Article I. Boundaries and powers
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- Bu sahifa navigatsiya:
- Section 1.02. – Corporate Limits.
- Section 1.03. - Powers.
- Section 1.04. - Intergovernmental powers.
- Section 2.02. - Compositions, qualifications and terms of office.
- Section 2.03. - Oath of office.
- Section 2.04. - Prohibitions.
- Section 2.05. - Vacancies; forfeiture of office.
- Section 2.08. - Vice-mayor.
- Section 2.09. - Meetings and procedure.
- Section 2.10. - Definitions of ordinances, resolutions and motions.
- Section 2.11. – Form and Procedure for Adoption of Ordinances and Resolutions.
- Section 2.12. - Emergency ordinances.
- Section 2.13. - Codes of technical regulations.
- Section 2.14. - Signatures and authentication.
- Section 2.15. - Codification.
- ARTICLE III. - TOWN MANAGER Section 3.01. - Appointment.
- Section 3.02. - Acting town manager.
- Section 3.03. - Powers and duties.
- Section 4.02. - Town clerk.
Section 1.01. - Continuation of town.
The Town of Kenneth City, Florida, as created by laws of Florida, Chapter 57-1462, shall continue to be a
municipal body politic and corporate under the laws of the State of Florida in perpetuity.
The corporate boundaries of the Town of Kenneth City shall consist of the boundaries of the town as
established by Laws of Fla., ch. 57-1462, § 2, and in addition thereto all lands annexed by the town
subsequent to May 9, 1957, and prior to the effective date of this Charter revision, provided that the town
shall have the power to change its boundaries in the manner prescribed by law.
The town shall have all powers granted municipalities under the constitution and general laws of the State
The powers of the town under this Charter shall be construed liberally in favor of the town and the
specific mention of particular powers in the Charter shall not be construed as limiting in any way the
general power stated in this article. The town shall have implied and incidental powers to exercise those
powers enumerated herein or granted by general law. The town shall have perpetual succession, may sue
and be sued, plead and be impleaded, and use a common seal.
Section 1.04. - Intergovernmental powers.
The town 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 any one or more states or civil
divisions or agencies thereof, or the United States or any agency thereof.
Section 2.01. - General powers and duties.
All powers of the town shall be vested in the town council, hereinafter referred to as the council, except as
otherwise provided by law or by this Charter, and the council shall provide for the exercise thereof and
for the performance of all duties and obligations imposed on the town by law.
Section 2.02. - Compositions, qualifications and terms of office.
The council shall consist of five (5) members, comprised of four (4) councilmembers and a mayor,
elected at large by the qualified voters of the town.
Qualifications. The councilmembers and mayor shall be qualified electors of the town, citizens of
the United States and shall have resided within the corporate limits of the town for at least two (2)
years immediately prior to the date of their qualifying for office and throughout their term.
Judge of qualifications. The council shall be the judge of whether candidates have met the
qualifications for election to the council, and for such purpose shall have the power to subpoena
witnesses and require the production of evidence, but the decision of the council in any such case
shall be subject to review by the courts.
The regular election of councilmembers shall be the second Tuesday in March for each
year, except in years in which there is a Presidential Primary election. In such years when
there is a Presidential Primary election, the regular election of council members shall be
concurrent with the Presidential Primary election.
The terms of councilmembers shall be for two (2) years with two (2) members elected
each year, continuing as began in 1982 at the regular town election.
The terms of mayor shall be for three (3) years, continuing as began in 1982 at the regular
The mayor shall be limited to two (2) consecutive three-year terms, following which the
mayor shall not be eligible to serve again as mayor until one mayoral term has passed.
The councilmembers shall be limited to three (3) consecutive two-year terms.
meeting of the town council following the certification of election results.
Section 2.03. - Oath of office.
Each councilmember before entering upon the discharge of the duties of his/her office shall take and
subscribe to the following oath before some judicial officer of the state, viz:
I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of
the United States and the State of Florida and the Charter and code of ordinances of the Town of Kenneth
City against all enemies, domestic or foreign, and that I will faith fully perform all the duties of the office
of councilmember, upon which I am about to enter, so help me God.
Section 2.04. - Prohibitions.
Holding other office. Except where authorized by law, no councilmember shall hold any other
town office or town employment during the term for which s/he is elected to the council, and no
former councilmember shall hold any compensated appointive town office or town employment
until one (1) year after the expiration of the term for which s/he was elected to the council.
dictate the appointment or removal of any town administrative officer or employee whom the
manager or any of his/her subordinates are empowered to appoint, subject to the provisions
of Section 3.03, paragraph (2).
Interference with administration. The council and its members shall deal with town officers and
employees who are subject to the direction and supervision of the manager solely through the
manager, and neither the council nor its members shall give orders to any such officer or
employee, either publicly or privately.
Section 2.05. - Vacancies; forfeiture of office.
