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Amenities
Q. If we incorporate, who will own the
amenities after the Purcell agreement expires in 2020?
A.
Incorporation will have no affect on the ownership of the amenities
or the Purcell agreement. All of the owners of property within the
Diamondhead Subdivision will continue to own the amenities just as
they do now. The POA will continue to exist. For example, the
commercial area near the interstate is not part of the Diamondhead
Subdivision. Incorporating this area into the City of Diamondhead
does not give them any ownership interest in the POA amenities.
Q. As new people buy homes in the City of
Diamondhead will they be able to become members of the Country Club,
and if they can what will be the cost?
A. As indicated
above, the POA will continue to exist, and its boundaries will
remain the same under incorporation, even though the City of
Diamondhead’s boundaries will encompass all of the POA’s area and
then some. If a person buys property within the boundaries of the
POA, they are automatically POA members. If a home is built within
the City limits but outside the POA boundaries, the buyer would not
be a POA member. All of the POA amenities except the swimming pools
are open to the public for a fee. The fee is established by the POA
Board, not the city.
Area
Q. Will the current commercial district be
part of the Diamondhead city?
A. Yes. The
incorporation will include the commercial area lying around the
Interstate 10 interchange, but will not include the commercial area
north of Diamondhead toward Kiln Delisle Rd.
Q. What are the boundaries and the difference
from POA borders and why?
A. The
boundaries of the area proposed for incorporation are shown on the
map available at IncorporateDiamondhead.org. The
incorporation area is larger than the POA because the incorporation
area is configured to take advantage of natural lines of demarcation
and existing geopolitical boundaries, such as the fire district,
water and sewer district, and near by municipalities.
Q. Will a map showing the area to be
incorporated be provided to the residents?
A. A map is
available at IncorporateDiamondhead.org and will also be
shown at all of the planned presentations to residents and property
owners. Additionally, a map will be attached to the petition
seeking incorporation.
City of
Diamondhead
Q. What would the
governing body look like? Will any of the POA Board members be on
the board of the city government?
A. The
governing body of the city would consist of a mayor and five council
members. The number of elected officers of a municipality is
defined by state law. The mayor and council members are established
as interim officers upon incorporation until regular elections are
held. None of the current POA Board members will be appointed as
interim City officials. In fact, the POA Board passed a resolution
that no sitting member of the POA Board could run for City office.
Q. Will the mayor and the alderman be paid? If so, who establishes their
salaries? Will the mayor and alderman be full time and if so how much will they
be paid and will they have expense accounts? Will the mayor and alderman be
full-time or part-time positions? Will they be paid or serve as volunteers?
A. The mayor and members will serve the city in a part time
capacity. Their salary must be set by an ordinance adopted by the
council. It is fully expected that immediately upon incorporation
the initial officers will serve with no pay. At such time as the
affairs of the newly created city are in order, it is likely the
council will adopt a salary for themselves and the mayor. The
current financial model for the city provides a salary for the mayor
at the rate of $500 per month, and for each councilperson at $100
per month. The mayor and council members will not have expense
accounts, but will be reimbursed for legitimate expenses associated
with their duties.
Q. What
authorities, powers, and duties will the mayor and aldermen have?
A. The mayor and city council will be the governing authority
for the city. Their authorities, powers and duties are regulated
and limited by state and federal law, and a comprehensive list of
those authorities, powers and duties would be too lengthy to list in
this answer. Generally, the mayor and council have the power to:
·
Adopt local laws which regulate the public health,
safety and general welfare. This includes zoning and land
development laws, traffic, littering, garbage and trash collection
and disposal, and many other aspects of public interest.
·
Provide services to the residents and property owners
of the city, such as police protection, planning and zoning, street
lighting, street maintenance, etc.
·
To levy taxes and establish fees for various programs
or purposes, such as speeding tickets or building permits.
·
To sue or be sued, and to borrow money.
·
Hire and terminate employees.
