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A Study of MunicipalIncorporation of

Compass Lake in the Hills, Florida

City Charter (2)

A Study of Municipal Incorporation

TABLE OF CONTENTS

EXECUTIVE SUMMARY....................................................................................................................4A HISTORY AND BRIEF DESCRIPTION.........................................................................................6MORE DETAILS CONCERNING THE AMENITIES.........................................................................7THE COMPASS LAKE IN THE HILLS, VOLUNTEER FIRE DEPARTMENT.......................................7LAW ENFORCEMENT ENHANCEMENT..............................................................................................7THE MAIN CAMPUS..............................................................................................................................7MCCORMICK LAKE LODGE.................................................................................................................7THE PHYSICAL PROPERTY...................................................................................................................8FEASIBILITY STUDY.........................................................................................................................9COMPASS LAKE IN THE HILLS......................................................................................................10EMERGENCY MEDICAL SERVICES................................................................................................14FIRE/RESCUE SERVICES.................................................................................................................14LAW ENFORCEMENT .....................................................................................................................15PARKS AND RECREATION.............................................................................................................15PLANNING AND DEVELOPMENT SERVICES...............................................................................15SOLID WASTE...................................................................................................................................15TRANSPORTATION.........................................................................................................................15WASTEWATER..................................................................................................................................16LEGAL SERVICES.............................................................................................................................17MANAGERIAL SERVICES................................................................................................................17PLANNING AND DEVELOPING SERVICES...................................................................................17GENERAL OPERATION AND CITY HALL.....................................................................................18PARKS AND RECREATION.............................................................................................................18TRANSPORTATION.........................................................................................................................18LOCAL GOVERNMENT HALF-CENT SALES TAXES....................................................................19COMMUNICATIONS SERVICES TAX............................................................................................20PUBLIC SERVICE TAXES.................................................................................................................20FRANCHISE FEES............................................................................................................................20THE MUNICIPAL REVENUE SHARING PROGRAM.....................................................................20AD VALOREM TAXES......................................................................................................................20BUSINESS TAXES.............................................................................................................................20PLANNING AND DEVELOPMENT FEES .......................................................................................21GAS TAXES.......................................................................................................................................21THE FIVE YEAR OPERATIONAL PLAN........................................................................................21

APPENDIX A....................................................................................................................................29APPENDIX B....................................................................................................................................53APPENDIX C....................................................................................................................................71

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A Study of Municipal Incorporationof Compass Lake in the Hills, Florida

Editors, Contributors & Consultants

Nevin Zimmerman, Attorney at Law Former Bay County Attorney and

Current Panama City Attorney

Melvin Engineering A Professional Engineering and Land Planning Corporation

and Rick Pettis

Bill Bogan Jr. CPA, CGFO, CPFOPresident, Bogan Public Management Company

John Laymon, President of Prosper Business Services, camManager Compass Lake in the Hills

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EXECUTIVE SUMMARYThe following is a Feasibility Study (“Study”) proposing the municipal incorporation of the Community of Compass Lake in the Hills. Compass Lake in the Hills is a large contiguous community located in Jackson County Florida. First established as a development in the 1970s, it has never been an incorporated city. This Feasibility Study meets the requirements of the Florida Statutes, Chapter 165. This report has the obligation of informing the Florida Legislature on the feasibility of incorporating Compass Lake in the Hills. At the outset, it is important to note that the Community of Compass Lake in the Hills will continue to be known as Compass Lake in the Hills. This incorporation only includes that land now a part of the Community known as Compass Lake in the Hills and no other property. One of the primary reasons for incorporating is to assist, support, and work with governmental bodies and volunteer group that seek to preserve the water quality of McCormick Lake, Compass Lake, and the ponds, and other waterways in the Community and its surroundings. Important conclusions of the Feasibility Study include:

1. Compass Lake in the Hills is geographically isolated from the rest of Jackson County. It is approximately 3.5 miles from the incorporated town of Alford. The area is conducive to self-governance and for more than 20 years has operated in a similar manner as to many cities. Currently the Community operates the Compass Lake in the Hills Volunteer Fire Department a full time manned and equipped roads department, and enhanced police presence. The road department is responsible for building, rebuilding, and maintaining more than 160 miles of roads. The fire department responds to the Community needs and answers calls in the surrounding areas. The Community contracts for additional police support with the Jackson County Sheriff ’s Department. The costs and supervision associated with these responsibilities is paid for through a self-imposed assessment, from the Community by virtue of a Municipal Services Taxing Unit. The $135 annual assessment is levied by the MSTU on the 6443 lots within the Community. Finally, the Community maintains and operates a robust activities calendar. This provides an even greater self-identity.

2. The residents of Compass Lake in the Hills, seek incorporation to increase local authority, to govern more effectively, and to continue to provide the same services the Community now provides. Additionally, the Community will maintain its own Planning Department. Therefore, only minor changes with regard to the existing services provided are expected.

3. This Study projects that the City of Compass Lake in the Hills will have access to adequate revenues in which to operate municipal government. Further, the Community has a viable financial plan for its first 5 years of operation.

4. The City has projected excess revenue or a budget surplus each of next 5 years in excess of $100,000.

5. Compass Lake in Hills does not meet the statutory standard for population or population density for incorporating. None the less, upon incorporating, the City of Compass Lake in Hills would be one of the larger cities in Jackson County. Therefore, the Community would be asking for waivers of the statutory population and population density standards.

6. It is obvious that in the future an entity of government needs to step forward to ensure proper planning for growth and development. Currently, there is no single entity of government that is local, and which takes as a primary concern the water quality of McCormick Lake, Compass Lake and the various streams and ponds in the area. The Community occupies the north-end of Compass Lake. The Community also, encircles McCormick Lake. Feeding these bodies of water are many streams, ponds and marshes.

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A significant reason for incorporating is to establish the guidelines and programs necessary to protect the water quality of the lakes, ponds, and streams of the area. As a newly incorporated community, Compass Lake in the Hills will be able to plan for the eventual growth expected in the area and have the necessary governmental standing in order to apply for various grants and subsidies from State and Federal governmental agencies and private charitable trusts. Such grants and supportive funds could be used for road paving, environmental protection and community infrastructure. Also, included in this Study is a draft city of Compass Lake in the Hills Charter. The charter addresses the unique needs of Compass Lake in Hills and meets the statutory requirements and the requirements set forth in the Florida Constitution for the adoption of the City of Compass Lake in the Hills.

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COMPASS LAKE IN THE HILLSA HISTORY AND BRIEF DESCRIPTION

In the mid-1960s, Magna Properties began accumulating more than ten thousand acres in Southwest Jackson County. The developer felt that the appetite for Florida resort properties was insatiable. Their plan was to promote sales both nationally and international. The primary emphasis would be the Midwest and the Northeast. Financing was secured from Bankers Life & Casualty of Chicago. Shortly thereafter, construction of the infrastructure started and lot sales began. The first phase of lot sales was for three thousand lots. Sales were brisk. The company, known as Magna Properties, sold approximately one thousand lots before running into financial difficulties. In the mid-1960s the original developers relinquished the property to Bankers Life & Casualty. Shortly thereafter, John Forrer acquired several of the assets of the John D. & Catherine T. MacArthur Foundation, One of those properties was Compass Lake in the Hills held under the name of Magna Properties. John Forrer, the new owner of Magna Properties finished building the roads throughout the property and began selling the lots. Sales were fast paced and over the next several years the property was sold out.

Compass Lake in the Hills grew over the next several decades to a flourishing community of 6344 lots. The property is 10,380.654 acres in size and spans 13.993 square miles. Compass Lake in the Hills, like the rest of the Country, has experienced the roller coaster of two down economic cycles. Therefore, while all lots have been sold, for the most part speculative trading in lots was the norm. Construction of homes has been slow paced. Currently, there are three hundred and twelve homes in the Community. A census conducted by the administrative staff in 2015 indicates that there are 512 residents in the Community.

Over time, problems existed that required a thoughtful and unique solution. The developer had not provided for a funding mechanism for the future maintenance of community assets. Consequently, together with the County, the developer initiated a County Ordinance that would establish a Municipal Service Taxing Unit (MSTU) for the area. A per lot assessment of no more than $150.00 became a part of the new MSTU Ordinance. That assessment is collected on the tax bill each year. This provides the required funding for the maintenance and the operation of the Community infrastructure. As part of the bargain, the Community agreed to maintain the more than 160 miles of roads within the Community.

Over the past 20 years, the Community has operated as a civil subdivision. The MSTU collects the funds, the County supervises the MSTU budget, and the Property Owners Association administers the day-to-day activities. The budget is prepared by the Property Owners Association and must be approved by the County. Since the creation of the MSTU by County Ordinance 84-7 on November 1, 1984 the Community, through the Properties Owners Association has created a volunteer fire department, built, and maintained a Fire Station. The road department is fully staffed and has the necessary equipment to maintain, rebuild, and resurface the more than one hundred and sixty miles of roads and drainage systems contained within the property. The Community has also maintained cabins, a restaurant, and various resort amenities.

The MSTU budget also includes a contract for police services. The Compass Lake in the Hills Property Owners Association contracts for a permanent full time Sheriff ’s Deputy for enforcement services. The Property Owners Association has operated what most would consider city services for several decades. Those services include roads, building, maintenance and repairs, police service, a Fire Department and various resorts like amenities.

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MORE DETAILS CONCERNING THE AMENITIES

THE COMPASS LAKE IN THE HILLS, VOLUNTEER FIRE DEPARTMENT

The Community Fire Department is located in a modern 3,500 sq. ft. facility. The Department has twenty volunteer fire fighters. The Chief and the Captain hold professional credentials. Five of the volunteers are accredited fire fighters I or fire-fighters II. There are currently five designated fire vehicles. There is fire gear and support equipment located at the station. Thanks to constant training and hard work, the volunteers have achieved an ISO rating of six. We have one of the best fire-fighting brigades in the area. The Department and the Community is focused on becoming the elite brigade for the fighting of brush and forest fires in the area. Two years ago, we became the first community in Jackson County awarded the Federal designation of a Fire-wise Community.

LAW ENFORCEMENT ENHANCEMENT

For several years, the Community has contracted with the Jackson County’s Sheriff Department. For enhanced law enforcement. The Community pays the salary and supporting costs associated with the officer. In addition, the Community developed a Neighborhood Watch Program, an evacuation plan and a senior support program. The Deputy Sheriff also acts as a liaison between various departments of State and County Law Enforcement as well as certain departments of County government.

THE MAIN CAMPUS

The Main Campus of Compass Lake in the Hills is located on the North-end of Compass Lake and features the Main Administrative Lodge. The Lodge houses the Administrative Officers of the Association as well as two community club rooms and a restaurant. For the last 5 years, the restaurant has been leased and proved very successful. On the Main Campus is also an Equestrian Center, tennis courts, a driving range, a basketball court and a handball court. The Maintenance Staff is housed in a separate building on the Main Campus. In addition, there is a small campground with a bathhouse and showers, a championship disc golf course, 12 rental cabins used by the public and the property owners, a small marina, and an outdoor concert venue.

MCCORMICK LAKE LODGE

The McCormick Lake Lodge is located on the north side of McCormick Lake. The lake is a beautiful spring fed lake that is about one hundred and fifty acres in size. The facility contains a large beach area and an eighteen hundred square foot lodge. This lodge is used for weddings, public meetings, Town Hall Meetings, Christmas parties, crafts activities, and community events. There is a large and small outdoor pavilion located at the beach, and there are various watercraft units available. A parking lot is located adjacent to the lodge and an additional parking lot is located across the street.

