HB 0465

1
A bill to be entitled
2An act relating to Haines City Water Control District,
3Polk County; codifying the district's charter pursuant to
4section 189.429, Florida Statutes; providing legislative
5intent; amending, codifying, repealing, and reenacting all
6special acts relating to Haines City Water Control
7District as a single act; repealing chapters 13649 (1929)
814517 (1929), Laws of Florida, relating to the Haines City
9Water Control District; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Pursuant to section 189.429, Florida Statutes,
14this act constitutes the codification of all special acts
15relating to Haines City Water Control District. It is the intent
16of the Legislature in enacting this act to provide a single,
17comprehensive special act charter for the district, including
18all current legislative authority granted to the district by its
19several legislative enactments and any additional authority
20granted by this act. It is the further intent the Legislature
21that this act preserve all district authority in addition to any
22authority contained in chapter 298, Florida Statutes, as amended
23from time to time.
24     Section 2.  Chapters 13649 (1929) and 14517 (1929), Laws of
25Florida, are amended, codified, reenacted, and repealed as
26herein provided.
27     Section 3.  The Haines City Water Control District is re-
28created and the charter for the district is re-created and
29reenacted to read:
30     Section 1.  For the purposes of comprehensive water
31management and control and developing the lands hereinafter
32described; managing said lands and water by means of the
33construction and maintenance of canals, ditches, levees, dikes,
34pumping plants, and other water control works and improvements;
35making the lands within said district available and habitable
36for settlement and agriculture, and for the public convenience,
37welfare, utility, and benefit; and for the other purposes stated
38in this act and chapter 298, Florida Statutes, a water control
39district is hereby created and established in Polk County,
40Florida, to be known as the Haines City Water Control District.
41     Section 2.  (1)  The territorial boundaries of the district
42shall be as follows, to wit:
43Starting at the SE corner of Section 6, Township 28,
44Range 27, Drainage District boundary, known
45hereinafter as "line"; run north 1/4 mile, run east
461/4 mile, north approximately ? mile to Winter Haven-
47Haines City hard road, run northeasterly along hard
48road to ? mile line of Section 5, Township 28, Range
4927, run north approximately 1/8 mile to 1/4 corner
50north boundary Section 5, Township 28, Range 27, run
51east approximately 200 to 300 feet to the SE corner of
52SW1/4 of SW1/4 Section 32, Township 27, Range 27, run
53north 1/4 mile, run east 1/4 mile, run north
54approximately 1/8 mile to hard surfaced road; thence
55run along hard surfaced road southeasterly to SW
56corner Lot 20 Alta Vista Add. (Addition to Haines
57City), east to SE corner Lot 15 Alta Vista Addition,
58south to south boundary Alta Vista Addition, thence
59run east on south boundary of Alta Vista. Add. To SE
60corner same addition, thence north along hard surfaced
61road approximately 3/4 mile to northeast corner
62Section 32, Township 27, Range 27, thence westerly
63approximately 350 feet to SE corner Lot 9, Block 80
64(original plat Haines City), thence north 100 feet to
65NE corner Lot 8, Block 80, thence westerly to SE
66corner Block 61, thence north on east side Block 61 to
67NE corner, thence west to NE corner Lot 1, Block 61,
68thence north to NE corner Lot 8, Block 62, thence west
69to NW corner Lot 8, Block 59, thence north to NW
70corner Lot 7, Block 59, thence west to SE corner Lot
718, Block 42 west to SW corner same lot, north to NE
72corner Lot 5, Block 42, west to NW corner Lot 5, Block
7342, north on west side Block 42 to NW corner, thence
74west to NE corner, Block 24, south to SE corner Lot 9,
75Block 24, west to NW corner Lot 8, Block 24, south NE
76corner, Lot 5, west to NW corner, Lot 5, south to SW
77corner, Block 24, west to northeast corner of Lot 12,
78Block "A" and west to NW corner, Lot 8, Block "A",
79west to NW corner Block 2B, south to NE corner Block 2
80(Lake Park Add. John L. Moore's property) in SE1/4 of
81SW1/4 Section 29, Township 27, Range 27, thence west
82to hard surfaced road (Dixie Highway) thence south
83along hard surfaced road to SE corner Lot 5,
84Knowlton's Add. To Haines City, thence west to SW
85corner, same lot, thence north approximately 5/8 mile
86to NE corner SW1/4 of SW1/4 Section 29, Township 27,
87Range 27, run north approximately 1/4 mile to center
88line to Atlantic Coast Line Rail Road Company's main
89line, thence follow line of main line in easterly and
90northerly direction to Palmetto Street, thence
