zoning ordinances.

8) Deletes sections superseded by state law and unused sections of the charter.

Ordinance 2762 (Passed for inclusion on ballot, June 1)

Clarifies that terms on KUA Board are 5 years and re-appointments may occur after a vacancy of 1 year; changes word “election” to “appointment” of Board Members; increase from 7 to 14 days to deliver minutes of meetings; corrects scrivener error.

 1) Clarifies that terms on the KUA board are 5 years. Adds that board members who have served two terms must wait one year before they are eligible to serve again.

2) Changes the word “elected” to “appointed” to reflect how board members are chosen.

3) Increases the amount of time KUA can take to get minutes to commissioners from seven days to 14.

4) Corrects a scrivener error (“transformed” changed to “transferred”). 

Ordinance 2761 (Passed for inclusion on ballot, June 1)

Adds a provision for an official motto of the City, “In God We Trust”.

1) Adds "In God We Trust" as the city's motto. 

Proposed Ordinance No. 10-21 (Failed in 3-2 vote, May 18)

1) Changes the way KUA board members are appointed, requiring the city commission to make the appointment and approve the appointment with a majority vote and deleting a reference that KUA board members still in power make a nomination to the city commission. (first proposed in 3-2 vote May 4)

Ordinance 2763 (Passed for inclusion on ballot, June 15)

Changing the composition of the KUA Board of Directors to allow up to two (2) non-city residents which live in the KUA service territory to be members.

1) Increases the number of KUA board members who may reside outside city limits from one to two.

Ordinance 2764 (Passed for inclusion on ballot, June 15)

Deleting amendment sections in its entirety (requiring 4/5 votes), future amendments by simple majority in accordance with State Law.

1) Removes the four-fifths vote requirement for approving changes to the KUA portion of the Kissimmee charter, requiring a simple majority from the city commission.

Compiled by Staff Writer Juliana A. Torres