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THE PHYSICAL PROPERTY

Compass Lake in the Hills is located in the southwest corner of Jackson County. Within the confines of the Community is the second highest elevation in the state of Florida. The entire property is heavily wooded and has several small ponds and streams. The Main Campus is located on seventy acres that is situated on the north Shore of Compass Lake. The McCormick Lodge and Beach is located about 1.7 miles north to north east of the main-lodge. This facility is located on two large lots, is adjacent to a fifteen-acre natural wetland, and across from a two-acre parking lot. The Community has discussed building a discovery and learning center at the parking lot and incorporating the adjacent wetland. The beautiful rolling hills of the area are reminiscent of the Appalachian foothills. When originally platted and approved, more than 40 years ago, the lots were laid out as an acre and a quarter to an acre and a half in size. This initial vision truly allows for the “country feeling” that is a trademark of the Community. Of note, within the property lie the headwaters of the Econfina water system. The various small creeks and streams that feed into Compass Lake consequently spawn Bear Creek and Little Bear Creek. This system eventually travels south for more than 30 miles to Deer Point Lake and the fresh water system of Bay County.

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FEASIBILITY STUDY

The Florida Legislature has established standards for municipal incorporation in Florida Statutes Chapter 165. The purposes of that chapter are to:

(1) Allow orderly patterns of urban growth and land use.(2) Assure adequate quality and quantity of local public services. (3) Ensure financial integrity of municipalities. (4) Eliminate or reduce avoidable and undesirable differentials in fiscal capacity among neighboring local government jurisdictions. (5) Promote equity in financing of municipal services.

That chapter also includes a requirement that, prior to a special act of the Florida Legislature incorporating a municipality, a feasibility study be completed. The feasibility study must provide information on eleven topics provided in Florida Statutes section 165.041, paragraphs (b) 1 through (b) 11. This section of this report is the Feasibility Study for municipal incorporation of Compass Lake in Hills, Florida

1. The location of territory subject to boundary change and a map of the area, which identifies the proposed change.

Compass Lake in the Hills is located on both sides of HWY 231 and both sides of State Road 167. The Community begins on the north-end of Compass Lake and extends northward. There are 6344 residential lots and about 900 acres of association property within the proposed new city boundaries. The size of the Community is slightly more than 10,000 acres. Tallahassee is located approximately 50 miles to the east. Dothan, Alabama is located approximately 35 miles to the north and Panama City, Florida is located approximate 35 miles to the south. Compass Lake in the Hills is within ten miles of Interstate 10 a main east-west national highway.The following is a legal description of the proposed boundaries of the City of Compass Lake in Hills.

COMPASS LAKE HILLS UNIT ONE, according to the Plat thereof as recorded in Plat Book A-4, Pages 94A through 97A inclusive, of the public records of Jackson County, Florida.

CORRECTED PLAT OF COMPASS LAKE HILLS UNIT TWO, according to the Plat thereof, as recorded in Plat Book A-4, Pages 111A through 115A inclusive, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT THREE, according to the Plat thereof, as recorded in Plat Book A-4, Pages 116A through 123A inclusive, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT FOUR, according to the plat thereof, as recorded in Plat Book A, Pages 124through 129 inclusive, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT FIVE, according to the Plat thereof, as recorded in Plat Book A-4, Pages 130 through 140 inclusive, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT SIX, according to the Plat thereof, as recorded in Plat Book A-4, Pages 141through 150 inclusive, of the public records of Jackson County, Florida.COMPASS LAKE HILLS UNIT 3-A, according to the Plat thereof, as recorded in Plant Book A-4, Page

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156-A, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT 3-B, according to the Plat thereof, as recorded in Plat Book A-4, Page 157-A, of the public records of Jackson County, Florida.COMPASS LAKE HILLS UNIT 4-A, according to the Plat thereof, as recorded in Plat Book A-4, Page 158-A, of the public records of Jackson County, Florida.

COMPASS LAKE HILLS UNIT 6-A, according to the Plat thereof, as recorded in Plat Book A-4, Page 159-A, of the public records of Jackson County, Florida.

OR 329 P 76–85 ALL THAT PART OF N ½ OF NW ¼ OF NE ¼ LYING W OF HWY 231 TOGETHER WITH ALL THAT PART OF S ½ OF N ½ OF NE ¼ LYING W OF HWY 231 & LYING N OF LINE WHICH IS 1133.63 FT S OF & PARALLEL WITH N LINE OF SECT 36.

OR 94 P 963-968 ALL THAT PART OF NW ¼ OF SW ¼ LYING W OF A&B ST AB RR…OR 329 P 76-85 LESS .9D2A PER OR 451 P 488.

For a graphical description of the boundaries of the City of Compass Lake in the Hills, see the map “Compass Lake in the Hills, Florida.” A restatement and the broader specifics of the proposed municipal boundaries are found in the appendix section of this report, which is titled “Legal Description of Boundaries of City of Compass Lake in the Hills.”

COMPASS LAKE IN THE HILLS

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2. The major reasons for proposing the boundary change

For several years, the Residents of Compass Lake in the Hills have been progressing forward in hopes of achieving a new form of local governance. The process began 5 years ago when the Jackson County Board of County Commissioners conducted a study evaluating the current state of the Multiple Services Taxing Unit (MSTU). One recommendation was that the Ordinance should be brought into conformity with existing State Law. Changes to the MSTU were suggested, and the process began. Over the next two and a half years, the Board of Directors for the Association began charting a path that would eventually lead to the Community pursuing city status. For almost two years, public meetings were held, special Board meetings and Town Hall meetings were held, and work began in earnest. This entire process was coupled with a long-term visioning process.

In 2011, a community wide visioning process began. The process took more than a year and in the end, there were several proposals that gained widespread community support. The main objectives recommended and approved was that the Community (1) focus on the roads in the Community, (2) upgrade the McCormick Lake campus, (3) pursue self-governance, and (4) develop an iconic recreational component that will assist in a re-branding effort. For several decades the Board of Directors of the Compass Lake in the Hills Property Owners Association, a Florida not for Profit Corporation has functioned as the governing and management body for the Community. The Association has functioned primarily through income provided to the MSTU through an assessment based on each build-able lot. Currently that fee is $135 per lot. The POA manages a streets and roads department, and meets the emergency needs of the Community by hiring a sheriff ’s deputy. The Community also established and oversees the operation of a 20 member volunteer fire department. The Board of Directors also supervises the administrative staff which overseas all operations including the rental of cabins and the fostering of many varied community recreational and social activities. The Association conducts an annual CPA audit of the operation. The Board of Directors also has a robust communications component. A monthly magazine, “The Compass” is currently mailed to more than 1,400 subscribers. The staff also developed and maintains the Community web site, www.compass-lake.com. Several years ago, a group of men living in the Community formed a Service Club that promotes the Community and adds to the general wellbeing. The club sponsors several community events and supports the fire department with fund raising activities.

For the last several years, it has been a growing concern of the Community that the quality of the lakes and waterways in the area must be preserved. Lot sales, community development and the quality of life in the area are directly linked to the quality of the lakes in the area. It is a generally felt the future well-being of the local environment must be addressed presently. If programs are not established now, then the future quality of the water bodies next to or apart of the Community may be negatively impacted. An ideal mechanism for the monitoring and preservation of the delicate eco system would be a city.

To build on the past successes of the Community, the residents believe that Municipal Incorporation of the City of Compass Lake in the Hills is key to the future. Municipal Incorporation will reduce the residents’ reliance on Jackson County and will allow for the future planning of the area. Finally, because one of the key focuses of the Community is the protection of the environment, it will allow the Community the resources and the structure to be ahead in the process. Creating the City of Compass Lake in Hills and therefore granting municipal home rule will have the following benefits.

1. The City of Compass Lake in the Hills will have local control over taxation, revenues and shared

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revenues from the state.

2. Incorporation will give the City of Compass Lake in the Hills greater access to federal and state financial support that is necessary for community development and infrastructure projects.

3. The City of Compass Lake in the Hills will pursue grants and other funding opportunities that promote community economic development and infrastructure improvements and upgrades.

4. Economic development tools would be available to the Community and assistance for the protection of the critical environment would be readily accessible.

5. The City of Compass Lake in the Hills will have greater autonomy to make land use and zoning decisions. Such local control would place Compass Lake in the Hills’ residents in charge of ensuring orderly patterns of growth and land use that are also consistent with residents’ community development goals.

6. The City of Compass Lake in the Hills will adopt ordinances applicable to only the City that will fit the Community’s economic development needs. The City of Compass Lake in the Hills has unique characteristics that may make “one-size-fits-all” ordinances adopted by Jackson County a poor match for the Community.

7. Finally, through the MSTU the lot owners are assessed $135 per year. Much of that assessment is spent on the maintenance, rebuilding, and upgrading of the 160-mile road system. The County gives no assistance and no other assistance is available. This system provides no future hope of major assistance for upgrades and has proven to be a contentious issue between the County and the Community. As a city, the Community will have responsibility for those roads now maintained within its confines. We will also have the necessary sources and assistance available to all cities for their road maintenance and upgrades.

Generally, these reasons for incorporation revolve around a central idea that the residents of Compass Lake in the Hills wish to be directly responsible for their own future and the future of their community. Over the last decade, Compass Lake in the Hills has accomplished many community objectives. The quality of life has been enhanced with the implementation of several community social, health and welfare programs. The Fire Department has again upgraded its ISO status. In addition, the Community worked together to become federal designated as a “Fire Wise Community”. Several building and upgrade programs have taken place and most importantly, the Community began two years ago, an extensive road resurfacing program. Finally, the Community feels that they are in fact, operating as a city, providing social, health and well-being programs offering additional police protection, road maintenance and fire protection. These activities have been successfully implemented and operated for many years. Further, Municipal Incorporation will afford Compass Lake in the Hills the opportunity to continue to grow the Community in an organized and manageable manner through the powers and authority set forth in the City Charter. The incorporation of the City of Compass Lake in the Hills will further the statutory purpose of Incorporation set forth in Florida statutes 165.021.

3. Characteristics of the area

a. A list of the current land use designations applied to the subject area in the county comprehensive plan

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The original Development Order for Compass Lake in Hills (see attached) indicates a project area of 10,254.5 acres of real property divided in 6,528 lots. The Compass Lake in Hills project has three “Future Land Use Map” categories applied by Jackson County within its boundary. These categories are Residential, Conservation, and Recreational. The classifications are defined in Chapter One, Policy 2.1-2-8 of the adopted Jackson County Comprehensive Plan. The Plan indicates that Conservation (CON) allows 1 dwelling unit per 40 acres. There is approximately 1,700 acres classified as Conservation in the Community. The Residential designation allows 4 dwelling units per 1 acre. There is 8,544 acres in residential lots. The Recreation designation is at present 10 acres and requires “50% Impervious Surface Ratio” within the proposed boundaries of the City of Compass Lake in the Hills. The following Future Land Use designations are in the Jackson County Comprehensive Plan.

b. A list of the current county zoning designations applied to the subject areaProperty within the proposed boundaries of the City of Compass Lake in Hills has the following Zoning designations:

There is no “Zoning” applied to the Compass Lake in the Hills development area. Zoning has never been adopted or applied by Jackson County within its jurisdictional limits.

c. A general statement of the present land use characteristics of the area

The Compass Lake in the Hills area is primarily a platted large-scale residential development with existing improved and unimproved roadways. There are no public utilities (water, sewer) provided to the area. The project is served primarily by US 231 on its western side and CR 276 which cuts thorough the project on its east side, both are north-south roadways. There is limited non-residential development in the area. Due primarily to the current County adopted land use categories, there are no commercial uses such as grocers, fuel stations or other normally associated neighborhood support uses within the project area. The project site does host a clubhouse, rental cabins, restaurant, campgrounds, an equestrian center, driving range, disc golf course, and a concert area managed by the Compass Lake in the Hills Property Owners Association.

The project area includes a significant freshwater lake (McCormick Lake) and bounds the largest open water lake in the County (Compass Lake). The geography includes the second highest point in Florida along CR 276 on top of the “Delta Plain Highlands” with elevation above 240 feet and up to 340 feet above sea level. This sandy area is well drained through a well-developed surface drainage system. The soils on this sand ridge are classified as “Lakeland-Troup-Blanton in the Soils Survey of Jackson County. This category is described as “nearly level to steep, excessively drained to moderately well drained soils, some sandy to a depth of 80 inches or more, some sandy to 40-80 inches with loamy below.” The project area also borders lands purchased by the Northwest Management District as part of the effort to preserve and protect the Deer Point Lake reservoir located to the south in Bay County (Bay County public water source). Compass Lake in Hills is a very active recreational site and draws a significant increase of shoreline residents during the summer months.

d. A description of development being proposed for the territory, if any, and a statement of when actual development is expected to begin, if known.