91westerly on north edge of said street to southwest
92corner of Lot 3, Block E, thence northerly to
93northwest corner Lot 4, Block E, thence across Cedar
94Street to Ash Street, northwest corner of Lot 4, Block
95F, thence along Ash Street to southeast corner of Lot
962, Block G, thence to Northwest corner Lot 4, Block G,
97thence along Vine Street to southeast corner of Lot
9810, thence northerly to SE corner Block 34, thence
99north on 5th Street to NE corner Lot 13. Block 34,
100thence west to 4th Street, thence to NE corner, Block
10131, thence along Haines Avenue to the ? Section line
102of Section 29, (Polk City Road), thence north 3/4 mile
103to the NE corner SE1/4 of NW1/4 Section 20, thence
104west ? mile to west boundary Section 20, thence south
1051/8 mile, thence west ? mile. Thence south on center
106line of Section 19 and Section 30 to A.C.L. right-of-
107way, thence southeast along north boundary of said
108right-of-way to a point north of the NE corner of Lot
1091, Block 2, Pinehurst Sub-division, thence south
110across R.R. right-of-way, and Lee-Jackson Highway to
111northeast corner of said Lot 1, thence westerly 153.4
112feet to the NW corner Lot 1, Block 2, (same Sub.),
113thence southerly 160 feet to Lake Street, thence
114easterly along Lake Street to the east boundary
115Pinehurst Sub. Thence south along east boundary to
116Moss street, thence northwesterly along Moss Street to
117Indiana Avenue, (NW cor. Block 5, Pinehurst Sub.),
118thence west to NW corner Block 7, Lake Confusion
119Height (subdivision), thence south to SW corner Block
1207, (same Sub.), thence west to west boundary of
121Section 30, thence south to SW corner Section 30,
122thence east 1/4 mile to NE corner of NW1/4 of NW1/4
123Section 31, thence south 1/4 mile, thence east 3/8
124mile, thence south ? mile, thence west 1/8 mile,
125thence south 1/4 mile to south boundary Section 31,
126Township 27, Range 27, thence jog west 200 to 300 feet
127(approximately) to the NW corner of NE1/4 of NE1/4
128Section 6, Township 28, Range 27, thence south one
129mile, thence east 1/4 mile to place of beginning
130     (2)  It is hereby determined, declared, and enacted that
131said lands in their present condition require comprehensive
132water control and management for proper use and development, and
133that water control for the purpose of irrigation, reclamation,
134and flood protection of said lands and the creation of the
135district with the power vested in it by this act and chapter
136298, Florida Statutes, as they may be amended from time to time,
137is in the interest of and conducive to public welfare, health,
138and convenience.
139     Section 3.  The Board of Supervisors of the Haines City
140Water Control District of Polk County is hereby authorized to
141levy upon all the lands within said district against which
142benefits have been assessed for the year 2004 and each year
143thereafter, the annual installment of drainage taxes and
144maintenance taxes as provided for under chapter 298, Florida
145Statutes, and this act, and it shall certify for the year 2004
146and each year thereafter said annual installment of drainage
147taxes and maintenance taxes in the name of its president and
148secretary and under its corporate seal, to the Tax Assessor of
149Polk County, the Board of County Commissioners of Polk County,
150and the Chief Financial Officer, not later than the first
151Monday in August. The certificate of said levy shall be
152evidenced in substantially the following form:
153
STATE OF FLORIDA
154
COUNTY OF POLK
155This is to certify that by virtue and authority of chapter 298,
156Florida Statutes, and this act, the Board of Supervisors of
157Haines City Water Control District has and does hereby levy the
158sum of $(_____) as the annual installment of taxes for the year
159(____)  of the total tax levied under the provisions of chapter
160298, Florida Statutes, and this act, which said total tax has
161heretofore been certified to the Clerk of the Circuit Court of
162Polk County; the said board of supervisors, by and under
163authority of chapter 298, Florida Statutes, and this act, has
164levied also the sum of $(____) as maintenance tax for said year
165as annual installment of tax and maintenance tax on the lands
166within said district against which benefits have been assessed
167as set out in the following table in which are:
168     1.  The name of the present owner of said lands or as they
169appear in the records of the Polk County Property Appraiser.
170     2.  The description of said land opposite the name of said
171owners.
172     3.  The amount of said annual installment of taxes levied
173on each tract of land.  $(______).
174     4.  The amount of said maintenance tax levied against the
175same.
