COMPASS LAKE IN THE HILLS PROPERTY OWNERS

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COMPASS LAKE IN THE HILLSPROPERTY OWNERS ASSOCIATION, INC.LAND USE ORDINANCE 84-7, 91-3 AND 97-04RULES AND REGULATIONSAMENDED AND RESTATED BY-LAWSAMENDED AND RESTATED ARTICLES OF INCORPORTATIONASSOCIATION OFFICE: 645 COMPASS LAKE DRALFORD, FLORIDA LAKE.COM

TABLE OF CONTENTSMSTU ORDINANCE.4LAND USE ORDINANCE.9AMENDED LAND USE ORDINANCE.13AMENDED AND RESTATED ARTICLES OF INCORPORATION.15AMENDED AND RESTATED BYLAWS.23RULES AND REGULATIONS.292

MSTU/Land Use Ordinance 84-7,91-3,97-043

ORDINANCE NO. 84-7AN ORDINANCE CREATING AND ESTABLISHING THE COMPASS LAKE IN THEHILLS MUNICIPAL SERVICES TAXING UNIT IN JACKSON COUNTY, FLORIDA;FIXING ITS BOUNDARIES; PROVIDING FOR INITIAL AND SUBSEQUENTBUDGET AND ASSESSMENT PROCEDURES; PROVIDING FOR THE EXISTENCEOF AND POWERS, FUNCTIONS AND DUTIES OF THE GOVERNING BODY;PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.WHEREAS, the economic progress and well-being of the people and the economy ofJackson County, Florida, depend in some measure on the proper use, development and saleof residential homesites in Jackson County; andWHEREAS, growth and economic prosperity in Jackson County should be balanced bysound fiscal planning principles designed to protect the environment, increase the County’stax base, and protect against unnecessary and wasteful governmental expense, whileencouraging private development; andWHEREAS, existing development, facilities and roadways in Compass Lake in the Hillsare currently and should continue being maintained for the special benefit of landownersin that subdivision; andWHEREAS, because of the increased cost and managerial expense in the maintenance ofthose facilities, landowners in Compass Lake in the Hills are threatened with the loss of asubstantial portion or all of those benefits within the foreseeable future; andWHEREAS, those facilities and special benefits inure to the special benefit of the ownersof lands within Compass Lake in the Hills, but not to the remainder of Jackson County, asa whole; andWHEREAS, the creation of municipal services taxing unit under the authority granted byFlorida Statutes Section 125.01(1)(q) provides a proper, constitutional vehicle and methodby which those special municipal services may continue to be borne by the individuallandowners of Compass Lake in the Hills, without visiting any portion of that burden onthe taxpayers of Jackson County, as a whole; andWHEREAS, the Board of County Commissioners further finds and declares that thepurposes of this ordinance cannot be realized except through a special taxing unit having thepowers hereinafter provided and that the operation of the Unit and its facilities and servicesand the exercise by the Board of County Commissioners, as the governing body of theUnit, of the powers and authorities provided for herein are necessary for the convenience,comfort, and welfare of specifically the landowners of Compass Lake in the Hills and willbenefit all persons, properties and enterprises within Jackson County and will constitute avalid public purpose;NOW THEREFORE, be it ordained by the Board of County Commissioners of JacksonCounty, Florida as follows:SECTION l. Establishment. Pursuant to the authority granted in Section 125.01(1)(q),Florida Statues, there is hereby created and established a municipal services taxing unit,to be known as the Compass Lake in the Hills Municipal Services Taxing Unit (referred toherein as the Unit). The lands to be included within its boundaries are described in ExhibitA, a copy of which is attached hereto and made a part hereof as if fully set out herein.SECTION 2. Purpose. The purpose of the Unit shall be to provide to the lands containedtherein recreation services and facilities, law enforcement, road maintenance, and suchother municipal services permitted under this Ordinance and Chapter 125, Florida Statutes,4

