| 1 | A bill to be entitled |
| 2 | An act relating to Haines City Water Control District, |
| 3 | Polk County; codifying the district's charter pursuant to |
| 4 | section 189.429, Florida Statutes; providing legislative |
| 5 | intent; amending, codifying, repealing, and reenacting all |
| 6 | special acts relating to Haines City Water Control |
| 7 | District as a single act; repealing chapters 13649 (1929) |
| 8 | 14517 (1929), Laws of Florida, relating to the Haines City |
| 9 | Water Control District; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 14 | this act constitutes the codification of all special acts |
| 15 | relating to Haines City Water Control District. It is the intent |
| 16 | of the Legislature in enacting this act to provide a single, |
| 17 | comprehensive special act charter for the district, including |
| 18 | all current legislative authority granted to the district by its |
| 19 | several legislative enactments and any additional authority |
| 20 | granted by this act. It is the further intent the Legislature |
| 21 | that this act preserve all district authority in addition to any |
| 22 | authority contained in chapter 298, Florida Statutes, as amended |
| 23 | from time to time. |
| 24 | Section 2. Chapters 13649 (1929) and 14517 (1929), Laws of |
| 25 | Florida, are amended, codified, reenacted, and repealed as |
| 26 | herein provided. |
| 27 | Section 3. The Haines City Water Control District is re- |
| 28 | created and the charter for the district is re-created and |
| 29 | reenacted to read: |
| 30 | Section 1. For the purposes of comprehensive water |
| 31 | management and control and developing the lands hereinafter |
| 32 | described; managing said lands and water by means of the |
| 33 | construction and maintenance of canals, ditches, levees, dikes, |
| 34 | pumping plants, and other water control works and improvements; |
| 35 | making the lands within said district available and habitable |
| 36 | for settlement and agriculture, and for the public convenience, |
| 37 | welfare, utility, and benefit; and for the other purposes stated |
| 38 | in this act and chapter 298, Florida Statutes, a water control |
| 39 | district is hereby created and established in Polk County, |
| 40 | Florida, to be known as the Haines City Water Control District. |
| 41 | Section 2. (1) The territorial boundaries of the district |
| 42 | shall be as follows, to wit: |
| 43 | Starting at the SE corner of Section 6, Township 28, |
| 44 | Range 27, Drainage District boundary, known |
| 45 | hereinafter as "line"; run north 1/4 mile, run east |
| 46 | 1/4 mile, north approximately ? mile to Winter Haven- |
| 47 | Haines City hard road, run northeasterly along hard |
| 48 | road to ? mile line of Section 5, Township 28, Range |
| 49 | 27, run north approximately 1/8 mile to 1/4 corner |
| 50 | north boundary Section 5, Township 28, Range 27, run |
| 51 | east approximately 200 to 300 feet to the SE corner of |
| 52 | SW1/4 of SW1/4 Section 32, Township 27, Range 27, run |
| 53 | north 1/4 mile, run east 1/4 mile, run north |
| 54 | approximately 1/8 mile to hard surfaced road; thence |
| 55 | run along hard surfaced road southeasterly to SW |
| 56 | corner Lot 20 Alta Vista Add. (Addition to Haines |
| 57 | City), east to SE corner Lot 15 Alta Vista Addition, |
| 58 | south to south boundary Alta Vista Addition, thence |
| 59 | run east on south boundary of Alta Vista. Add. To SE |
| 60 | corner same addition, thence north along hard surfaced |
| 61 | road approximately 3/4 mile to northeast corner |
| 62 | Section 32, Township 27, Range 27, thence westerly |
| 63 | approximately 350 feet to SE corner Lot 9, Block 80 |
| 64 | (original plat Haines City), thence north 100 feet to |
| 65 | NE corner Lot 8, Block 80, thence westerly to SE |
| 66 | corner Block 61, thence north on east side Block 61 to |
| 67 | NE corner, thence west to NE corner Lot 1, Block 61, |
| 68 | thence north to NE corner Lot 8, Block 62, thence west |
| 69 | to NW corner Lot 8, Block 59, thence north to NW |
| 70 | corner Lot 7, Block 59, thence west to SE corner Lot |
| 71 | 8, Block 42 west to SW corner same lot, north to NE |
| 72 | corner Lot 5, Block 42, west to NW corner Lot 5, Block |