The mayor and council have very little power as individuals. To
exercise their power, they must act together (majority vote during
council meetings to pass any new issues).
Q. Approximately
how many employees will the city have?
A. Under the
proposed budget, there will be twenty-three city employees plus the
Mayor and five Councilpersons. The Attorney/Prosecutor and Municipal
Judge positions will probably be contracted out rather than being
employees.
Q. How many police
would be working at any given time?
A. The police
department is proposed to consist of a Chief, Assistant Chief, 12
patrol officers and an Administrative Assistant. During regular
business hours, the Chief, Assistant Chief and Administrative
Assistant will be on duty. The precise schedule for the 12 patrol
officers has not yet been configured. These officers’ schedules
will be coordinated based on the need for police protection at the
various times during the day.
Q. Where will the jail be located and will we
need to build a city hall with court rooms? If incorporation
happens, will we have to construct a City Hall to house all of the
city agencies? What about schools and libraries? Where would the
governing body offices be located? Will Purcell allow the City of
Diamondhead to use any of the POA properties for City Government
offices or would Diamondhead have to construct new facilities?
A. The City
will not initially build or purchase space for its offices or
functions, but will rent space. The City will contract with the
Hancock County Sheriff Office for jail space. There is no
requirement for the City to provide schools or a library. The City
will not establish a school system or library and citizens will
continue to utilize the Hancock County schools and library systems.
Q. Will the county owned roads within the
incorporated area become our responsibility? Will all our roads
become public? Will the city allow golf carts to travel on streets?
Could a bike or skateboard lane be inserted on the streets? Why
wouldn't streets be a city responsibility?
A. The existing
public streets within the proposed incorporation area will
become the city’s responsibility upon incorporation, except for
Interstate 10 (it will remain the responsibility of the state
government). Many of the streets within the community are private
streets, owned and maintained by the POA. Incorporation will not
change the ownership of these streets.
With regard to golf
carts, the law doesn’t allow unlicensed vehicles to be driven on
public roads. The city can not change this law. However, golf
carts may be driven on private streets.
Q. Will the city have a say-so over water and
sewer? Why is the water department untouchable? That service must
be controlled by the city. Does the POA currently have a written
agreement with the Diamondhead Water and Sewer Company? As a city,
does this agreement require any adjustments?
A. The water
and sewer district was created under state law, by the Board of
Supervisors, as its own governmental entity. The city will not have
any authority over the district and at present, there are no plans
to merge the city and the district.
There is no agreement
between the POA and the District. The district consists of a
defined geographic area for which it bears the responsibility of
providing water and sewer services. No service agreement is needed.
Q. Will we have a larger fire department?
A. The
Diamondhead Fire Department is a separate governmental entity
established by the Board of Supervisors under state law. As such,
it holds the exclusive responsibility for fire protection within its
geographical boundaries. The city will not have any authority over
the fire district and at present, there are no plan to merge the
city and the district. The city does, however, have included within
its financial model financial support for the fire district. This
financial support would serve to enhance the districts ability to
provide fire protection.
Q. After incorporation is the city eligible
for Federal funds? If we are eligible, who seeks out these
programs?
A. As a city,
Diamondhead will be eligible for many types of grant programs. Most
of these programs are project specific, i.e. to build a park, extend
utility services, clean up storm debris, or improve drainage and
alleviate flooding. It will be up to the mayor and council to
determine how best to pursue a grant, either through city personnel
or the utilization of other resources such as the local Planning and
Development District.
Q. What services is the new city going to
provide? What the POA would be responsible for and what the City
would be responsible for?
A. The present model for the City of Diamondhead
provides for the following services:
Police protection
Planning and zoning
Building inspections
Code enforcement
Street and right-of-way maintenance on public streets
Street lighting
Animal control
Pest control
Fire department support
The
right to exercise ballot (vote in municipal elections)
The POA would continue
to provide all of its current services and functions with the
exception of security. The municipal police force would replace the
security guards provided by the POA.
Q. Would
Diamondhead become a city/town if
incorporated?