There is no development currently proposed for the territory.

4. A list of all public agencies, such as local government, school districts, and special districts,

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whose current boundary falls within the boundary of the territory proposed for the change of reorganization.

• Jackson County Board of County Commissioners and various departments within the County including: Emergency Medical Services Department, Fire and Rescue Services, Parks and Recreation, Planning, Zoning, and Development Services, Solid Waste Management, and wastewater services.

• Jackson County Sheriff ’s Department.• Jackson County Property Appraiser.• Jackson County Supervisor of Elections.• Jackson County Tax Collector.• Jackson County Clerk of Court.• Jackson County School District• Northwest Florida Water Management District.• Opportunity Florida, Inc.• Apalachee Regional Planning Council.• Capital Region Transportation Planning Agency.• Apalachee Region’s Metropolitan Planning Organization (MPO).• Florida Fish and Wildlife Conservation Commission.• Florida Department of Environmental Protection.• Florida Department of Transportation.• Jackson County MSTU.

5. A list of current services being provided within the proposed incorporation area, including, but not limited to, water, sewer, solid waste, transportation, public works, law enforcement, fire and rescue, zoning, street lighting, parks and recreation, and library and cultural facilities, and the estimated costs for each current service

EMERGENCY MEDICAL SERVICES

Jackson County maintains the emergency medical service county wide. An ambulance service and support personnel are currently located in the City of Alford approximately 3.5 miles to the north. In the past, the Property Owners Association did maintain a temporary EMS service operated out of the Main Lodge. The service was operated with the understanding that half the amount of money to support the service would be provide by Jackson County. The Property Owners Association operated the service for six months and at that time the County reviewed the statistics, and because of revenue tightening decided to not fund the ongoing project. The Community provided full funding for the project for the entire year. The service cost the Property Owners Association approximately $14,000. This augmented service was a significant asset and may in fact be reactivated if funds are available in 18 months to 2 years.

FIRE/RESCUE SERVICES

Jackson County operates a County-wide Fire/Rescue Service. In order to provide a higher standard of service, the Community of Compass Lake in the Hills elected, more than 30 years ago, to create and operate a Volunteer Fire Department located in the Community. That Department is funded by the Property Owners Association with an addition grant of $12,500 from the County. The City will substantially increase

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funding for the Department immediately and start the process of moving to a volunteer and partially paid department. Currently, the Property Owners Association owns fire trucks, fire equipment, and a modern Fire Station. The volunteer force is made up of 20 Firefighters, more than half having professional designations and practical service in the field. The Fire Chief, a full time professional in Marianna, Florida, supervises the department and sponsors bi-weekly training exercises on Saturdays. Currently, the Fire Department is allocating time, resources and training so that it can become the premier Fire Unit that can fight brush and forest fires in the area.

LAW ENFORCEMENT

The Jackson County Sheriff ’s Office provides law enforcement services to the residents of Compass Lake in the Hills. Additionally, the Community, through the Property Owners Association has contracted for a full time Deputy which is assigned to the Community for enhanced Law Enforcement. Currently, the Property Owners Association pays the salary, benefits, the cost of the vehicle, fuel and insurance to the assigned Deputy. This program is not new and has been in place for many years. The current expenditure for such enhanced law enforcement is $54,630.

PARKS AND RECREATION

There are currently no Jackson County parks located in the Community. There are several open spaces used by the general public and the Property Owners Association maintains a members and guest policy on the park located at McCormick Lake. The 70 acre area known as the Main Campus is also open to the public. The public for several years, has been able to use the cabins, docks, the Equestrian Center, disc golf course, campgrounds, driving range, tennis courts and other recreational venues.

PLANNING AND DEVELOPMENT SERVICES

Jackson County currently provides planning and development services to the Community. It is expected that these services will be assumed by the City. These services will be performed by the Administrative Personnel and their salaries and the expenses will be absorbed by the Community.

SOLID WASTE

Jackson County provides solid waste collection services to Compass Lake in the Hills through a contract with a private provider. The current fee for the exclusive franchise will terminate with the County and be transferred to the City or renegotiated by the City. The fee will be an additional source of income for the City.

TRANSPORTATION

The Road Department of Compass Lake in the Hills, currently operated by, the Property Owners Association would be transferred to the new City. The road barn, a relativity new metal building and the equipment used by the Road Department will be leased to the new City from the Property Owners Association. The equipment owned by the MSTU will become the property of the City. The current employees will be transferred to the City. It is this department that currently maintains all of the roads, streets and by-ways in the Community. The exceptions are State Rd. 167, Highway 231, Pike Pond Rd, Nortek Blvd, and part of

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Corral Dr. Of the remaining roads maintained by the Road Department, there is 160 miles of blacktop, clay and rocked roads in the Community. The Road Department is also responsible for the drainage, the side drainage areas and the mowing of those roads. The current budget of the Road Department is $212,437.

WASTEWATER

Currently, there is no wastewater system in the area. Residents in the Community obtain drinking water from wells and use septic systems for sewer.

6. A list of proposed services to be provided within the proposed incorporation area, and the esti-mated cost of such proposed services

As discussed in the opening section, the residents of the newly formed City of Compass Lake in the Hills are pursuing Incorporation in order to increase local control and self-governance. This will provide a higher standard of services and increase the citizen engagement in issues that are important to the residents. It is anticipated that the current level of service now being provided through the Municipal Service Taxing Unit and managed by the Property Owners Association will be maintained. Additionally, the City will establish a building department and a planning department. Finally, the Community will be embarking upon a long-term effort of securing the necessary funding to implement a wastewater/sewage system as well as a water system for the Community. Finally, the Community believes it is imperative to begin the long term effort for the planning of a future waste water/sewage and water system. The citizens are well aware of environmental fragility of the area and desire to maintain the waterways and the lakes at a pristine level. Further, the City will begin the transition from a full time Volunteer Fire Department to a force of volunteers and paid professionals. The current expenditure for the fire service is $25,000 from the Property Owners Association through the MSTU and $12,500 in a direct grant from Jackson County. The County grant is expected to continue into the future.

The expenses of the City of Compass Lake in the Hills were calculated by using the current and past year’s MSTU budget as an accurate reflection of the cost associated with providing transportation services, policing services and firefighting services. Also, current staff provided an assessment of the staffing needs required for the new City. Finally, when appropriate and necessary, other cities and/or County budgets were used to either compare, provide insight or used as a model in determining cost associated with operating the City of Compass Lake in Hills. Some of the budgets used for comparative purposes and analysis are:

• County of Jackson County• Roads Department Budget• The City of Grand Ridge, Florida• The City of Alford, Florida• The City of Sopchoppy in Wakulla County, Florida• The City of Cedar Key in Levy County Florida

These cities and the County budget of Jackson were selected after considering a variety of comparative factors including but not limited to population, the relative size of the County and the transparency of the available budget data.

All expenses are estimated for a 2016-2017 fiscal budget commencing in October of 2016.LEGAL SERVICES

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This study anticipates that legal services will be provided by a part time city attorney. Previous city budgets as well as consultation with the Association attorney is the basis for the legal services budget.

The preparers of this report did not use an average or median amount in comparing the cities but rather relied heavily upon the base rate of $165 per hour and the projected need for those services on a minimal retaining basis of $2000 per month and $150 per hour.

MANAGERIAL SERVICES

In order to operate the City of Compass Lake in Hills, it is believed that a full time professional manager will be required, as well as a city clerk and a receptionist/secretary. While the City Charter allows for the City Administrator and the Clerk of the Commission to be consolidated, at the outset it is not believed that is possible. The reason that three full time people would be required is because immediately upon charter approval, the City will be operating a Transportation Department, supervising a Volunteer Fire Department and maintaining the status quo with the current Sheriff Department’s Deputy. However, it is anticipated that within a short period of time the Commission will consider hiring a full time Police Officer for the Community. It is also anticipated that the Volunteer Fire Department will be moving to a mix of paid professionals and volunteers. Because of the current workload associated with these probable events and the existence of an operating Transportation Department, it appears necessary that three full time people are required. The cost of providing a City Clerk will range from $25,000 to $40,000. The cost to hire a City Manager will range from $50,000 to $65,000 and the reception/secretary position will pay between $22,000 and $28,000. This range of pay is based upon known availability, the general market place and by comparison to other cities of the same size.

In reviewing and analyzing the management services required, current staff as well as the Board of Directors of the Property Owners Association has a special insight. This insight exists because of the very nature of the Property Owners Association. Current staff now provides the management services required to operate, manage and supervise the existing Fire Department, policing contract and Transportation Department. A significant amount of other time will be spent in preparation for a professionally paid and volunteer Fire Department as well as the move toward a separate Police Department maintained and operated by the City. A significant amount of time will also be spent in the drafting and preparation of required ordinances for the Police Department as well as the Planning and Permitting Department.

PLANNING AND DEVELOPING SERVICES

Upon incorporation, the City of Compass Lake in the Hills will be required to establish a Growth Management Policy. The City will draft and adopt planning related ordinances, such as a Comprehensive Plan and Land Development Code. Funding for these activities will come from the amounts budgeted for legal services, engineering services and consulting. For a short period of time the City will continue the existing rules, regulations, and existing categories currently in existence. An orderly transition will take place over a short period of time and in open forums. The planning application, review and permit issuance process will be performed by the City. All building services will be provided by the City of Compass Lake in the Hills. Growth Management Policy will come from the City Commission and from a Board of volunteers specifically appointed to the Land Planning Board. At present it is believed that the City will adopt the same or similar guidelines for planning and development.

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GENERAL OPERATION AND CITY HALL

The City of Compass Lake in the Hills will lease existing office space from the Property Owners Association at the Main Lodge. Public meetings, Commission meetings, and Planning Commission meetings and other such events will take place at the McCormick Lake Lodge. All leased fees and user fees for the premises and janitorial services are determined through the existing market place. The cost of electricity, internet, website hosting, office supplies and furnishings have all been determined based upon the now current MSTU and POA budgets. The cost of Worker’s Compensation is calculated by using a running average of the last 5 years of the two budgets. A cost of the expected increase is included and the computation is based upon insurance industry statistics as provided by the now current provider.

Finally, the draft Charter of the City of Compass Lake in the Hills provides for biannual municipal elections. The cost associated with the elections was provided by several Supervisors of Elections. It is expected that the cost of municipal elections will be approximately $3,000.

PARKS AND RECREATION

The City of Compass Lake in the Hills does not anticipate the purchase or development of any city parks in the immediate future. Currently, the Property Owners Association owns several areas currently used as parks. Consequently, the Property Owners Association will continue to maintain those facilities in the same manner that they have been maintained and operated in the past.

TRANSPORTATION

The City of Compass Lake in the Hills will lease the existing road facilities from the Property Owners Association and also lease the existing equipment owned by the Property Owners Association in order to continue the road building, maintenance and rebuilding projects of the Road Department. The City of Compass Lake in the Hills will enter into a lease agreement for the Road Facility at a monthly rate of $950, not including taxes, utilities and sales tax. The existing equipment that will be leased are as follows. The lease amount for all the equipment will be $3000 per month. The lease amount is based upon the values of the existing equipment. Both the lease of the equipment and the lease for the building will continue for a period of 5 years. After which the City will have the right to continue at a negotiated rate. The equipment and machinery owned by the MSTU will be transferred to the City. The existing supplies currently on hand and owned by the Association for the operation of equipment will be purchased by the City. The projected amount of the existing inventory is approximately $5,000. The current employees now working for the MSTU on the Road Crew will immediately become employees of the City. The existing budget of the road department is in concert with the historical data, and is the basis for the next 5 years budgets. It is also anticipated that the State shared gas taxes, a percentage of the local options gas tax, the Small County Outreach Program State Grants, Small County Roads Assistance Program State Grants, and other revenue sources will demure to the City of Compass Lake in the Hills. The City is also entitled to receive a share of the local option gas taxes. This will be an augmentation to the anticipated annual assessment of city revenues.