Vacancies. A vacancy in the council shall occur upon the death, resignation, removal from office
as authorized by law, or forfeiture of office of a councilmember.
the affirmative vote of not less than three (3) of the remaining members, a person to fill the
vacancy until the next regular election following not less than thirty (30) days upon the
occurrence of the vacancy and until a duly elected successor takes office. At this election the seat
shall be filled as provided herein for elections for the balance, if any, of the unexpired term. (See
Article VII.) Any person so appointed shall possess all the qualifications required by this Charter
and by law. Should the office of mayor become vacant, the vice-mayor shall serve as mayor until
a new mayor is elected at the next regular election.
Whenever two (2) or more vacancies shall occur at the same time, the mayor shall within fourteen
(14) days call a special election to fill the vacancies. Such election shall be conducted in
accordance with the procedures for elections set forth in this Charter.
In no event shall the council consist of more than two (2) members serving on an appointive
during his or her term of office any qualification for the office prescribed by this Charter or by
law, (2) is found by the council to have violated any express prohibition of this Charter, (3) is
convicted of a felony or a crime involving moral turpitude, or (4) is absent for more than five (5)
regular meetings in a twelve-month period unless for a valid reason approved by a majority of
councilmembers present, a twelve-month period being that period from March first to March first
of the succeeding year.
payment shall be established by ordinance, provided:
the salary of the mayor shall not exceed the sum of five hundred dollars ($500.00) per
the salary of each of the other councilmembers shall not exceed the sum of three hundred
dollars ($300.00) per month.
Expenses incurred on town business shall be reported on standard IRS approved expense
form and accompanied by the appropriate receipts. All expense accounts shall be audited
by the town clerk and shall be kept on file for at least three years and shall be available
for public inspection.
Insurance benefits. Any member of the town council shall be eligible to participate at his/her own
expense in any health, hospital, life or other insurance programs available to the general
employees of the town.
No ordinance increasing the established salary of councilmembers shall be effective until the date
of commencement of the terms of councilmen elected at the next regular election which follows
the adoption of such ordinance by at least six (6) months.
Section 2.07. - Mayor.
The mayor shall be a voting councilmember shall serve as the presiding officer of the town council. The
mayor shall be recognized as head of the town government for all ceremonial purposes, for purposes of
exercising executive powers in case of war, riot, civil commotions or natural disasters and for purposes of
service of civil process on the town. The mayor may succeed him/herself in office at the pleasure of the
council. The mayor shall:
Be recognized as the official head of the town by the courts for purposes of serving civil process,
by the governor in the exercise of military law and for all ceremonial services.
Attend and preside at all council meetings and have the right to take part in all discussions.
have the right to veto.
Execute all instruments to which the town is a party and act as contracting officer for the town.
Section 2.08. - Vice-mayor.
A vice-mayor, shall be appointed by the mayor from among the current councilmembers at the first
regular meeting of the town council in March of each year and shall serve for one year. Selection of the
vice-mayor shall be approved by a majority of the councilmembers present. The vice-mayor shall perform
all the duties of mayor in the event the office of mayor becomes vacant or the mayor is unable to perform
any of his/her duties by reason of absence from the town or in the event of the mayor’s incapacity.
as it may prescribe by resolution. Special meetings may be held on the call of the mayor or three
(3) or more members of the council, upon no less than twenty-four (24) hours’ notice to each
member and to the public. The public shall be notified of all meetings.
Procedure. The council shall determine its own rules and order of business and shall provide for
keeping minutes of its proceedings. The minutes shall be a public record.
The council shall enact rules of procedure, and prescribe penalties for the nonattendance or
disorderly conduct of its members and enforce the same.
A majority of the members of the council shall constitute a quorum for the transaction of business
but a lesser number may meet and adjourn from time to time and, under the provisions of rules of
procedure, may compel the attendance of absent members by fines and penalties, though no other
official action may be taken.
Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes.
The affirmative vote of the majority of a quorum shall be necessary to enact any ordinance or
adopt any resolutions. A majority of the membership of the council present is required to enact
any emergency ordinance.
Section 2.10. - Definitions of ordinances, resolutions and motions.
Ordinance. “Ordinance” means an official legislative action of the council, which action is a
regulation of a general and permanent nature and enforceable as a local law.
administration, expression of a temporary character, or a provision for the disposition of a
particular item of the administrative business of the council.
shall be taken by motion.
Section 2.11. – Form and Procedure for Adoption of Ordinances and Resolutions.
The form, procedure for adoption, effective date and other requirements of ordinances and resolutions
shall be as governed by general law, F.S. § 166.041, covering definitions of words, terms and procedures
for adoptions, and any amendments to said Florida laws.
Section 2.12. - Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the council may adopt one
or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a
franchise, set service or user charges for any municipal services or authorize the borrowing of money.
ordinances generally, except that it shall be plainly designated in a preamble as an emergency
ordinance and shall contain, after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific terms.
Procedure. The council may enact an emergency ordinance written and read once with a majority
vote of those present without complying with the requirements of Florida Statutes.
as may be specified in the ordinance.