A. The classification of
cities is controlled by state law. Diamondhead would be considered
a city.
Q.
Do we become part of Hancock County?
A. Diamondhead is already
within and thus a part of Hancock County, and if incorporated, it
would remain so.
Q. Why do we need the law enforcement power
and building and zoning? What is the difference between covenant
enforcement and zoning and what would happen with the various fees?
A. The POA,
through its security service, does not have arrest and confinement
powers, as does a municipal police officer. There are many
incidents that occur in Diamondhead that just do not get adequate
attention or quick response from the Hancock County Sheriff, just by
virtue of priority. Municipal ordinances enforced by municipal
police and court system would much more effectively address problems
that occur within Diamondhead.
Building and zoning
enforcement is a function that is, to some degree, being provided by
the POA. However, the POA’s jurisdiction is limited to the confines
of the subdivision. Areas outside the subdivision, such as the
commercial area around the I-10 interchange, are not subject to the
POA’s control. As a municipality, all of the territory within the
city would be subject to the city’s ordinances. In other words,
Hancock County makes building and zoning decisions within this
commercial area. As an incorporated city, the officials elected by
the people of Diamondhead would be making building and zoning
decisions within this commercial area.
It is undetermined at
this time how the POA fee structure may be affected by
incorporation. It is desirable to avoid duplication of services and
fees between the city and POA.
Q. While I understand the POA amenities are
only owned for the benefit of the POA members what would we do about
non POA members that become part of the City?
A. There are
already non-members living in Diamondhead in the form of renters.
Non members may use most of the POA amenities like the club, golf,
and tennis. They simply are not eligible for the reduced annual
fees for golf and tennis.
One only becomes a POA
member by virtue of owning property within the POA boundaries.
Someone buying property within the larger City limits that are not
with the POA boundaries would not be a member, but could pay to use
amenities just as someone from Biloxi, Gulfport, Waveland or
elsewhere does, now.
Q. While the board fought the subsidized
housing complex and have won for the short term at least, where are
we going to put in some of that in the future? We will have to do
so at some time. If we are incorporated will the federal government
require we have subsidized housing? Does Diamondhead have to
furnish low-income housing if it incorporates, and if so, what
controls do we have -- appearance, location, maintenance, etc.?
Will the incorporated city accept federal money? Would there be
government mandates required by the city in return for accepting
government money, such as low income or HUD housing?
A. The federal
government doesn’t require that communities provide subsidized
housing. Diamondhead, as an incorporated city, would provide
additional protection to the existing property owners through the
implementation of land use regulations (zoning, architectural
controls, etc).
Every funding program
is different and many are designed to address a specific project.
Funding programs often come with stipulations, and the stipulations
bear a relationship to the project.
Q. How many policemen are needed? D’Iberville contracts with Harrison County
for police. Wouldn’t it be better if D’head did the same thing with Hancock
County instead of spending all the money for cars, radios, etc?
A. The current model for the city provides for a police
chief, assistant chief, 12 patrol officers and an administrative
assistant, all of which would be city employees. Upon
incorporation, the mayor and city council would explore the most
reasonable, efficient and effective method to provide police
protection to the residents of Diamondhead (i.e. hire employees or
enter into contract). Contracting with the Sheriff’s office is an
option that has worked well for D’Iberville, and could work well for
Diamondhead.
Q. What other cities in Mississippi have the same type of government as
whatever is being proposed and has anyone contacted these cities?
A. Diamondhead is proposed to have a Council-Manager form of
government. Other cities that have a Council-Manager form of
government include Pascagoula, Gautier, and D’Iberville. The
government information committee had contact with and input from
D’Iberville.
Q. Is it true that
if we incorporate Bay St Louis could not try to annex us?
A. Yes, this is true. One city
can not annex another city.