| 73 | 42, north on west side Block 42 to NW corner, thence |
| 74 | west to NE corner, Block 24, south to SE corner Lot 9, |
| 75 | Block 24, west to NW corner Lot 8, Block 24, south NE |
| 76 | corner, Lot 5, west to NW corner, Lot 5, south to SW |
| 77 | corner, Block 24, west to northeast corner of Lot 12, |
| 78 | Block "A" and west to NW corner, Lot 8, Block "A", |
| 79 | west to NW corner Block 2B, south to NE corner Block 2 |
| 80 | (Lake Park Add. John L. Moore's property) in SE1/4 of |
| 81 | SW1/4 Section 29, Township 27, Range 27, thence west |
| 82 | to hard surfaced road (Dixie Highway) thence south |
| 83 | along hard surfaced road to SE corner Lot 5, |
| 84 | Knowlton's Add. To Haines City, thence west to SW |
| 85 | corner, same lot, thence north approximately 5/8 mile |
| 86 | to NE corner SW1/4 of SW1/4 Section 29, Township 27, |
| 87 | Range 27, run north approximately 1/4 mile to center |
| 88 | line to Atlantic Coast Line Rail Road Company's main |
| 89 | line, thence follow line of main line in easterly and |
| 90 | northerly direction to Palmetto Street, thence |
| 91 | westerly on north edge of said street to southwest |
| 92 | corner of Lot 3, Block E, thence northerly to |
| 93 | northwest corner Lot 4, Block E, thence across Cedar |
| 94 | Street to Ash Street, northwest corner of Lot 4, Block |
| 95 | F, thence along Ash Street to southeast corner of Lot |
| 96 | 2, Block G, thence to Northwest corner Lot 4, Block G, |
| 97 | thence along Vine Street to southeast corner of Lot |
| 98 | 10, thence northerly to SE corner Block 34, thence |
| 99 | north on 5th Street to NE corner Lot 13. Block 34, |
| 100 | thence west to 4th Street, thence to NE corner, Block |
| 101 | 31, thence along Haines Avenue to the ? Section line |
| 102 | of Section 29, (Polk City Road), thence north 3/4 mile |
| 103 | to the NE corner SE1/4 of NW1/4 Section 20, thence |
| 104 | west ? mile to west boundary Section 20, thence south |
| 105 | 1/8 mile, thence west ? mile. Thence south on center |
| 106 | line of Section 19 and Section 30 to A.C.L. right-of- |
| 107 | way, thence southeast along north boundary of said |
| 108 | right-of-way to a point north of the NE corner of Lot |
| 109 | 1, Block 2, Pinehurst Sub-division, thence south |
| 110 | across R.R. right-of-way, and Lee-Jackson Highway to |
| 111 | northeast corner of said Lot 1, thence westerly 153.4 |
| 112 | feet to the NW corner Lot 1, Block 2, (same Sub.), |
| 113 | thence southerly 160 feet to Lake Street, thence |
| 114 | easterly along Lake Street to the east boundary |
| 115 | Pinehurst Sub. Thence south along east boundary to |
| 116 | Moss street, thence northwesterly along Moss Street to |
| 117 | Indiana Avenue, (NW cor. Block 5, Pinehurst Sub.), |
| 118 | thence west to NW corner Block 7, Lake Confusion |
| 119 | Height (subdivision), thence south to SW corner Block |
| 120 | 7, (same Sub.), thence west to west boundary of |
| 121 | Section 30, thence south to SW corner Section 30, |
| 122 | thence east 1/4 mile to NE corner of NW1/4 of NW1/4 |
| 123 | Section 31, thence south 1/4 mile, thence east 3/8 |
| 124 | mile, thence south ? mile, thence west 1/8 mile, |
| 125 | thence south 1/4 mile to south boundary Section 31, |
| 126 | Township 27, Range 27, thence jog west 200 to 300 feet |
| 127 | (approximately) to the NW corner of NE1/4 of NE1/4 |
| 128 | Section 6, Township 28, Range 27, thence south one |
| 129 | mile, thence east 1/4 mile to place of beginning |
| 130 | (2) It is hereby determined, declared, and enacted that |
| 131 | said lands in their present condition require comprehensive |
| 132 | water control and management for proper use and development, and |
| 133 | that water control for the purpose of irrigation, reclamation, |
| 134 | and flood protection of said lands and the creation of the |
| 135 | district with the power vested in it by this act and chapter |
| 136 | 298, Florida Statutes, as they may be amended from time to time, |
| 137 | is in the interest of and conducive to public welfare, health, |
| 138 | and convenience. |
| 139 | Section 3. The Board of Supervisors of the Haines City |
| 140 | Water Control District of Polk County is hereby authorized to |
| 141 | levy upon all the lands within said district against which |