176     5.  The total amount of said tax so levied.
177     WITNESS the signature of the president of said board of
178supervisors attested by the signature of the secretary of said
179board and the seal of said district being affixed, this( _____)
180day of( ________________ )A.D. 20(   ).
181
182     President of said board of supervisors of said district.
183     (Corporate Seal)
184
185     Attest:(_____________________________________________
186                    )Secretary of said board of supervisors of
187said district.
188     Section 4.  (1)  It shall be the duty of the Board of
189County Commissioners of Polk County to order the tax assessor of
190said county to assess and the tax collector of said county to
191collect the amount of the annual installment and maintenance
192taxes levied for the year 2004 and each subsequent year upon the
193lands within said district as the same shall be certified to
194said tax assessor by the Board of Supervisors of the Haines City
195Water Control District as hereinbefore provided.
196     (2)  It shall be the duty of the tax assessor of the county
197to assess against each tract of land within said district
198against which benefits have been assessed as the same is
199certified to him or her each year, the taxes as levied and
200certified by said board of supervisors as herein above provided
201and to extend the total of said taxes upon the assessment roll
202in columns for that purpose and said levy shall be included in
203the warrant of said tax assessor attached to the assessment roll
204of taxes for said Polk County for the year 2004 and each year
205thereafter.
206     (3)  It shall be the duty of the Tax Collector and/or the
207Clerk of the Circuit Court of Polk County to collect such taxes
208so levied and assessed in the same manner and at the same time
209as state and county taxes are collected and they shall pay the
210same to the treasurer of said district within the same time
211prescribed for the payment over of state and county taxes.
212     Section 5.  (1)  All taxes levied and assessed as provided
213herein shall be due and payable at the same time that state and
214county taxes are due and payable, shall be delinquent at the
215same time that state and county taxes become delinquent, and
216shall thereafter bear 2 percent per month penalties until the
217tax sale certificate is issued and interest at the rate of 10
218percent per annum thereafter. The payment of said taxes shall be
219enforced by the Tax Collector of Polk County and/or the Clerk of
220the Circuit Court of Polk County, in the same manner and at the
221same time as state and county taxes are enforced against said
222lands, provided that in case of sale of said land and the
223issuance of a tax certificate the said land may be redeemed from
224the Clerk of the Circuit Court of Polk County, at any time
225within 1 year from the date thereof by the payment of taxes,
226penalties, and interest as provided therein, and all costs. If
227said land is not redeemed within 1 year after date of said tax
228certificate, the clerk of the circuit court shall issue a tax
229deed as is now provided for under the general tax law for the
230issuance of tax deeds for state and county taxes.
231     (2)  The Tax Assessor, Tax Collector, and Clerk of the
232Circuit Court of Polk County shall have and receive the same
233compensation for said assessment and collection of said taxes as
234is now allowed by law for the assessment and collection of
235special taxes which shall be allowed and paid out of the taxes
236so collected.
237     Section 6.  Nothing in this act shall be deemed or held to
238in any manner impair the obligation of any contract heretofore
239entered into by said district with any person, firm, or
240corporation, and that any such person, firm or corporation shall
241have the same rights and may proceed within the same time that
242he or she, it, or they could have done prior to the passage of
243this act.
244     Section 7.  It is hereby declared to have been the
245intention of the Legislature in enacting this act that same
246shall be a cumulative and alternative remedy or procedure for
247the assessment, collection and enforcement of the payment of
248said taxes and shall in no way repeal any of the drainage laws
249of the state now existing.
250     Section 8.  The Haines City Water Control District hereby
251created shall be an independent water control district and a
252public corporation of this state. The provisions of state law
253applicable to water control districts or subdistricts which are
254embodied in chapter 298, Florida Statutes, as it may be amended
255from time to time, so far as not inconsistent with this act, are
256hereby declared to be applicable to the Haines City Water
257Control District. The Haines City Water Control District shall
258have all of the powers and authorities conferred in this act and
259chapter 298, Florida Statutes, as they may be amended from time
260to time.
261     Section 9.  If any provision of this act or the application
262thereof to any person or circumstance is held invalid, the
263invalidity shall not affect other provisions or applications of
264the act which can be given effect without the invalid provision
265or application, and to this end the provisions of this act are
266declared severable.
267     Section 10.  This act shall be construed as a remedial act
268and shall be liberally construed to promote the purpose for
269which it is intended.
270     Section 4.  Chapters 13649 (1929) and 14517 (1929), Laws of
271Florida, are repealed.
272     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.