Q. People next to me refuse to cut their grass and keep up their place. The POA
doesn’t seem to be able to do anything about it. How would the city be able to
handle that better?A. If the City
enacts an ordinance relating to property upkeep, it will have the
force of law. Additionally, the City has statutory authority to
come onto and clean private property in order to eliminate a health
hazard. The cost for doing so gets charged back to the owner
through the tax bill.
Q. Do we have to establish some type of
transit system, and if so, who pays for this and how?
A. No. There
is no requirement to provide a transit system.
Q. When we become
the City of Diamondhead and pay City Taxes will we still have to pay
P.O.A. dues?
A. Yes. However, reduction in POA dues should offset the
increased property taxes for many property owners, and even for the
most expensive houses, the combined POA dues and City taxes will
have a very nominal impact.
Economics
Q. What is the proposed budget for
incorporation in detail and how does it compare to current expenses
under the POA? What is the initial cost of Incorporation including
the Police Department? Has a projected 10 year budget or long-range
plan been prepared, and if so will it be distributed to the
residents?
A. The POA
commissioned Bridge and Watson, Inc., an urban and regional planning
consulting firm to assist with the development of a five year
proposed budged for the incorporated city. Bridge and Watson, Inc.
has widespread experience in assisting both new and existing
municipalities with budget projections. The result was the
development of a five year budget for the operation of the city,
which provides annual expenditures in the range of $1.6 to $1.7
million dollars. The police department budget is proposed to be
slightly less than $800,000 per year.
The detailed proposed
budged is available for the residents to review. The committee does
not anticipate widespread distribution of this document because it
is lengthy and technical, and could lead to more confusion than
understanding.
Obviously, if the
incorporated city of Diamondhead is able to negotiate a favorable
interlocal agreement with the Hancock County Sheriff’s Department
there is a potential that expenditures could be reduced.
Q. What is the current budget for Bay St Louis
& Waveland including Police which should be the most part of the
budget? D’head should be very similar.
A. The budgets
for Bay St. Louis and Waveland are not directly comparable since the
City of Diamondhead will not have the same functions, such as fire
protection, water and sewer, and roads & drainage. In addition, the
current budgets for those cities are inflated for Katrina
restoration projects.
Q. How much of our tax base will the new city receive? What is the exact
percent D'head would receive from Hancock County of the property taxes and do
you or anyone else have an accurate amount; this includes the property tax paid
to Hancock by Purcell and the businesses?
What kind of taxes would be involved and would
there be any offsetting revenue as a result of incorporation?
If my county property taxes are $1600, what part of that would come back to the
city of Diamondhead?
A. The answers
to these various questions require a lengthy explanation of the
property valuation and taxation system for Mississippi. The short
answer is as follows.
The city of
Diamondhead will receive 100% of the taxes it levies upon the
taxable property (except for anyone who fails to pay their taxes,
and the tax collector’s fee). As an incorporated city, Diamondhead
becomes eligible to receive its share of the county road and bridge
taxes, which based on current Hancock County policy would be in
excess $550,000 per year. Otherwise, the taxes paid into the county
is retained and spent by the county.
The city will also
become eligible to receive sales tax rebates from the state. When
retail goods are purchased, one pays 7% sales tax. As a city, 18.5%
of the 7% sales taxes are rebated to the city. At the present time,
no portion of the sales tax collected in the Diamondhead area is
rebated to the county and as a result does not remain in the local
economy.
Q. If the county increases property tax, would
that mean that the increase would also apply to homes in the city?
A. Property
owners within the City limits would still be required to pay Hancock
County property taxes, so any County tax increase would be
applicable.
Q. What amount of the seven percent sales tax
paid by the businesses in D'head would be turned over to the City of
D'head - Providing the Judge gives D'head the commercial area in the
front of Diamondhead?
A. The city
will be eligible to receive sales tax rebates from the state. When
retail goods are purchased, one pays 7% sales tax. As a city, 18.5%
of the 7% sales taxes are rebated to the city. In other words, for
every retail dollar spent in the city, 1.3 cents will come directly
back to the city. As a result of incorporation, there would be no
increase in the 7% sales tax that consumers pay. Hancock County
does not receive any portion of the sales tax paid to the state.