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7. The names and addresses of three officers or persons submitting the proposal

Duane Laster645 Compass Lake DriveAlford, Florida 32420Phone (850) 579-4303

Nevin J. Zimmerman475 Harrison Ave # 100, Panama City, FL 32401Phone:(850) 215-6604

John Laymon645 Compass Lake DriveAlford, Florida 32420Phone (850) 579-4303

8. Evidence of fiscal capacity and an organizational plan as it relates to the area seeking Incorpora-tion.

a. Existing tax bases, including ad valorem taxable value, utility taxes, sales and use taxes, franchise taxes, license and permit fees, charges for services, fines and forfeitures, and other revenue sources, as appropriate

At several public Board of Directors meetings of the Property Association, the Community was informed that the current lot assessment for the 6344 lots will continue at the same level ($135) for the next 5 years. The assessment generates $856,440 per annum. It is also anticipated that the funds for state revenue sharing, a portion of the state generated 1% sales tax, the net discretionary state revenue share and state share half-cent sales tax, planning and development fees, franchise fees and portions of the public services tax, communication services tax will form the basis of revenue for the new City of Compass Lake in Hills. An additional source of revenue comes from the City in a grant of $12,500 for extended fire services. For many years, Compass Lake in the Hills Volunteer Fire Department has supported other Fire Departments and answering calls within a few miles of the Community. That enhanced service is underwritten by mutual aid contract with the County for $12,500.

LOCAL GOVERNMENT HALF-CENT SALES TAXES

Cities that were incorporated after 1982 and which do not meet all criteria for incorporation of Florida Statutes 165.061 are not eligible for state shared half-cent sales taxes. The proposed City of Compass Lake in Hills does not meet the population density requirements of Florida Statutes 165.061(b) (and) (c). Assuming the Florida Legislature waives the requirements of Florida Statutes 218.63(1), then the City of Compass Lake in the Hills would receive an estimated $30,000 in state shared half-cent sales tax distributions in fiscal year 2016.

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COMMUNICATIONS SERVICES TAX

It is not anticipated at this time that the City of Compass Lake in Hills will levy a communications service tax. However, the option of having such a tax is open and therefore available to the City Commission at any time.

PUBLIC SERVICE TAXES

At this time the City of Compass Lake in the Hills does not anticipate levying a public service tax. A public service tax on sales of electricity meter, gas and water is common and usual in many cities throughout the state. However, the need for such a tax is not apparent and future decisions as to levying such a tax will be left to the elected officials of the City of Compass Lake in Hills.

FRANCHISE FEES

Franchise fees are a proprietary fee that Florida local governments may impose pursuant to their home rule powers. Jackson County awards a franchise to the Community for waste disposal. The amount collected from Waste Management as the exclusive provider is $20,000. This reflects the approximate same amount currently collected by Jackson County.

THE MUNICIPAL REVENUE SHARING PROGRAM

The Municipal Revenue Sharing Program is a State of Florida distribution to municipalities of “1.3409 percent of sales and use tax collections, 12.5 percent of the state alternative fuel user decal fee collections, and the net collections from the one cent municipal fuel tax.” The revenues are allocated to all Florida municipalities according to a distribution formula that includes each city’s relative population and ability to collect revenue from other sources.

It is estimated that the revenues for Compass Lake in the Hills should be $25,682. This estimate was provided by Bogan Public Management Company and based upon population statistics provided by Compass Lake in Hills Executive management. The consultant indicates that “In estimating the revenues for Compass Lake in the Hills, the City of Alford population was used as a base to derive the estimate…..a factor of 1,0261 was used in estimating revenues on the amount of $25,682 in Municipal Revenue Sharing.”

AD VALOREM TAXES

It is not anticipated that ad valorem taxes will be collected at this time or in the immediate future. Such a decision will be left to the elected officials of the City in the future. The case for such a tax would therefore have to be made by the political leadership of the Community and involve the general citizenry and the property owners. At this time, no funds from ad valorem taxes is expected.

BUSINESS TAXES

The City of Compass Lake in Hills may levy a business tax for the privilege of conducting business in the City. However, it is not anticipated at this time that such a tax will be levied. The amount of businesses located in Compass Lake in the Hills and/or those businesses’ conducting their enterprise in the Community would

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be difficult to monitor and not prove to be a significant amount of annual revenue. Therefore, any business taxes collected by the City is left to the discretion of the elected Commissioners and Mayor, and take place in the future.

PLANNING AND DEVELOPMENT FEES

Upon incorporation, the City of Compass Lake in Hills must establish growth management policy. The current function of Jackson County regarding the issuance, review and permitting for building and development will continue until the City establishes its own department. When established, the City will perform all required and required services. The study assumes that current fees now being applied to such services by the County will be the same. The amount of such fees collected over the last 2 years from the area of Compass Lake in Hills was $2,468. It is anticipated that for the next 2 years, the amount will be approximately the same, but in year 3, 4, and 5, there is an expectation of an increase due to the expected upturn in the economy and enhancement of services to the Community.

GAS TAXES

“The Local Option Fuel Tax estimate was derived in the same manner as that of the Municipal Revenue Sharing Program. Alternative procedures were used here primarily because this was the best data available. Although the lane miles and estimated cost of transportation for Compass Lake in the Hills was provided, the same data for all other municipalities are needed to utilize the data. As a result, a factor of 1.0261 was used with the actual revenues paid to the City of Alford in deriving this number. The Local Option Fuel Tax is estimated at $27,264.” This is the actual excerpt for the report submitted by Bill Bogan of Bogan Public Management Company for use in this feasibility study.

THE FIVE YEAR OPERATIONAL PLAN

b. A 5-year operational plan that, at a minimum, includes proposed staffing, building acquisition and construction, debt issuance, and budgets

This section present a 5-year operational plan for the City of Compass Lake in the Hills spanning the fiscal year beginning October 1, 2016 through the fiscal year ending September 30, 2021.

“Table 1. is a 5-Year Revenue Projection” presents the amount of revenues and the sources thereof as discussed in detail in the previous section. It is based upon estimates, usual, ordinary and acceptable accounting practices were used in preparing these revenues and expense future projections. As indicated previously, there is no ad valorem tax projected for the 5 year future budget. Further, there is no anticipated business tax, communication tax or public service tax projected either. There is, however, planning and development fees that are projected and a per lot assessment of $135 per annum that is also projected. To ensure political stability and meet the commitments discussed at various meetings held within the Community, the $135 per annum per lot assessment will not be increased and will remain the same for the entire 5 years.

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TABLE 1. 5-YEAR REVENUE DETAIL

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5Less 1. Municipal Revenue Sharing $25,500 $25,500 $25,500 $25,500 $25,500

2. Local Option Fuel Tax $27,000 $27,000 $27,000 $27,000 $27,0003. Local government ½ cent $30,000 $30,000 $30,000 $30,000 $30,0004. Inter-local agreement $12,500 $12,500 $15,000 $15,000 $15,0005. City fees ,traffic fines $8,000 $8,000 $10,000 $12,000

6. Lot assessments (6,344 lot @ $135) (less 2% collection fee.)

$839,312 $839,312 $839,312 $839,312 $839,312

TOTAL INCOME $934,312 $942,312 $944,812 $946,812 $948,812

TABLE 2. 5-YEAR EXPENSE DETAIL

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 51. Office Lease $15,000 $15,000 $15,000 $15,000 $15,0002. City Manager $55,000 $55,000 $65,000 $65,000 $68,0003. City Clerk $35,000 $35,000 $35,000 $37,000 $37,0004. Receptionist/Secretary $25,000 $25,000 $27,500 $27,500 $27,5005. Benefits $30,000 $30,000 $31,000 $32,000 $32,0006. Fire Department $45,000 $50,000 $50,000 $55,000 $55,0007. Roads Department $340,000 $347,700 $350,900 $350,900 $360,9008. Police Operations $70,000 $70,000 $72,500 $72,500 $72,5009. Equipment Lease

Fire Equipment ($150,000 value) $20,000 $20,000 $20,000 $20,000 $20,000 Road Equipment ($200,000 value) $24,000 $24,000 $24,000 $24,000 $24,000

10. Building Lease Road Barn $16,800 $16,800 $16,800 $16,800 $16,800 Fire Station $36,000 $36,000 $36,000 $36,000 $36,000 Clay Pit $9,600 $9,600 $9,600 $9,600 $9,600

11. Utilities $3,000 $3,200 $3,400 $3,600 $3,60012. Attorney Fees $30,000 $30,000 $35,000 $35,000 $35,00013. Engineering Services $20,000 $15,000 $10,000 $10,000 $7,50014. Consulting Services $10,000 $7,500 $7,500 $5,000 $5,00015. CPA Audit $8,000 $8,000 $9,000 $9,000 $9,00016. Misc. $12,700 $12,700 $20,618 $12,000 $10,00017. Reserves $129,212 $131,812 $105,994 $110,912 $104,412

TOTAL $934,312 $942,312 $944,812 $946,812 $948,812

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TABLE 3. 5-YEAR ROAD DEPARTMENT

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

1. Payroll $155,000 $155,000 $158,000 $158,000 $165,0002. Payroll Taxes, Benefits $46,000 $46,000 $47,000 $47,000 $50,0003. Insurance $12,000 $12,000 $12,000 $12,000 $13,0004. Communications $800 $800 $800 $800 $8005. Utilities $1,000 $1,000 $1,000 $1,000 $1,2006. Operating Supplies $500 $500 $600 $600 $5007. Fuel Oil Lube $26,000 $26,000 $28,600 $30,000 $32,0008. Repair Maintenance, Equipment $10,000 $14,000 $15,000 $15,000 $15,0009. Repair & Maint, Building & Grounds $900 $1,200 $1,200 $1,200 $1,200

10. Sod Fertilizer $3,500 $3,500 $4,000 $4,000 $3,00011. Comm Material-Rock** $75,000 $75,000 $70,000 $70,000 $65,00012. New Equipment (Under 500) $800 $1,200 $1,200 $1,100 $1,50013. Training, Education (OSHA) $500 $500 $500 $500 $50014. Contingency $5000 $6000 $6000 $4,500 $7,20015. Contractual Labor ** $3,000 $5,000 $5,000 $5,200 $5,000

TOTAL BUDGET $340,000 $347,700 $350,900 $350,900 $360,900

TABLE 4. BALANCE SHEET

FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20Beginning Balance $100,000 $185,000 $270,000 $355,000 $430,000Total Revenues $928,440 $928,440 $945,940 $950,940 $949,940Total Expenses -$928,440 -$928,440 -$945,940 -$950,940 -$949,940Revenue From Borrowing 0 0 0 0 0Interest & Principal Payment $129,212 $131,812 $105,994 $110,912 $104,412

ENDING BALANCE $229,212 $316,812 $375,994 $465,912 534,412

“Table 4 Balance Sheet” provides a further aspect of the operational plan. The plan assumes that upon incorporation that there will be a minimum of $100,000 in the reserve account of the MSTU. Those funds will transfer to the City. There is no plan for borrowing during the initial 5 years of operation. Within the first several months of City operation the carry-over revenues from the MSTU assessments will allow for the City to operate.

When the City becomes operational, the current MSTU is to be dissolved. On October of 1984 the County Commission, at the request of the Compass Lake in the Hills Property Owners Association approved a Municipal Services Taxing Unit. From that date forward the citizens became part of a compact with the County in which the County collects a per lot assessment with the Community and then contracts with the Property Owners Association to manage the funds and supervise the activities. With the creation of the City the MSTU will be dissolved and the on hand revenue will be returned to either the Property Owners Association or to the City whichever is appropriate.

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9. Data and analysis to support the conclusions that incorporation is necessary and financially feasible, including population projections and population density calculations, and an explanation concerning methodologies used for such analysis.

Data and analysis supporting the conclusions that incorporation is financially feasible can be found in section 8 of this study and the included charts of that section.

