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July 23, 2007 Letter

 

Frequently Asked Questions (FAQ)

AmenitiesAreaCity of DiamondheadEconomicsIncorporation ProcessPOA

 

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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