as may, in the future, be deemed appropriate by the Board of County Commissioners ofJackson County, acting as the governing body of the Unit.SECTION 3. Governing Body. Pursuant to the provisions of Florida Statutes Section125.01(2), the Board of County Commissioners of Jackson County, Florida, shall be thegoverning body of the Unit, and shall be referred to hereinafter as the Board.SECTION 4. Powers. The Unit, through the Board, shall have all express and impliedpowers permitted by law for the government, management and operation of the Unit,including, but not limited to, the power: to levy and collect ad valorem taxes, specialassessments, and service charges on real and tangible personal property; to issue bonds,revenue certificates, and other obligations of indebtedness, which power shall be exercisedin such manner and subject to such limitations as are provided by general law; to provide forfire protection, law enforcement, recreation service and facilities, water, streets, sidewalks,street lighting, garbage and trash collection and disposal, waste and sewage collection anddisposal, drainage, transportation, and other essential facilities and municipal servicesto landowners and residents of the Unit; and to enter into appropriate contracts for theexercise of these powers. The Unit, through the Board, shall have the specific authority tohire and to employ such attorneys, accountants, engineers, or other employees, firms, orcorporations as shall be necessary, in the discretion of the Board, to carry out the purposesfor which the Unit was created. The Unit, through the Board, shall also be authorized tocontract for the providing of services, material, labor, goods or other necessities directlywith the Board of County Commissioners of Jackson County, Florida, with the governingbody of any municipality or governmental subdivision, with the State of Florida or any ofits departments or agencies, or with any private person, firm, or for-profit or not-for-profitcorporation.SECTION 5. Special Assessments; Rate of Assessment. For the purpose of levyingspecial assessments against the property in the Unit, it is conclusively determined anddeclared that a special benefit is conferred on each lot and subdivided parcel which isappraised by the Jackson County Property Appraiser for ad valorem taxation purposesin excess of 1,000.00. Said special benefit, which is a valuable appurtenance to lots andsubdivided parcels appraised in excess of 1,000.00, shall be deemed to accrue equally toeach of said lots and subdivided parcels and, accordingly, the rate of assessment for eachof said lots and subdivided parcels shall be equal. Lots and subdivided parcels with anappraised value of 1,000.00 or less shall be conclusively deemed to receive no benefitand no special assessment shall be levied against said lots and subdivided parcels. No lotor subdivided parcel shall be subject to any special assessment for any given tax year inexcess of 150.00.SECTION 6. Ad Valorem Taxes. An ad valorem tax of not more than ten (10) mills maybe levied and collected on all taxable real and tangible personal property within the Unit,for the providing of services, facilities and benefits as specified above. For the purposeof levy by the Unit of ad valorem taxes against property in the Unit, it is conclusivelydetermined and declared that the inclusion in the Unit of the property described in ExhibitA hereto confers a special benefit on such property which is different in type and degreefrom benefits provided in the County as a whole.SECTION 7. Method of Levy and Collection. All ad valorem taxes and special assessmentsof the Unit shall be levied and collected in the manner provided by law for the levy andcollection of county ad valorem taxes and county and municipal special assessments. Allspecial assessments and taxes of the Unit shall constitute a lien, as of January 1 of each taxyear (commencing January 1, 1984), of equal dignity with the lien for county taxes, uponall the real and personal property against which such special assessments and taxes shallbe levied. All of the provisions of Florida law relating to the sale of lands for unpaid anddelinquent county taxes, the issuance, sale and delivery of tax certificates for such unpaidand delinquent county taxes, the redemption thereof, the issuance to individuals of tax5