Repeal. Every emergency ordinance except emergency appropriations shall automatically stand
repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall
not prevent reenactment of the ordinance under regular procedures, or if the emergency still
exists, in the manner specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance in the same manner
specified in this section for adoption of emergency ordinances.
Section 2.13. - Codes of technical regulations.
The council may adopt any standard code of technical regulations by reference thereto in an adopting
ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed
for ordinances generally that:
ordinance shall be construed to include by reference copies of the code of technical regulations
and amendments thereto as well as of the adopting ordinance, and
authenticated and filed with the town clerk pursuant to Section 2.14 of this Charter.
Copies of any adopted code of technical regulations shall be made available by the town clerk for
reference by the public.
The mayor and the town clerk shall authenticate by their signatures all ordinances and resolutions adopted
by the council. The town clerk shall keep properly indexed books in which shall be recorded, in full, all
ordinances and resolutions passed by council. Ordinances shall, at the direction of the council, be
periodically codified. The town clerk shall also maintain the Charter in current form and shall enter all
Charter amendments and send a copy of the revised Charter incorporating amendments to the secretary of
Within one (1) year after adoption of this Charter and at least every ten (10) years thereafter, the council
shall provide for the preparation of a general codification of all town ordinances and resolutions of a
general and permanent nature having the force and effect of law. The general codification shall be
adopted by the council by ordinance and shall be published promptly in bound or loose-leaf form,
together with this Charter and any amendments thereto, and such codes of technical regulations and other
rules and regulations as the council may specify. This compilation shall be known and cited officially as
the Kenneth City Town Code.
Section 3.01. - Appointment.
There shall be a town manager who shall be the chief administrative officer of the town. The town
manager shall be responsible to the council for the administration of all town affairs. The town manager
shall be appointed by the town council, and shall serve at the pleasure of the town council. The Town
Manager shall be a Certified Public Manager or possess, at minimum, a Bachelor’s Degree in Public
Administration or related field and a minimum of three (3) years experience therein. The compensation of
the town manager shall be fixed by the council. The town manager need not be a resident of the town or
Florida at the time of his or her appointment.
Section 3.02. - Acting town manager.
By letter filed with the council, the town manager shall designate, subject to the approval of the council, a
qualified town administrative officer to exercise the powers and to perform the duties of town manager
during his or her temporary absence or disability. During such absence or disability, the council may
revoke such designation at any time and thereupon shall appoint another officer of the town to serve until
the town manager shall return or his or her disability shall cease.
Section 3.03. - Powers and duties.
The town manager shall:
Appoint and, when necessary for the good of the town, remove all officers and employees of the
town, except as s/he may authorize the head of a department or office to appoint and remove
subordinates in such department or office, unless these powers are otherwise limited by law.
Prepare and submit to the town council, as of the end of the fiscal year, a complete report on
finances and administrative activities of the town for the preceding year.
Keep the town council advised of the financial condition and future needs of the town and make
such recommendations as may seem desirable to the town manager.
Perform such other duties as may be prescribed by this Charter or may be required by the town
council not inconsistent herewith.
Section 4.01. - General provisions.
Creation of departments. The council may establish town departments, offices or agencies in
addition to those created by this Charter and may prescribe the functions of all departments,
offices and agencies, except that no function assigned by this Charter to a particular department,
office or agency may be discontinued or, unless this Charter specifically so provides, assigned to
Direction by manager. All departments, offices and agencies under the direction and supervision
of the town manager shall be administered by an officer appointed by and subject to the direction
and supervision of the town manager. With the consent of council, the town manager may serve
as head of one or more such departments, offices or agencies or may appoint one person as head
of two or more of them.
The town manager shall recommend for appointment, subject to the approval of the town council, an
officer and department head of the town who shall have the title of town clerk. The town clerk shall:
Give notice of council meetings to its members and the public;
Be the custodian of all the records, documents and papers of the town;
Be custodian of the official seal of the town, and authorize to affix the same to such instruments
of writing as is necessary;
Attest all documents, contracts and agreements to which the town is a party as required by law;
Arrange for and supervise all town elections;
Prepare the agenda for all council meetings and post such agenda on the approved bulletin
boards at least forty-eight (48) hours prior to each of said meetings;
Keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions
passed by the council. Ordinances shall be periodically codified. The clerk shall also keep the
Town Charter in current form and shall enter all Charter amendments;
destroy such records as authorized by the Florida Division of Archives History and Records
town and of its assets and liabilities and of all appropriations made by the town council; furnish
the council at any time such report, data and information as may be necessary to fully inform
them of the financial affairs of the town, keep regular books of accounts, in which shall be
entered all indebtedness of the town, and which shall at all times show the financial condition of
Be responsible for the supervision of all city clerk department personnel;
required by the ordinances of the Town of Kenneth City and the laws of the State of Florida.
Perform such other duties as are assigned to the town clerk by this Charter or by the town
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