| 142 | benefits have been assessed for the year 2004 and each year |
| 143 | thereafter, the annual installment of drainage taxes and |
| 144 | maintenance taxes as provided for under chapter 298, Florida |
| 145 | Statutes, and this act, and it shall certify for the year 2004 |
| 146 | and each year thereafter said annual installment of drainage |
| 147 | taxes and maintenance taxes in the name of its president and |
| 148 | secretary and under its corporate seal, to the Tax Assessor of |
| 149 | Polk County, the Board of County Commissioners of Polk County, |
| 150 | and the Chief Financial Officer, not later than the first |
| 151 | Monday in August. The certificate of said levy shall be |
| 152 | evidenced in substantially the following form: |
| 153 | STATE OF FLORIDA |
| 154 | COUNTY OF POLK |
| 155 | This is to certify that by virtue and authority of chapter 298, |
| 156 | Florida Statutes, and this act, the Board of Supervisors of |
| 157 | Haines City Water Control District has and does hereby levy the |
| 158 | sum of $(_____) as the annual installment of taxes for the year |
| 159 | (____) of the total tax levied under the provisions of chapter |
| 160 | 298, Florida Statutes, and this act, which said total tax has |
| 161 | heretofore been certified to the Clerk of the Circuit Court of |
| 162 | Polk County; the said board of supervisors, by and under |
| 163 | authority of chapter 298, Florida Statutes, and this act, has |
| 164 | levied also the sum of $(____) as maintenance tax for said year |
| 165 | as annual installment of tax and maintenance tax on the lands |
| 166 | within said district against which benefits have been assessed |
| 167 | as set out in the following table in which are: |
| 168 | 1. The name of the present owner of said lands or as they |
| 169 | appear in the records of the Polk County Property Appraiser. |
| 170 | 2. The description of said land opposite the name of said |
| 171 | owners. |
| 172 | 3. The amount of said annual installment of taxes levied |
| 173 | on each tract of land. $(______). |
| 174 | 4. The amount of said maintenance tax levied against the |
| 175 | same. |
| 176 | 5. The total amount of said tax so levied. |
| 177 | WITNESS the signature of the president of said board of |
| 178 | supervisors attested by the signature of the secretary of said |
| 179 | board and the seal of said district being affixed, this( _____) |
| 180 | day of( ________________ )A.D. 20( ). |
| 181 |
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| 182 | President of said board of supervisors of said district. |
| 183 | (Corporate Seal) |
| 184 |
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| 185 | Attest:(_____________________________________________ |
| 186 | )Secretary of said board of supervisors of |
| 187 | said district. |
| 188 | Section 4. (1) It shall be the duty of the Board of |
| 189 | County Commissioners of Polk County to order the tax assessor of |
| 190 | said county to assess and the tax collector of said county to |
| 191 | collect the amount of the annual installment and maintenance |
| 192 | taxes levied for the year 2004 and each subsequent year upon the |
| 193 | lands within said district as the same shall be certified to |
| 194 | said tax assessor by the Board of Supervisors of the Haines City |
| 195 | Water Control District as hereinbefore provided. |
| 196 | (2) It shall be the duty of the tax assessor of the county |
| 197 | to assess against each tract of land within said district |
| 198 | against which benefits have been assessed as the same is |
| 199 | certified to him or her each year, the taxes as levied and |
| 200 | certified by said board of supervisors as herein above provided |
| 201 | and to extend the total of said taxes upon the assessment roll |
| 202 | in columns for that purpose and said levy shall be included in |
| 203 | the warrant of said tax assessor attached to the assessment roll |
| 204 | of taxes for said Polk County for the year 2004 and each year |
| 205 | thereafter. |
| 206 | (3) It shall be the duty of the Tax Collector and/or the |
| 207 | Clerk of the Circuit Court of Polk County to collect such taxes |
| 208 | so levied and assessed in the same manner and at the same time |