Compass Lake in the Hills is not a census designated place. Therefore, community management undertook a survey as to the number of current full time residents living in the Community. The study was undertaken during the months of October and December of 2014 and again during the month of February of 2015. The Property Owners Association maintains files of those people registered as living on property. This is for the purpose of house checks, the distribution of the newsletters and other communication. Because the process is voluntary not everyone chooses to enroll. Also an aberration in the system is the fact that some people may register but are not full time residents. Consequently through physical interviews either by phone or in person management was able to determine with some reasonable degree of accuracy the number of full time residents. The population of the Community is currently 512 people. In order to project population statistics going forward for the next 10 years the Bureau of Business and Economic Research at the University of Florida (BERB) was enlisted. “Table 5 Population Projections” provides the future trend lines and probable targets for the population growth of Jackson County.

The Jackson County Economic Development Council has been active over the years in relocating manufacturing facilities to Jackson County. Within the past 6 years the Council secured property for the Green Circle Pellet manufacturing facility. The facility currently employees 370 full-time individuals.. The facility is located within 6 miles of the Community. The Council has also been promoting a 2,240 acre site in the Campbellton area for an automobile manufacturing facility. This project has enlisted several of the area’s Chambers of Commerce and the States of Florida and Alabama. The Community of Compass Lake in the Hills will benefit if this venture materializes because of the “shovel ready” number of lots available for immediate purchase.

TABLE 5. POPULATION PROJECTION

YEAR Jackson County Population BEBR implied growth rate Projected Compass Lake in Hills Population

Annual implied growth rate

2015 50,298 1.01% 421 2%2020 50,895 1.01% 471 2%2025 51,297 1.01% 521 3%2030 51,405 1.01% 571 3%2035 51,594 1.01% 620 4%2040 51,900 1.01% 670 4%

Compass Lake in the Hills has had for the last 6 years at least five new homes, trailer homes, or modular homes built in the Community. These homes represent an immigration of an average 12 new residents a year. Consequently, the immigration of 12 residents a year distorts the projections and is represented by an annual implied growth of 2%. The reason that the 2% appears as an aberration in comparison to the 1% BEBR implied growth rate for the County is because our base population is only 512 residents in the year 2015. Compass Lake in the Hills represents the largest single subdivision in the County that is “shovel

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ready’ for individuals that wish to purchase a lot and build immediately. Therefore, Compass Lake in the Hills will benefit significantly from new job creation in the area.

Table 6. Land Mass and Population size of the Cities of Jackson County.

RELATIVE SIZE BY POPULATION AND LAND MASSOF EACH INCORPORATED CITY IN JACKSON COUNTY

CITY POPULATION LAND SIZEMarianna 9,230 (2013) 8mi2

Graceville 2,236 (2013) 4.4mi2

Malone 2,153 (2013) 3.1mi2

Sneads 1,790 (2013) 4.598mi2

GrandRidge 878 (2013) 2.301mi2

Cottondale 907 (2013) 1.7mi2

Greenwood 664 (2013) 4.799mi2

Compass Lake in Hills 512 (2015) 13.9mi2

Alford 476 (2013) 1.301mi2

Jacob City 239 (2013) 3.2mi2

Campbellton 222 (2013) 1.28mi2

Bascom 119(2013) 3.2mi2

When incorporated, Compass Lake in the Hills will have the eighth largest city population. There will be four cities having a smaller population. Compass Lake in the Hills, when incorporated will, be the largest city in land size. Compass Lake in Hills is almost 14 square miles and the next city in size is Marianna at 8 square miles. This represents a large permanent reduction in road expenses to the County.

10. Evaluation of the alternatives available to the area to address its policy concerns.

As discussed in previous sections, the residents of Compass Lake in the Hills wish to continue providing the services now being provided the Community through the MSTU. The Community is expected to add a building, planning and development function. Also, a directed focus of the Community will be the water quality of the lakes, ponds, and streams in the Community.

The only alternative to incorporations is the status quo. We would need to rely on the continuance of the MSTU and the partnership with the County. Unfortunately that does not provide the opportunity for the Community to directly apply for state and federal grants. And it does not adequately allow for the time required to dedicate the advance planning for a water system, a sewage system, or enhance the fire department in a significant manner. No alternative to incorporation provides for the local control of Compass Lake in Hills’ planning and growth management, ordinance adoption, or taxation that a municipal incorporation can perform. For these reasons, and because it is the general belief that local government is best, the Community believes that self-determination through incorporation is best.

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11. Evidence that the proposed municipality meets the statutory requirements for incorporation.

Florida Statutes 165.161 provides standards for areas proposed for municipal incorporation. Compass Lake in the Hills meets or exceeds all standards except to those related to minimum population and density. The following paragraphs address each of the standards set forth in the statutes and outline extraordinary conditions with regard to the minimum population and density conditions.

a. Compact and contiguous and amenable to separate municipal government. The proposed boundaries of the City of Compass Lake in the Hills are compact, contiguous and amenable to separate municipal government. Compass Lake in the Hills has as its natural southern boundary Compass Lake. The remaining southern boundary, the north east and west boundaries follow existing legal and natural boundaries. Originally platted as a subdivision in the 1970’s as Compass Lake in the Hills, the Community has maintained and promoted a self-identity. The Community established its own volunteer fire department and maintains the roads within the Community. These services are recognized as government sponsored services.

There are four parcels of land representing a total of approximately 150 acres that are and have been enclaves since the beginning. These parcels represent approximately .015 of the total acres included in the Community. These pockets are rural and undeveloped and do not interfere with the current level of services provided. These properties will not pose a detriment to the future delivery of municipal services.There is one large protrusion and several small protrusions into the area boundary of the proposed city. The larger protrusion is sparsely populated land and the other protrusions are rural. The land size of the Community is more than 10,000 acres. Consequently, intrusions and enclaves are not significant and have not interrupted or caused issues or problems with the delivery of road, police, and fire services. Regarding fire services, the Community answers calls and supports other fire stations in the immediately surrounding area. The Community derives a fee from Jackson County for the additional coverage.

It should be clearly understood that the City of Compass Lake in the Hills would only incorporate those lands in the development of Compass Lake in the Hills, including all common areas controlled by the Compass Lake in the Hills Property Owners Association, Inc., and specifically excluding all properties in the unincorporated area of Jackson County, Florida in the vicinity of Compass Lake in Hills that are not under the control of Compass Lake in the Hills Property Owners Association, Inc.

The Community provides police services within the Community through a contract for services with the Jackson County Sheriff ’s Department. The Deputy will assist and answer calls in the immediate area. Finally, the limited amount of roads existing in the protruded area, are maintained by Jackson County. This working relationship has existed for more than 25 years. The infrequent “crossing over” by the Community roads department creates no continuing or ongoing problems. The proposed City of Compass Lake in the Hills is not divided by any internal barriers that would make it inappropriate for unified governance.

b. Total population, as determined in the latest official state census, special census, or estimate of population, in the area to be incorporated of at least 1,500 persons in counties with a population of 75,000 or less.

According to the 2010 U.S. Census, Jackson County has a total population of 48,801 people. According to the recent computations provided in section 9 of this Feasibility Study, the proposed City of Compass Lake

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in the Hills will have a population of 512 in 2015.

The expected calculated population of Compass Lake in the Hills does not meet the population standard of Florida Statutes 165.061(1)(b). Jackson County and Compass Lake in the Hills have unique circumstances justifying incorporation despite Compass Lake in the Hills’ population being below this standard.

Jackson County currently has 11 municipal corporations. The accompanying chart, chart 7, presents the cities populations and size. Of the 11 cities, Campbellton, Bascom, and Jacob City have populations less than the population of Compass Lake in Hills. The City of Alford is similar in population to Compass Lake in the Hills. The size of Compass Lake in the Hills makes it the largest municipality in Jackson Counts. Because of the significant number of already platted lots, Compass Lake in the Hills is positioned for growth better than any other city in the County. This reality provides a benefit to the Community and the County for managed growth in the future.

Jackson County has a population of 48,801 and therefore only rises to two thirds of the statutory benchmark of 75,000, incorporation of a community with fewer than 1,500 persons is appropriate. The comparatively small populations of Campbellton, Bascom, and Jacob City show that the City of Compass Lake in the Hills would not be an aberration in Jackson County but considering the fact that the Community provides several city services, would be appropriate. Further, the Community would be the largest physical city in Jackson County. By maintaining the roads now currently maintained by the Community, a significant ongoing operational cost is permanently shifted to the City of Compass Lake in the Hills.

c. Average population density of at least 1.5 persons per acre or extraordinary conditions requires the establishment of a municipal corporation with less existing density.

The City of Compass Lake in the Hills will have a net population density less than the 1.5 persons per acre. However, the Community has extraordinary conditions, which warrant incorporation with less existing density.

Within the proposed City of Compass Lake in the Hills is McCormick Lake, Campsite Pond, and Beaver Pond. The total of these water bodies exceed 165 acres. Further included in the property is over 900 acres of wetlands. When the 165 acres of water bodies and the 900 acres of wetlands are deleted from the area that can be populated in the Community jurisdiction the amount of inhabitable acres is decreased to 9,315 acres. Also, when the existing roads and the road right-away are deleted from the overall habitable acreage, the total of 9,315 acres is reduced to 8,151 acres. Next, there is over 150 lots in the confines of the proposed city that are not now paying the current $135 assessment. These lots are termed “garden lots” and are unbuildable. The total amount of acreage in these lots is 225 acres. Finally the excavated clay pit owned by the Association and used for the roads is 34 acres. The buildable acres within the City is 7,892 acres and the density is .05 person per acre.

A second extraordinary condition is that by incorporating, resources for the maintenance and upgrading of the more than 160 miles of roads in the City confines will be available. Currently we have little or no standing with government entities and most private charitable trusts and corporations, therefore we do not qualify or are so far down the list that applying is not fruitful. The same extraordinary condition exists with the Fire Department. Our ability to upgrade the equipment, vehicles, and trainings is impossible. As a city fire department, the opportunities for grants and assistance are virtually nonexistent.

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A third extraordinary condition is the fact that the property is thought to be and promoted as a separate freestanding community. The Community maintains its own monthly magazine and web site. The Community also provides a great many community activities throughout the year. The Community is responsible for all road maintenance and rebuilding of the roads in the Community. The Community is the primary funding source for the Volunteer Fire Department. The Community also owns and leases a successful restaurant on site. Finally, the Community maintains several recreational amenities and provides overnight accommodations to the public.

d. Minimum distance of any part of the area proposed for incorporation from the boundaries of an existing municipality within the County of at least 2 miles or an extraordinary natural bound-ary which requires separate municipal government.

The proposed city of Compass Lake in the Hills is not within two miles of the boundaries of an existing municipality within Jackson County. The proposed City of Compass Lake in the Hills is located approximately 4 miles from the nearest city the City of Alford. No other cities are closer than the City of Alford.

e. Proposed municipal charter which: (1) prescribes the form of government and clearly defines the responsibility for legislative and executive functions and (2) does not prohibit the legislative body of the municipality from exercising its powers to levy and tax authorized by the Constitu-tion or general law.

The proposed City of Compass Lake in the Hills Charter is included in this study. The proposed Charter addresses unique needs of Compass Lake in the Hills and prescribes the form of government, clearly defines the responsibility for legislative and executive functions and does not prohibit the legislative body of the municipality from exercising its powers to levy any tax authorized by the Constitution or general law.

f. Plan for incorporation honors existing solid-waste contracts in the affected geographic area subject to incorporation.

There are no solid waste contracts that currently exist and no plants planned or in existence that will affect the area of incorporation.