deeds thereon and all other procedures in connection therewith shall be applicable to theUnit to the same extent as if the said provisions therefor were expressly set forth herein.All special assessments and taxes shall be subject to the same discounts as county taxes.SECTION 8. Fiscal Year. The Unit shall begin its fiscal year on October 1, and shall endit on September 30, of each year hereafter, in accordance with Section 218.33, FloridaStatutes (1983); PROVIDED, that the initial fiscal period for the Unit shall be the elevenmonth period from November 1, 1984, through September 30, 1985. Any excess fundsfrom any prior fiscal year shall be carried over into the subsequent budget year, as generallyprovided by law, and shall not be returned directly to property owners.SECTION 9. Budget. A proposed annual budget for each fiscal year after the initial fiscalyear shall be prepared by the Board (subject to input from the Compass Lake in the HillsProperty Owners Association, Inc., a Florida not-for-profit corporation, or some otherassociation comprised of owners and residents of the properties described in Exhibit A,which owners’ association shall be democratic and representative in nature, and which shallbe managed by a Board of Directors elected by the property owners on a one lot one votebasis with the respective vote accruing to the owner of record of any lot not under recordedor unrecorded contract for sale, and to the purchaser of any lot under any unrecorded orrecorded contract for sale which has not been canceled in writing by the seller by reason ofdefault), which proposed budget shall outline in detail the specific services and budgetedcosts therefor to be expended by the Board on behalf of the Unit. The proposed budgetshall be prepared and made available for inspection and/or copying in the Board’s office inMarianna, Florida, by July 1 of each year. Any input of information or request for servicesor expenditures from the property owners’ and residents’ association shall be made, inwriting, to the Board on or before June 1 of each year. On the fourth Tuesday of July of eachyear, at 5 ;00 p.m. Central Time, in the regular meeting room of the Board in the countyadministration building, or any successor location, the Board shall hold a public hearing toconsider the proposed budget, giving appropriate weight and consideration to the writtensubmissions of the property owners’ and residents’ association. The Board shall, at thatmeeting, or at any recommencement thereof after adjournment, pass its resolution adoptinga budget and assessing such ad valorem taxes, special assessments, or service charges, orany combination thereof, as shall be necessary in the discretion of the Board to producesufficient revenues to provide the services and make the expenditures provided for in thebudget; provided, that the Board shall pass its resolution adopting a budget and assessingtaxes, assessments, or service charges on or before July 31 of each year. Upon passingsuch resolution, the Board shall certify to the Jackson County Tax Collector the ad valoremtaxes and/or special assessments to be levied on each lot or subdivided parcel within theUnit for that tax year. od.SECTION 10. Exclusivity of Revenues, Facilities and Expenditures. All revenues,proceeds, income and assets of the Unit or created by any assessment or levy authorizedherein shall be used exclusively for the operation, administration and benefit of the Unit andfor no other purpose whatsoever. The recreation facilities of the Unit shall be maintainedfor the exclusive use and benefit of taxpaying property owners of lands and of residentswithin the Unit, and of their guests. No funds generated by the general ad valorem taxationor special assessment against the lands or properties lying within Jackson County outsideof the Unit shall be used for the support of the specific services, facilities, or functionsprovided for in the budget and/or activities of the Unit, as ultimately determined by theBoard. Provided that the requirements of this paragraph are complied with, the acceptanceby property owners and residents of the Unit of any benefits and services budgeted,contracted for, paid for, or otherwise directly or indirectly supplied by the Board, acting onbehalf of the Unit, shall create a presumption that the said benefits, services, or facilitiesare in addition to those normally provided to the property owners and residents by theCounty, and for the special benefit, convenience and welfare of the owners of lands andresidents in the Unit. Contracts, agreements, or commitments of any kind entered into bythe Board on behalf of the Unit or in the providing of any service, facility, or item referred6

to or funded in the Unit’s budget shall be conclusively deemed to be the responsibility anda liability of the Unit and not a debt, responsibility or liability of the Board or of JacksonCounty. No claim or debt against the Unit shall constitute any claim against any property,revenues, or rights of the Board of County Commissioners of Jackson County, as an entityor individually, or against Jackson County. The Unit shall indemnify and hold harmless,and shall pay the cost of defense of, the Board, any of its members or employees and ofJackson County as to any liability of the Board, any of its members or employees, or ofJackson County arising out of any matter pertaining to the Unit or to the exercise of anypowers or authority contained herein.SECTION 11. Severability. If any section, clause, sentence or provision hereof, or theapplication of such section, clause, sentence or provision to any person or bodies orunder any circumstances, shall be held to be inoperative, invalid or unconstitutional, theinvalidity of such section, clause, sentence or provision shall not be deemed, held or takento affect any other section, clause, sentence or provision hereof, or the application of anyof the provisions hereof to persons, bodies, or in circumstances other than those as towhich it or any part thereof shall have been inoperative, invalid, or unconstitutional; andit is intended that this Ordinance shall be construed and applied as if any section, clause,sentence or provision held inoperative, invalid, or unconstitutional had not been includedin this Ordinance.SECTION 12. Liberal Construction. The provisions hereof shall be liberally construed toeffect its purposes and shall be deemed cumulative, supplemental and alternative authorityfor the exercise of the powers provided herein.SECTION 13. Effective Date. This Ordinance and any resolutions or action of theBoard pursuant to the authorities granted herein shall take effect immediately upon thisOrdinance’s becoming law.APPROVED AND ADOPTED in special session this October 23, 1984, after due motionand second, upon a vote of 5 to 0, by the Board of County Commissioners of JacksonCounty, Florida:BOARD OF COUNTY COMMISSIONERSJACKSON COUNTY, FLORIDA By:(Signed) Alva MercerHON. ALVA MERCER, ChairmanATTEST;(Signed) Daun CrewsClerk7