| 209 | as state and county taxes are collected and they shall pay the |
| 210 | same to the treasurer of said district within the same time |
| 211 | prescribed for the payment over of state and county taxes. |
| 212 | Section 5. (1) All taxes levied and assessed as provided |
| 213 | herein shall be due and payable at the same time that state and |
| 214 | county taxes are due and payable, shall be delinquent at the |
| 215 | same time that state and county taxes become delinquent, and |
| 216 | shall thereafter bear 2 percent per month penalties until the |
| 217 | tax sale certificate is issued and interest at the rate of 10 |
| 218 | percent per annum thereafter. The payment of said taxes shall be |
| 219 | enforced by the Tax Collector of Polk County and/or the Clerk of |
| 220 | the Circuit Court of Polk County, in the same manner and at the |
| 221 | same time as state and county taxes are enforced against said |
| 222 | lands, provided that in case of sale of said land and the |
| 223 | issuance of a tax certificate the said land may be redeemed from |
| 224 | the Clerk of the Circuit Court of Polk County, at any time |
| 225 | within 1 year from the date thereof by the payment of taxes, |
| 226 | penalties, and interest as provided therein, and all costs. If |
| 227 | said land is not redeemed within 1 year after date of said tax |
| 228 | certificate, the clerk of the circuit court shall issue a tax |
| 229 | deed as is now provided for under the general tax law for the |
| 230 | issuance of tax deeds for state and county taxes. |
| 231 | (2) The Tax Assessor, Tax Collector, and Clerk of the |
| 232 | Circuit Court of Polk County shall have and receive the same |
| 233 | compensation for said assessment and collection of said taxes as |
| 234 | is now allowed by law for the assessment and collection of |
| 235 | special taxes which shall be allowed and paid out of the taxes |
| 236 | so collected. |
| 237 | Section 6. Nothing in this act shall be deemed or held to |
| 238 | in any manner impair the obligation of any contract heretofore |
| 239 | entered into by said district with any person, firm, or |
| 240 | corporation, and that any such person, firm or corporation shall |
| 241 | have the same rights and may proceed within the same time that |
| 242 | he or she, it, or they could have done prior to the passage of |
| 243 | this act. |
| 244 | Section 7. It is hereby declared to have been the |
| 245 | intention of the Legislature in enacting this act that same |
| 246 | shall be a cumulative and alternative remedy or procedure for |
| 247 | the assessment, collection and enforcement of the payment of |
| 248 | said taxes and shall in no way repeal any of the drainage laws |
| 249 | of the state now existing. |
| 250 | Section 8. The Haines City Water Control District hereby |
| 251 | created shall be an independent water control district and a |
| 252 | public corporation of this state. The provisions of state law |
| 253 | applicable to water control districts or subdistricts which are |
| 254 | embodied in chapter 298, Florida Statutes, as it may be amended |
| 255 | from time to time, so far as not inconsistent with this act, are |
| 256 | hereby declared to be applicable to the Haines City Water |
| 257 | Control District. The Haines City Water Control District shall |
| 258 | have all of the powers and authorities conferred in this act and |
| 259 | chapter 298, Florida Statutes, as they may be amended from time |
| 260 | to time. |
| 261 | Section 9. If any provision of this act or the application |
| 262 | thereof to any person or circumstance is held invalid, the |
| 263 | invalidity shall not affect other provisions or applications of |
| 264 | the act which can be given effect without the invalid provision |
| 265 | or application, and to this end the provisions of this act are |
| 266 | declared severable. |
| 267 | Section 10. This act shall be construed as a remedial act |
| 268 | and shall be liberally construed to promote the purpose for |
| 269 | which it is intended. |
| 270 | Section 4. Chapters 13649 (1929) and 14517 (1929), Laws of |
| 271 | Florida, are repealed. |
| 272 | Section 5. This act shall take effect upon becoming a law. |