City Charter (29)


APPENDIX A

City Charter (30)


A bill to be entitled

An act relating to Jackson County; creating the City of Compass Lake; providing a charter; providing leg-

islative intent; providing a council-manager form of government; providing boundaries; providing munic-

ipal powers; providing for a city council, mayor, and vice mayor; providing for membership, qualifications,

terms, powers, duties, circumstances resulting in vacancy in office, grounds for forfeiture and suspension,

filling of vacancies, and compensation and expenses of council members and the mayor and vice may-

or; providing for appointment of charter officers, including a city manager, city attorney, and city clerk;

providing for removal, compensation, filling of vacancies, qualifications, powers, and duties of charter

officers; providing for the expenditure of city funds; providing for city council meetings and specifying

requirements relating thereto; providing for adoption, distribution, and recording of technical codes; pro-

viding for emergency ordinances and appropriations; providing for recordkeeping; prohibiting dual office

holding; prohibiting certain interference with city employees; establishing the fiscal year; providing for

adoption of an annual budget and appropriations; providing for supplemental, reduction in, and transfer

of appropriations; providing for limitations; providing for an annual financial audit; providing for non-

partisan elections and matters relating thereto; providing for recall; providing for charter amendments;

providing for standards of conduct in office; providing for severability; providing for a city personnel sys-

tem; prohibiting charitable contributions unless authorized by the council; providing for land use changes;

providing the City a transitional schedule and procedures for its first election; providing for first-year ex-

penses; providing for adoption of transitional ordinances, resolutions, a comprehensive plan, and local de-

velopment regulations; providing for sharing of revenues from the communications services tax; provid-

ing for accelerated entitlement to state-shared revenues; providing for receipt and distribution of gas tax

revenues; providing for continuation of the Jackson County Fire Rescue Municipal Service Taxing Unit;

providing for law enforcement; providing for waivers; requiring a referendum; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Charter; creation; form of government; boundaries and powers.

(1) CHARTER; CREATION.

(a) This act, together with any future amendments thereto, may be known as the “Charter

City Charter (31)


of the City of Compass Lake” (the “charter”), and the City of Compass Lake (the “city”) is created.

(b) The Compass Lake area in Jackson County includes __________ of approximately

______ persons who seek to preserve their community and environment. The residents within the pro-

posed city seek to control the future development of the area and ___________.

(c) It is in the best interests of the public health, safety and welfare of the residents of the

Compass Lake area to form a separate municipality for the Compass Lake area with all the powers and

authority necessary to provide adequate and efficient municipal services to its residents.

(d) It is the intent of this charter and the incorporation of the City to secure the benefits of

self-determination and affirm the values of representative democracy, citizen participation, strong com-

munity leadership, professional management and regional cooperation.

(2) FORM OF GOVERNMENT.

The City shall have a council-manager form of government.

(3) CORPORATE BOUNDARIES. The corporate boundaries of the City shall be as described as

follows: The City shall have the power to change its boundaries as authorized by general law.

(4) MUNICIPAL POWERS. The City shall be a body corporate and politic and shall have all avail-

able governmental, corporate and proprietary powers of a municipality under the State Constitution and

laws of the state, as fully and completely as though such powers were specifically enumerated in this char-

ter, and may exercise such powers, except when prohibited by law. Through the adoption of this charter, it

is the intent of the electors of the City that the municipal government established by this charter have the

broadest exercise of home rule powers permitted under the State Constitution and laws of the state. This

charter and the powers of the City shall be construed liberally in favor of the City.

Section 2. Council; mayor and vice mayor.

(1) CITY COUNCIL. There shall be a five-member city council (“council”) vested with all legisla-

tive powers of the City, consisting of five members (“council members”), each elected from and represent-

City Charter (32)


ing the City at large. Unless otherwise stated in this charter, all charter powers shall be exercised by the

council.

(2) THE MAYOR; POWERS AND DUTIES.

(a) The council, at its first regular meeting after each election, shall elect from its members

a mayor who shall serve for a period of 2 years and who shall have the same legislative powers and duties

as any other council member, except as provided in this charter.

(b) In addition to carrying out the regular duties of a council member, the mayor shall

preside at the meetings of the council and shall be recognized as the head of city government for service

of process, ceremonial matters and the signature or execution of ordinances, contracts, deeds, bonds and

other instruments and documents and for purposes of military law. The mayor shall also serve as the cere-

monial head of the City and the City official designated to represent the City when dealing with other enti-

ties. The mayor shall have no administrative duties other than those necessary to accomplish these actions,

or such other actions as may be authorized by the City council, consistent with general or special law.

(3) THE VICE MAYOR.

(a) The council, at its first regular meeting after each election, shall elect from its members a

vice mayor who shall serve for a period of 2 years and who shall have the same legislative powers and duties

while serving as any other council member.

(b) The vice mayor shall serve as acting mayor during the absence or disability of the may-

or. In the absence of the mayor and the vice mayor, the remaining council members shall select a council

member to serve as acting mayor.

Section 3. Election and terms of office.

(1) TERM OF OFFICE. Except as detailed in subsection (3) of section 7 for the initial election,

each council member shall be elected at large for a 4-year term by the electors of the City in the manner

provided in section 9. Except for the initial election, council members shall be sworn into office at the first

City Charter (33)


regularly scheduled meeting after the fourth Tuesday of November after the election. Each council member

shall remain in office until his or her successor is elected and assumes the duties of the position.

(2) SEATS. The City council shall be divided into five separate council seats to be designated as

seats 1, 2, 3, 4 and 5, to be voted on citywide, with each qualified elector entitled to vote for one candidate

for each seat.

(3) QUALIFICATIONS. Candidates for each council seat must qualify for council elections by seat

in accordance with applicable general law, and the council members elected to those seats shall hold seats

1 through 5, respectively. To qualify for office:

(a) Filing. Each candidate for council member shall file a written notice of candidacy with

the City clerk at such time and in such manner as may be prescribed by this charter, and shall make pay-

ment to the City of qualifying fees that may be required by general law.

(b) Registered elector. Each candidate for council member shall be a registered elector in

the state.

(c) Residency. Each candidate for council member shall have maintained his or her domi-

cile within the boundaries of the City for a period of 1 year before qualifying for election and, if elected,

shall maintain such residency throughout his or her term of office.

(d) Deadline. A resident of the City who wishes to become a candidate for a council mem-

ber seat shall qualify with the City clerk no sooner than July 2, nor later than July 12, of the year in which

the election is to be held.

(4) VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING OF VACANCIES.

(a) Vacancies. A vacancy in the office of mayor, vice mayor or council member shall occur

upon the death of the incumbent, removal from office as authorized by law, resignation, appointment to

other public office which creates dual office holding, judicially determined incompetence or forfeiture of

office as described in paragraph (b).

City Charter (34)


(b) Forfeiture of office. A council member shall forfeit his or her office upon determination

by the council, acting as a body, at a duly noticed public meeting that he or she:

1. Lacks at any time, or fails to maintain during his or her term of office, any quali-

fication for the office prescribed by this charter or otherwise required by law;

2. Is convicted of a felony or enters a plea of guilty or nolo contendere to a crime

punishable as a felony, even if adjudication is withheld;

3. Is convicted of a misdemeanor of the first degree arising directly out of his or her

official conduct or duties, or enters a plea of guilty or nolo contendere thereto, even if adjudication of guilt

has been withheld;

4. Is found to have violated any standard of conduct or code of ethics established by

law for public officials and has been suspended from office by the Governor, unless subsequently reinstated

as provided by law; or

5. Is absent from three consecutive regular council meetings without good cause, or

for any other reason established in this charter.

The council shall be the sole judge of the qualifications of its members and shall hear all questions

relating to forfeiture of a council member’s office, including whether good cause for absence has been or

may be established. The burden of establishing good cause shall be on the council member in question;

however, a council member may at any time during a duly held meeting move to establish good cause for

his or her absence or the absence of any other council member from a past, present or future meeting or

meetings, which motion, if carried, shall be conclusive. A council member whose qualifications are in

question or who is otherwise subject to forfeiture of his or her office shall not vote on such matters. The

council member in question shall be entitled to a public hearing on request regarding an alleged forfeiture

of office. If a public hearing is requested, notice of the hearing shall be published in one or more newspa-

pers of general circulation in the City at least 1 week before the hearing. A final determination by the coun-

cil that a council member has forfeited his or her office shall be made by resolution. All votes and other acts

City Charter (35)


of the council member in question before the effective date of such resolution shall be valid regardless of

the grounds of forfeiture.

(c) Suspension from office. A council member shall be suspended from office upon return

of an indictment or issuance of any information charging the council member with a crime that is punish-

able as a felony or with a crime arising out of his or her official duties which is punishable as a misdemeanor

of the first degree.

1. During a period of suspension, a council member shall not perform an official

act, duty or function or receive any pay, allowance, emolument or privilege of office.

2. If the council member is subsequently found not guilty of the charge, or if the

charge is otherwise dismissed, reduced or altered in such manner that suspension would no longer be re-

quired as provided in this section, the suspension shall be lifted and the council member shall be entitled

to receive full back pay and such other emoluments or allowances as he or she would have been entitled to

had the suspension not occurred.

(d) Filing of vacancies.

1. If a vacancy occurs in the office of a council member and the remainder

of the unexpired term is less than 1 year and 81 days, the remaining council members shall, within 30 days

after the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy for the remain-

der of the unexpired term.

2. If a vacancy occurs in the office of a council member and the remainder of

the unexpired term is equal to or exceeds 1 year and 81 days, the remaining council members shall, within

30 days after the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy until the

next regularly scheduled city election, at which time an election shall be held to fill the vacancy.

3. If a vacancy occurs in the office of mayor and fewer than 120 days remain

in the term of the council member who was elected mayor, the vice mayor shall serve as mayor until a new

mayor is elected by the council and assumes the duties of his or her office. If a vacancy occurs in the office

City Charter (36)


of mayor and 120 days or more remain in the term of the mayor, the vice mayor shall serve as mayor until

a new council member is elected and the council elects a new mayor and vice mayor as provided by this

charter.

4. A person appointed to fill a vacancy on the council shall be required to

meet the qualifications of the seat to which he or she is appointed.

5. Notwithstanding the quorum requirements established in section 5, if at

any time the full membership of the council is reduced to less than a quorum, the remaining members may,

by majority vote, appoint additional members to the extent otherwise permitted or required under this

subsection.

6. In the event that all of the council members are removed by death, disabil-

ity, recall, forfeiture of office or resignation, the Governor shall appoint interim council members who shall

call a special election at least 30 days, but no more than 60 days, after such appointment. Such election shall

be held in the same manner as the initial elections under this charter. However, if there are fewer than 6

months remaining in any unexpired terms, the interim council appointed by the Governor shall serve out

the unexpired terms. Appointees must meet all requirements for candidates as provided in this charter.

(e) Compensation and expenses.

1. City council members shall be entitled to receive reimbursement

in accordance with general law for authorized travel and per diem expenses incurred in the performance

of their official duties if such policy is approved by the City council as an ordinance.

2. The City council, by at least four affirmative votes, may elect to

provide for compensation and any increase in such compensation by ordinance. However, no such ordi-

nance increasing compensation shall take effect until the date of commencement of the terms of council

members elected at the next regular election after the adoption of such ordinance.

Section 4. Administrative.

City Charter (37)


(1) DESIGNATION OF CHARTER OFFICERS. The City manager and the City attorney are des-

ignated as charter officers, except that the office of city manager may be contracted to a management firm

and the office of city attorney may be contracted to an attorney or law firm.

(2) APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF VACANCIES.

(a) The charter officers shall be appointed by a majority vote of the full council and shall

serve at the pleasure of the council.

(b) The charter officers shall be removed from office only by a super majority vote of the full

council. Upon demand by a charter officer, a public hearing shall be held before such removal.

(c) The compensation of the charter officers shall be fixed by the City council through the

approval of an acceptable employment contract.

(d) The City council shall begin the process to fill a vacancy in a charter office within 90

days after the vacancy. An acting city manager or an acting city attorney may be appointed by the council

during a vacancy in such charter office.

(e) A charter officer shall not be a member of the City council or a candidate for city council

while holding a charter officer position.

(3) CITY MANAGER. The City manager shall be the chief administrative officer of the City. The

City manager may also serve as the City clerk.

(a) The City council shall appoint a city manager, which may include the appointment of a

management firm, who shall be the administrative head of the municipal government under the direction

and supervision of the City council. The City manager shall hold office at the pleasure of the City council.