ORDINANCE NO. 84-7EXHIBIT “A”COMPASS LAKE HILLS UNIT ONE, according to the Plat thereof as recorded in PlatBook 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 Platthereof, as recorded in Plat Book A-4, Pages 111A through 115A inclusive, of the publicrecords of Jackson County, Florida.COMPASS LAKE HILLS UNIT THREE, according to the Plat thereof, as recorded in PlatBook 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 PlatBook A, Pages 124 through 129 inclusive, of the public records of Jackson County, Florida.COMPASS LAKE HILLS UNIT FIVE, according to the Plat thereof, as recorded in PlatBook 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 PlatBook A-4, Pages 141 through 150 inclusive, of the public records of Jackson County,Florida.COMPASS LAKE HILLS UNIT 3-A, according to the Plat thereof, as recorded in PlantBook A-4, Page 156-A, of the public records of Jackson County, Florida.COMPASS LAKE HILLS UNIT 3-B, according to the Plat thereof, as recorded in PlatBook 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 PlatBook 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 PlatBook A-4, Page 159-A, of the public records of Jackson County, Florida.8

ORDINANCE NO.91-3AN ORDINANCE ESTABLISHING INTERIM LAND USE REGULATIONS FORTHE COMPASS LAKE IN THE HILLS MUNICIPAL SERVICES TAXING UNIT;PROVIDING FOR DEFINITIONS; PROVIDING FOR DESIGN STANDARDS;PROVIDING FOR CONSTRUCTION STANDARDS; PROHIBITING THE KEEPINGOF CERTAIN ANIMALS; PROVIDING FOR VARIANCES AND EXCEPTIONS;PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY,AND AN EFFECTIVE DATEWHEREAS, the properties located within the Compass Lake in the Hills MunicipalServices Taxing Unit have a particular and unique character as a result of their locationwithin the planned unit development known as Compass Lake in the Hills; andWHEREAS, the properties are already the subject of special ad valorem and assessmenttaxation, which special revenues provide for property benefits peculiar to lands lyingwithin the Unit; andWHEREAS, it is in the best interest of the property owners and residents of the Unit and ofthe residents of Jackson County, in general, that the values of properties within the Unit bemaintained by the enforcement of the regulations provided for herein;BE IT THEREFORE ORDAINED by the Board of County Commissioners of JacksonCounty, Florida, thatARTICLE 1: GENERAL PROVISIONS1.1 Title: This ordinance may be cited as the “Interim Land Use Regulations for theCompass Lake in the Hills Municipal Services Taxing Unit”1.2 Jurisdiction This ordinance shall apply to all home site parcels presently in the CompassLake in the Hills Municipal Services Taxing Unit (as described in Ordinance No 84-7), andas subsequently amended1.3 Purpose and Intent The purpose of this ordinance is to provide rules, regulations, andstandards for the orderly and progressive development, conservation, protection, and properuse of the land within the unit These regulations are intended to aid in the coordination ofland development; promote an economically stable and healthy community; and encouragethe establishment of adequate physical improvement1.4 Relationship to Comprehensive Plan. These regulations shall be constructed asconsistent with and supplemental to Jackson County’s Comprehensive Plan, as it may bein effect from time to time.ARTICLE II. DEFINITIONS2.0 General: For the purpose of these regulations, the following terms or words, wheneverused or referred to and used herein, shall have the following meaning.Shall: The word shall indicates an action which is mandatory.May: The word may indicates an action which is permissive.2.1 Building: Any structure built for the support, shelter or enclosure of persons, animals,chattel, orproperty of any kind.2.2 Dwelling: Any building, portion thereof, or other enclosed space or area used as orintended for use as a resident.9

2.3 Single Family Dwelling:

land use ordinance 84-7, 91-3 and 97-04 rules and regulations amended and restated by-laws amended and restated articles of incorportation association office: 645 compass lake dr alford, florida 32420

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