Q.
What becomes of the golf courses and who would be responsible of the
continued operation and up keep?
A. All of the amenities,
including the roads, will continue to belong to the POA and be
managed, operated and maintained by the POA. The only POA service
that will be materially affected is Security, which will be greatly
reduced as the City assumes law enforcement responsibilities.
Q.
How or will the incorporation affect the dues paid
by property owners?
A.
POA dues are expected to be
reduced by an amount commensurate with the POA’s reduced
responsibilities. At present, the only anticipated impact to the
POA involves the elimination of the need for a security force.
Based on the present POA budget and number of due paying properties,
dues could be reduced by approximately $92 per year per property.
Q.
Will I be able to afford to live in Diamondhead after
incorporation? Can an estimated dollar figure be put on what it
will cost initially for a home owner?
A. The
financial impact will vary from home to home, depending on the value
of the home, value of the automobile, and the homestead exemption
status.
You can get an
estimate of your personal situation from the following: If the tax
on your property is $500/year, the additional city tax would be
about $42.50. If the tax on your property is $1,000/year, the
additional city tax would be about $85. If the tax on your property
is $1,500/year, the additional city tax would be about $127.50;
etc., etc.
But although property
taxes would go up, there could be a reduction in POA dues. Since
the POA’s security function is expected to be reduced if not
eliminated, the savings for that portion of the reduced security
service could amount to $92/year per property owner. Keep in mind
that if POA dues are adjusted up or down for other reasons, this
will have a bearing on the actual savings.
Additionally, those
property owners who itemize their federal income tax returns will
get to deduct the City property tax.
The combined impact of
a reduction in POA dues, federal income tax credits, and the City
property tax is going to affect each of us differently. Some
property owners could experience savings of possibly $70/year. On
the other side, those with the most expensive homes, over $500,000,
might see additional costs of possibly as much as $300/year.
Q. What state money would be available to us
and how much and would there be requirements from the state in
return for accepting money?
A. Cities enjoy
revenues that come from various sources, including the state, which
are mandated by state law. For example, the city will receive a
sales tax rebate, which is money paid to the city by the State Tax
Commission. There are other legally defined forms of revenue that
will flow to the city. Many of these revenues may be spent either
for general purposes (pay salaries, pave streets, buy equipment,
etc) or for specific purposes (fire insurance premium rebates to be
spent for fire protection purposes).
Other forms of revenue
may flow to the city, from the state, in the form of grants. It is
impossible to determine how much money would be available to the
city of Diamondhead, as the various grant programs change
frequently. Usually, the only requirements are that the money be
utilized in accordance with the purposes for which the grant was
sought.
Q. A combination of taxes and POA dues will be
used to pay the elected officials. Where will the funds come from if
there is a shortfall?
A. The city and
the POA will be two separate and distinct operating entities. Their
funds will in no way become intermingled. The POA will operate as
it has in the past, and the POA funds are not available for the city
to utilize. The law does not allow a city to operate with a
shortfall. Mississippi law does not allow cities to incur
deficits. City leaders will have to keep a very close watch on the
city budget to ensure the city remains financially healthy. If a
shortfall is expected, the city can borrow funds, cut expenses, or
take other measures to address the issue.
Incorporation Process
Q. Who picks the temporary elected officials
until the first election? By what authority does the POA appoint a
mayor and alderman?
A. The
Incorporation Committee established a seven member Organization
Committee charged with selecting the first six officials (Mayor and
five Councilpersons) of the City of Diamondhead. They came up with
50 candidates and narrowed it down to the six that will serve until
the first election in June, 2009.
The POA has no
authority to appoint City officials and will not appoint any. None
of the current POA Board members will be appointed as interim City
officials. In fact, the POA Board passed a resolution that no
sitting member of the POA Board could run for City office.
Q. Are copies of the report going to be made
available before any meetings? Can the POA place the report on the
internet to download or read? Can a forum be held with people
giving the pro and cons of incorporation? Can the FAQ and other
information be put on the website?