The City manager shall be appointed by resolution approving an employment contract between the City

and the City manager. The City manager shall receive such compensation as determined by the City coun-

cil through the adoption of an appropriate resolution.

City Charter (38)


(b) During the absence or disability of the City manager, the City council may by resolution

designate a properly qualified person to temporarily execute the functions of the City manager. The person

thus designated shall have the same powers and duties as the City manager and shall be known while serv-

ing as acting city manager. The City manager or acting city manager may be removed by the City council

at any time.

(c) As the chief administrative officer, the City manager shall:

1. Direct and supervise the administration of all departments, offices and agencies

of the City, except the office of the City attorney, and except as otherwise provided by this charter or by law.

2. Appoint, suspend or remove an employee of the City or appointive administra-

tive officer provided for, by or under this charter, except the office of the City attorney, and except as may

otherwise be provided by law, this charter, or personnel rules adopted pursuant to this charter. The City

manager may authorize an administrative officer who is subject to his or her direction and supervision to

exercise these powers with respect to subordinates in that officer’s department, office or agency.

3. Ensure that all laws, provisions of this charter and acts of council are faithfully

executed.

4. Prepare and submit the annual budget and capital improvement plan to the coun-

cil in the form prescribed by ordinance. The council shall consider the recommended budget and accept

or modify the proposed budget. The City manager shall be responsible for implementing the budget as

approved by the council.

5. Attend meetings of the City council.

6. Draw and sign vouchers upon depositories as provided by ordinance and keep, or

cause to be kept, a true and accurate account of same.

7. Sign all licenses issued by the City, issue receipts for all moneys paid to the City,

and deposit such moneys in the proper depositories on the first banking day after receipt. The City man-

City Charter (39)


ager may delegate the responsibilities of this subparagraph to an appropriate city employee who shall be

bonded.

8. Provide administrative services in support of the official duties of the mayor and

the council.

9. Keep the council advised as to the financial condition and future needs of the City

and make recommendations to the council concerning the affairs of the City.

10. Submit to the council, and make available to the public, a complete report on

finances and administrative activities of the City as of the end of each fiscal year.

11. Sign contracts on behalf of the City to the extent authorized by ordinance.

12. Perform such other duties as are specified in this charter or as may be required

by the council.

(4) CITY ATTORNEY.

(a) The City attorney shall be employed under terms and conditions deemed advisable by

the City council, which may include the appointment of a law firm.

(b) The City attorney shall be a member in good standing with the Florida Bar, have been

admitted to practice in the state for at least 5 years, and have at least 2 years’ experience in the practice of

local government or administrative law.

(c) The City attorney has sole discretion to appoint, promote, suspend, demote, remove or

terminate deputy and assistant city attorneys, subject to the City’s annual budget.

(d) The City attorney shall perform the following functions in addition to other functions

as designated by the City council:

City Charter (40)


1. Serve as chief legal advisor to the council, the charter officers and all city depart-

ments, offices and agencies.

2. Attend all regular and special city council meetings, unless excused by the City

council, and perform such professional duties as may be required by general law or by the council in fur-

therance of the law.

3. Approve all contracts, bonds and other instruments in which the City is con-

cerned and endorse on each his or her approval of the form and correctness thereof. No contract with the

City shall take effect until his or her approval is endorsed on the contract.

4. When requested to do so by the council, prosecute and defend on behalf of the

City all complaints, suits and controversies in which the City is a party.

5. Perform such other professional duties as required of him or her by resolution

of the council or as prescribed for municipal attorneys in general law which are not inconsistent with this

charter.

6. Prepare an annual budget for the operation of the office of the City attorney and

submit this budget to the City manager for inclusion in the annual city budget, in accordance with uniform

city procedures.

(5) CITY CLERK. The City manager may appoint a city clerk or management firm to serve as city

clerk (the “clerk”) or may assume the role of city clerk. The clerk shall give notice of council meetings to its

members and the public, keep minutes of its proceedings and perform such other duties as the council or

city manager may prescribe from time to time. The clerk shall report to the City manager or the council, as

directed by the council.

(6) EXPENDITURE OF CITY FUNDS. No city funds shall be expended except pursuant to duly

approved appropriations or for the payment of bonds, notes or other indebtedness duly authorized by the

council and only from such funds so authorized.

City Charter (41)


(7) CITY BOARDS AND AGENCIES. Except as otherwise provided by law, the council may es-

tablish or terminate such boards and agencies as it may deem advisable from time to time. The boards and

agencies shall report to the council. Members of boards and agencies shall be appointed by the council by

resolution. The council shall appoint at least three members to any board or agency it creates.

Section 5. Legislative.

(1) REGULAR MEETINGS. The council shall conduct regular meetings at such times and places

as the council shall prescribe by resolution. Such meetings shall be public meetings within the meaning of

state law and shall be subject to notice and other requirements of law applicable to public meetings.

(2) SPECIAL MEETINGS. Special meetings may be held at the call of the mayor or, in his or her

absence, at the call of the vice mayor. Special meetings may also be called upon the request of a majority of

the council members. Unless the meeting is of an emergency nature, the person or persons calling such a

meeting shall provide at least 72 hours’ notice of the meeting to the public.

(3) COMMENCEMENT. All meetings shall be scheduled to commence no earlier than 7 a.m. and

no later than 10 p.m.

(4) RULES; ORDER OF BUSINESS. The council shall determine its own rules and order of busi-

ness.

(5) QUORUM. A majority of the full council shall constitute a quorum.

(6) VALIDITY OF ACTION. No action of the council shall be valid unless adopted by an affirma-

tive vote of the majority of the full council, unless otherwise provided by law.

(7) LEGISLATIVE POWERS. Except as otherwise prescribed by this charter or as provided by law,

the legislative powers of the City shall be vested in the council. The council shall provide for the exercise of

its powers and for the performance of all duties and obligations imposed on the City by law.

(8) DEPARTMENTS. The council may establish such other departments as it determines necessary

City Charter (42)


for the efficient administration and operation of the City. Such departments shall be established by ordi-

nance.

(9) CODE. The council may adopt any standard code of technical regulations by reference thereto

in an adopting ordinance and may amend the code in the adopting ordinance or later amendatory ordi-

nance. The procedures and requirements governing such an adopting ordinance shall be as prescribed for

ordinances generally, except that:

(a) Requirements regarding distributing and filing copies of the ordinance shall not be con-

strued to require distributing and filing copies of the adopted code of technical regulations.

(b) A copy of each adopted code of technical regulations, as well as a copy of the adopting

ordinance, shall be authenticated and recorded by the City clerk.

(10) EMERGENCY ORDINANCES.

(a) To meet a public emergency affecting life, health, property or the public peace, the coun-

cil may adopt, in the manner provided by general law, one or more emergency ordinances, but such or-

dinances may not enact or amend a land use plan or rezone private property; levy taxes; grant, renew or

extend any municipal franchises; set service or user charges for any municipal services; or authorize the

borrowing of money, except as provided under the emergency appropriations provisions of this charter,

if applicable. An emergency ordinance shall be introduced in the form and manner prescribed for ordi-

nances 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 the

emergency in clear and specific terms.

(b) Upon the affirmative vote of four council members, an emergency ordinance may be ad-

opted with or without amendment or rejected at the meeting at which it is introduced. After the emergency

ordinance is adopted, the ordinance shall be advertised and printed as prescribed for other ordinances.

(c) Emergency ordinances shall become effective upon adoption or at such other date as

may be specified in the ordinance.

City Charter (43)


(d) Every emergency ordinance, except emergency appropriation ordinances, shall auto-

matically be repealed as of the 61st day after its effective date, 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.

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.

(11) EMERGENCY APPROPRIATIONS. To meet a public emergency affecting life, health, prop-

erty or the public peace, the council, by resolution, may make emergency appropriations. To the extent

that there are no unappropriated revenues to meet such appropriation, the council may by such emergency

resolution authorize the issuance of emergency notes, which may be renewed from time to time, but the

emergency notes and renewals in any fiscal year shall be paid not later than the last day of the fiscal year

succeeding that in which the emergency appropriations were made.

(12) RECORDKEEPING. The council shall, in a properly indexed book kept for such purpose,

provide for the authentication and recording in full of all minutes of meetings and all ordinances and reso-

lutions adopted by the council, and the same shall at all times be a public record. The council shall further

maintain a current codification of all ordinances. Such codification shall be printed and shall be made

available for distribution to the public on a continuing basis. All ordinances or resolutions of the council

shall be signed by all council members and attested to by the City clerk.

(13) DUAL OFFICE HOLDING. No presently elected city official shall hold any compensated ap-

pointed office or be employed by the City while in office, nor shall any former council member be em-

ployed by the City until 1 year after leaving office.

(14) NONINTERFERENCE BY CITY COUNCIL. Except for the purposes of inquiry and infor-

mation, council members are expressly prohibited from interfering with the performance of the duties of

an employee of the City government who is under the direct or indirect supervision of the City manager

or city attorney. Such action shall be malfeasance within the meaning of Section 112.51, Florida Statues.

Recommendations for improvements in the City government shall come through the City manager, but

each member of the council shall be free to discuss or recommend improvements to the City manager, and

the council is free to direct the City manager to implement specific recommendations for improvement in

City Charter (44)


city government operations.

Section 6. Budget and appropriations.

(1) FISCAL YEAR. The City’s fiscal year shall begin on the first day of October and shall end on the

last day of September of the next calendar year, unless otherwise defined by general law. Such fiscal year

shall also constitute the annual budget and accounting year.

(2) BUDGET ADOPTION. The council shall adopt a budget in accordance with applicable general

law, after a minimum of two public hearings on the proposed budget. A resolution adopting the annual

budget shall constitute appropriation of the amounts specified therein as expenditures from funds indicat-

ed.

(3) EXPENDITURES. The budget shall not provide for expenditures in an amount greater than the

revenues budgeted.

(4) APPROPRIATIONS.

(a) If, during the fiscal year, revenues in excess of such revenues estimated in the budget are

available for appropriation, the council by resolution may make supplemental appropriations for the year

in an amount not to exceed such excess.

(b) If, at any time during the fiscal year, it appears probable to the City manager that the

revenues available will be insufficient to meet the amount appropriated, the City manager shall report to

the council without delay, indicating the estimated amount of the deficit, any remedial action taken and

recommendations as to any other steps that should be taken. The council shall then take such further

action as it deems necessary to prevent or minimize any deficit and, for that purpose, the council may be

resolution reduce one or more appropriations accordingly.

(c) No appropriation for debt service may be reduced or transferred, and no appropriation

may be reduced below any amount required by law to be appropriated, or by more than the unencumbered

balance thereof. Notwithstanding any other provision of law, the supplemental and emergency appropria-

City Charter (45)


tions and reduction or transfer of appropriations authorized by this section may be made effective imme-

diately upon adoption.

(5) BONDS; INDEBTEDNESS.

(a) Subject to the referendum requirements of the State Constitution, if applicable, the City

may from time to time borrow money and issue bonds or other obligations or evidence of indebtedness

(collectively, “bonds”) of any type or character for any of the purposes for which the City is now or here-

after authorized by law to borrow money, including to finance the cost of any capital or other project and

to refund any and all previous issues of bonds at or before maturity. Such bonds may be issued pursuant to

one or more resolutions adopted by a majority of the council.

(b) The City may assume all outstanding indebtedness related to facilities that it acquires

from other units of local government and be liable for payment of such indebtedness in accordance with

its terms.

(6) REVENUE BONDS. Revenue bonds may be issued by the City as authorized by law.

(7) ANNUAL AUDIT. The council shall provide for an independent annual financial audit of all

city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made

by a certified public accountant or a firm of such accountants who have no personal interest, directly or

indirectly, in the fiscal affairs of the City government or in any of its officers. Residency in the City shall not

be construed as a prohibited interest.

Section 7. Elections.

(1) ELECTORS. A person who is a resident of the City, who has qualified as an elector of this state,

and who registers in the manner prescribed by law shall be an elector of the City.

(2) NONPARTISAN ELECTIONS. All elections for the City council members shall be conducted

on a nonpartisan basis without any designation of political party affiliation.

City Charter (46)


(3) ELECTION DATES. An initial special election shall be held on _________, 20____, and after

the initial special election, regular elections shall be held on the second Tuesday in November of each

even-numbered election year, provided as follows:

(a) The initial special election held on _________, 20_____, shall fill all five seats. Council

members elected to seats 1, 3 and 5 shall initially serve the remainder of 2-year terms and council members

elected to seats 2 and 4 shall initially serve the remainder of 4-year terms.

(b) After the initial special election, seats 1, 3 and 5 shall next be filled in November 2016

and council members elected to those seats shall serve 4-year terms, and those seats shall be filled by elec-

tion every 4 years thereafter.

(c) Seats 2 and 4 shall be filled in November 2018 and council members elected to those

seats shall serve 4-year terms, and those seats shall be filled by election every 4 years thereafter.

(d) Such city elections shall be general city elections.

(4) ELECTIONS.In the event no candidate for an office receives a majority of the votes cast for such

office, the person receiving the largest number of votes cast shall be elected. In the event two candidates

receive an equal number of votes, a coin toss shall be used to break the tie and determine the winner.

(5) CITY CANVASSING BOARD. The City canvassing board shall be composed of those members

of the City council who are not candidates for reelection and the City clerk, who shall act as chair. At the

close of the polls of a city election, or as soon thereafter as practicable, the canvassing board shall meet at

a time and place designated by the chair and shall proceed to publicly canvass the vote as shown by the re-

turns then on file in the office of the City clerk, and then shall publicly canvass the absentee elector ballots.

The canvassing board shall prepare and sign a certificate containing the total number of votes cast for each

candidate or other measure voted upon. The certificate shall be placed on file with the City clerk.

(6) SPECIAL ELECTIONS. Special municipal elections, when required, shall be held in the same

manner as regular elections, except that the City council, by ordinance, shall fix the time for holding such

elections consistent with this charter and state law.

City Charter (47)


(7) GENERAL ELECTION.

(a) The ballot for the general election shall contain the names of all qualified candidates for

each respective council member seat and shall instruct electors to cast one vote for each council member

seat, with a maximum of one vote per candidate. The candidate for each council member seat receiving the

most votes shall be the duly elected council member for that designated council member seat.

(b) No election for a council member seat shall be required in an election if there is only one

duly qualified candidate for the council member seat.

(c) If more than one candidate for a designated council member seat receives an equal and

highest number of votes, the candidates for the office receiving the highest vote in the general election shall

determine the winner by coin toss.

(d) The candidate receiving the highest number of votes cast for the designated council

member seat in the runoff election shall be elected to the designated council member seat.

(e) The term of office of an elected official shall commence immediately after the election.

(f) All elected officers, before entering upon their duties, shall take and subscribe to the fol-

lowing oath of office: “I solemnly swear (or affirm) that I will support, protect and defend the Constitution

and Government of the United States and of the state, and the charter of the City of Compass Lake; that I

am duly qualified to hold office under the Constitution of the State and the charter of the City of Compass

Lake; and that I will well and faithfully perform the duties of council member upon which I am now about

to enter.”

(g) The election laws of the state shall apply to all elections.

(h) A member of the City council may be removed from office by the electors of the City

following the procedures for recall established by general law.

City Charter (48)


Section 8. General provisions.

(1) SEVERABILITY. If a section or part of a section of this charter is held invalid by a court of

competent jurisdiction, such holding shall not affect the remainder of this charter or the context in which

such section or part of a section so held invalid may appear, except to the extent that an entire section or

part of a section may be inseparably connected in meaning and effect with the section or part of a section

to which such holding shall directly apply.

(2) CITY PERSONNEL SYSTEM. All new employments, appointments and promotions of city of-

ficers and employees shall be made pursuant to personnel procedures to be established by the City manager

from time to time.

(3) CHARITABLE CONTRIBUTIONS. The City shall not make a charitable contribution to a per-

son or entity unless authorized by the council.

(4) VARIATION OF PRONOUNS. All pronouns and any variations thereof used in this charter

shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or

persons shall require and are not intended to describe, interpret, define or limit the scope, extent or intent

of this charter.

(5) CALENDAR DAY. For the purpose of this charter, a day shall mean a calendar day.

(6) CHARTER AMENDMENTS. This charter may be amended in accordance with the provisions

for charter amendments as specified in general law or as may otherwise be provided by general law. The

form, content and certification of a petition to amend shall be established by ordinance.

(7) INITIATION BY PETITION. The electors of the City may propose amendments to this charter

by petition to be submitted to the council to be placed before the electors, as provided by general law.

Section 9. Transition schedule.

(1) REFERENDUM. The Supervisor of Elections of Jackson County shall hold the referendum elec-

City Charter (49)


tion called for by this act on __________, 20____, at which time the following questions shall be placed

upon the ballot: “Shall the creation of the City of Compass Lake and its charter be approved?” _______

Yes _______ No For the purpose of compliance with general law, the City is created and established on

________, 20____, if approved at the _________, 20____, election and upon the filing of the election re-

sults with the Secretary of State in the manner prescribed by law.

(2) Until otherwise modified or replaced by this charter or the City commission, all codes, or-

dinances and resolutions of Jackson County in effect on the day of adoption of this charter shall, to the

extent applicable to the City, remain in force and effect as municipal codes, ordinances, resolutions and

assessments of the City. Until otherwise determined by the City commission, such codes, ordinances and

resolutions, including the special assessment known as the Compass Lake in the Hills Special Assessment,

shall be applied, interpreted and implemented by the City in a manner consistent with established policies

of Jackson County on the date of the adoption of this charter.

(3) INITIAL ELECTION OF COUNCIL MEMBERS; DATES.

(a) After the adoption of this charter, the Supervisor of Elections of Jackson County shall

call a special election to be held on __________, 20____. Candidates for the election shall qualify for seat

1, seat 2, seat 3, seat 4 and seat 5. The candidate receiving the highest number of votes for each seat shall

be elected. If more than one candidate for a designated council member seat receives an equal and highest

number of votes, the candidates receiving the highest votes shall determine the winner by coin toss.

(b) An individual who wishes to run for one of the five initial council seats on the council

shall qualify as a candidate with the Supervisor of Elections of Jackson County in accordance with the pro-

visions of this charter and general law.

(c) The Board of County Commissioners of Jackson County shall appoint a canvassing

board that shall certify the results of the election.

(d) Those candidates who are elected on _________, 20____, shall be sworn in and take

office at the initial city council meeting, which shall be held at 7 p.m. on September _____, 2015.

City Charter (50)


(4) CREATION AND ESTABLISHMENT OF The City. For the purpose of compliance with Sec-

tion 200.066, Florida Statutes, the City is created and established effective July 1, 2015.

(5) FIRST YEAR EXPENSES. The council, in order to provide moneys for the expenses and sup-

port of the City, shall have the power to borrow money necessary for the operation of city government until

such time as a budget is adopted and revenues are raised in accordance with the provisions of this charter.

(6) TRANSITIONAL ORDINANCES AND RESOLUTIONS. All applicable county ordinances and

resolutions currently in place at the time of passage of the referendum, unless specifically referenced in this

charter, shall remain in place unless and until rescinded by action of the City council, except that a county

ordinance, rule or regulation that is in conflict with an ordinance, rule or regulation of the City shall not be

effective to the extent of such conflict. Any existing Jackson County ordinances, rules and regulations as of

September 1, 2015, shall not be altered, changed, rescinded or added to, nor shall any variance be granted

thereto insofar as such action would affect the City without the approval of the City council.

(7) TEMPORARY EMERGENCY ORDINANCES. The City council may adopt ordinances and

resolutions required to effect the transition. Ordinances adopted within 60 days after the first council meet-

ing may be passed as emergency ordinances. These transitional ordinances, passed as emergency ordinanc-

es, shall be effective for no longer than 90 days after adoption and thereafter may be readopted, renewed or

otherwise continued only in the manner normally prescribed for ordinances.

(8) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULA-

TIONS.

(a) Until such time as the City adopts a comprehensive plan, the Jackson County Future

Land Use Map, the Jackson County Zoning Map and all other provisions applicable to the City, of the Com-

prehensive Plan and Land Development Regulations of Jackson County, as they exist on the day that the

City commences corporate existence, shall remain in effect as the City’s transitional comprehensive plan

and land development regulations.

(b) Upon this act becoming a law, no changes in the future land use map or the zoning

districts within the boundaries of the City shall be considered for alteration, amendment or other modifi-

City Charter (51)


cation in any way until such time as the City adopts appropriate procedures as referenced in this act.

(c) All powers and duties of the planning commission, zoning authority, any boards of

adjustment and the Board of County Commissioners of Jackson County, as set forth in these transitional

zoning and land use regulations, shall be vested in the City Council of Compass Lake until such time as the

City council delegates all or a portion thereof to another entity.

(d) Upon the passage of this act, no subsequent amendment of the comprehensive plan or

land development regulations enacted by the Board of County Commissioners of Jackson County shall be

deemed as an amendment of the City’s transitional comprehensive plan or land development regulations

or otherwise take effect within the City’s corporate limits, except in accordance with the requirements and

upon adoption of the procedures specified in this act.

(9) COMMUNICATIONS SERVICES TAX. Any communications services tax imposed under Sec-

tion 202.19, Florida Statutes, shall continue within the City boundaries during the period commencing

with the date of incorporation. Any revenues from the tax shall be shared by the County with the City in

proportion to the projected city population estimate of the Jackson County Planning Division compared

with the unincorporated population of Jackson County before the incorporation of the City of Compass

Lake.

(10) STATE-SHARED REVENUES. The City of Compass Lake shall be entitled to participate in

all shared revenue programs of the state available to municipalities effective July 1, 2015. The provisions of

Section 218.23(1), Florida Statutes, shall be waived for the purpose of eligibility to receive revenue-sharing

funds from the date of incorporation through December 31, 2019. Initial population estimates for calcu-

lating eligibility for shared revenues shall be determined by the University of Florida Bureau of Economic

and Business Research. If the bureau is unable to provide an appropriate population estimate, the Jackson

County Planning Division estimate shall be used. For the purposes of qualifying for municipal revenue

sharing, the following revenue sources shall be considered: municipal service taxing units, water control

district revenues, occupational license taxes, public utility service taxes, communications service tax and

franchise fees.

(11) GAS TAX REVENUES. Notwithstanding the requirements of Section 336.025, Florida Stat-

City Charter (52)


utes, the City shall be entitled to receive local option gas tax revenues beginning on __________, 20____.

These revenues shall be distributed in accordance with general law or by any interlocal agreement negoti-

ated with Jackson County.

(12) WAIVER. The provisions of Section 218.23(1), Florida Statutes, shall be waived for the pur-

pose of conducting audits and financial reporting through fiscal year 2015-2016.

Section 10. Continuation, merger and dissolution of existing districts and service providers.

(1) LAW ENFORCEMENT. Law enforcement services shall be provided by the Jackson County

Sheriff ’s Office until the City adopts an ordinance to the contrary.

Section 11. Waivers. The thresholds established by Section 165.061, Florida Statutes, for incorpora-tion have been met with the following exceptions:

(1) A waiver is granted to the provisions of Section 165.061(1)(b), Florida Statutes, relating to re-

quirements for a minimum population of 1,500.

(2) A waiver is granted to the provisions of Section 165.061(1)(c), Florida Statutes, relating to re-

quirements for a minimum average population density of 1.5 persons per acre.

Section 12. This act shall take effect upon approval by a majority of those qualified electors residing within the proposed corporate limits of the proposed City of Compass Lake as described in section 1 voting in a referendum election to be called by the Supervisor of Elections of Jackson County and to be held on ________, 20____, in accordance with the provisions relating to elections currently in force, except that subsection (1) of section 9 and this section shall take effect upon this act becoming a law.

City Charter (53)


APPENDIX B

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City Charter (71)


APPENDIX C

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