A. The details
regarding the various issues surrounding incorporation, such as the
process, form of government, the relationship with the POA,
responsibilities for amenities, and economic impact are many and
complex. The incorporation committee is putting together a series
of meetings to present all of this in an easy to understand manner
so that you can make an informed decision, because ultimately, the
decision to incorporate will be made by the registered voters of
Diamondhead.
Meetings will be held
at the Country Club ballroom on the following schedule:
Mon. 8/6 10 a.m. & 7
p.m.; Tue. 8/7 10 a.m. & 7 p.m.; Thu. 8/9 2 p.m. & 7 p.m.
Fri. 8/10 10 a.m. & 2 p.m.
Mon. 8/13 2 p.m. & 7
p.m.; Tue. 8/14 2 p.m. & 7 p.m.; Wed. 8/15 2 p.m. & 7 p.m. Thu.
8/16 10 a.m. & 7 p.m.; Fri. 8/17 10 a.m. & 2 p.m.
Mon. 8/20 10 a.m. & 7
p.m.; Tue 8/21 10 a.m. & 7 p.m.; Wed. 8/22 2 p.m. & 7 p.m.
Please plan to attend
one of these to learn the details and ask questions.
A website,
IncorporateDiamondhead.orq has a list of the numerous volunteers
serving on the Incorporation Committee and various subcommittees,
the schedule of the presentations, a map of the area to be
incorporated, FAQ, and financial data.
Q. Who decided that this is the best type of
government? What are the reasons?
A. The legal
and planning consultant recommended this type of government for
Diamondhead. The reality of this situation is that Diamondhead will
be a brand new city facing many of the challenges of operating a
city government. A council-manager form of government enables the
city to hire a person in a professional capacity to operate the
city. The alternative is to have a mayor operate the city and in
all likelihood the first mayor (and possibly even subsequent mayors)
will have not have the level of technical expertise or experience
with municipal government needed to get Diamondhead off and
running. This form of government is believed to be the best for our
circumstances.
Q. Can we see the strategic plan for
incorporation with timelines and who is assigned to each task?
A. A website,
IncorporateDiamondhead.orq has a list of the numerous
volunteers serving on the Incorporation Committee and various
subcommittees, the schedule of the presentations, a map of the area
to be incorporated, FAQ, and financial data.
Q. What property ownership percentage does the
Purcell Group have in D’head? Is there a controlling interest that
could obviate these efforts?
A. Purcell owns
approximately 1,200 lots. However, it is a business and as such is
not a registered voter. Purcell does have the right to fight the
incorporation effort if it were so compelled.
Q. If Bay St Louis fights incorporation, how
much would it cost us to fight them? How successful would
annexation be by Waveland or Bay St. Louis since they could not
offer better services for Diamondhead? We understand that some
state laws permit cities to be able to annex other cities. Would
incorporation guarantee that Diamondhead could not be annexed by
another city?
A. If Bay St.
Louis, or any other party, fights the incorporation effort the cost
could become significant, even into the six figures. The cost
depends on how vigorously they wanted to fight.
Municipalities often
successfully annex territory, even when opposed. The annexation
criteria consists of much more than the provision of services. It
would be in error to automatically assume that Bay St. Louis or
Waveland could not successfully annex Diamondhead if they wanted.
Mississippi law does
not allow one city to annex another.
Q. How does Hancock County feel about D’head
incorporating? It seems to me that the county would lose a lot of
income.
A. Hancock
County has not expressed a position on the incorporation of
Diamondhead.
Q. How do we vote for incorporation? Can the
petition be put on the Diamondhead website and signed
electronically? After getting 2/3 of the required signatures from
the residents, how long will the incorporation process take
until Diamondhead becomes a city?
A. No one votes
on the incorporation issue. The proper procedure is to sign an
incorporation petition. The signatures must be original and the
petition must be signed by qualified electors. To avoid prank
signatures and things of that sort, the petitions need to be closely
monitored. One of the most technical aspects of an incorporation
effort is to prove to the court the requisite 2/3rds of the
qualified electors have signed.
The incorporation
process can be very lengthy or fairly short. The big factor is
whether or not there is opposition. Without opposition,
incorporation can be complete in a matter of months. With vigorous
opposition, the matter could take years.
Q. What about people who own property in
Diamondhead, but don't live here full-time and are not registered
voters, will they have any input? How will they be contacted, if
they are registered voters?
A. Only
qualified electors may sign the petition. Property owners who are
not registered voters are encouraged to attend the Town Hall
meetings and educate themselves because they will be impacted by
incorporation.
Q. Will the information committee contact a
community like Diamondhead who has incorporated and find out if they
had to do it over again, would the community incorporate or stay
like it was?
A. Yes. The
information committee has consulted with the City of D’Iberville.
D’Iberville would incorporate if they had it to do over again.
Q. What are the negatives of incorporation?
A. This will
vary by individual, and there will be those on either side of a
variety of the details surrounding incorporation. What one may see
as a positive may be a negative for another. Ultimately each of us
should consider the overall impact of the positives and negatives on
our lives and decide to sign the petition or not.
POA
Q. Will incorporation effect the expiration of
the existing covenants in the year 2020, I believe? If so, will the
effect be positive or negative? Is there a possibility that the
city could take over the responsibilities of the P.O.A. in the event
that the covenants are not renewed in 2020? When the covenants
expire, will the city take over the golf courses, swimming pools,
etc? How will incorporation impact Diamondhead when the Purcell
covenants expire in the year 2020?
A. The
covenants will remain in effect until 2020 regardless of
incorporation. What happens then is a matter of conjecture. The
City could decide to buy some or all of the amenities, but that
would need to be thoroughly studied and decided what the best course
of action is. The City would not be required to do so. The desires
of the citizens of Diamondhead at that time should control the
city’s actions.
Q. Will the city be the entity enforcing our
existing rules, regulations, and covenants or will the P.O.A.
continue doing that in the manner in which they currently are? What
part will the POA have, if any? Will/can the POA co-exist with the
city of Diamondhead, and if so, what responsibilities will the POA
have regarding the community common areas?
A. The POA will
continue to be responsible for enforcement of its covenants and
rules & regulations, and to manage, operate, and maintain the
amenities and common areas. Cities can not enforce private
covenants and rules.
The City and the POA
should be able to co-exist quite well since there will be
responsible for different functions.
Q. Will the same number of people be working
in the P.O.A. office after incorporation or will some of their
duties be the responsibility of the new City Hall? What services is
the POA giving up? What would the POA be responsible for and what
the City would be responsible for? What duties, authorities, and
powers will the POA retain? What will the relationship of the POA
be to the city government and vice-versa and will there be any
overlapping authority?
A. The POA will
remain essentially unchanged in terms of responsibilities and
authorities. The City would enact and enforce its own laws with its
own police and courts. Since the City will take over law
enforcement, including traffic laws on the POA private streets, the
POA security force would be greatly reduced if not entirely
eliminated.
Q. Will there be restrictions on who’s allowed
to swim at the pools? Will costs go up for the amenities? What
benefits will a POA member have over a non-property owner city
resident? Will the recreational services including golf be open to
the public or will the golf courses remain private?
A. Any
restrictions on the use of POA amenities will be up to the POA.
There are no changes expected at this time.
POA members will
continue to have the use of the amenities they currently enjoy. Non
members who may live within the City limits will have the use that
any non member living within (renter) or without Diamondhead
currently has.
The golf courses are
not currently private, but are available for non members on a fee
basis. The same thing applies to Tennis World.
Q. Will people who now live in Diamondhead and
no longer wish to members of the P.O.A. (Country Club) be allowed to
demit? And if not, why?
A. No.
Purchase of property within the boundaries of the POA carries a
legal relationship with the POA.
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