Boschen v. City of Clearwater

777 So. 2d 958, 26 Fla. L. Weekly Supp. 22, 2001 Fla. LEXIS 43, 2001 WL 40395
CourtSupreme Court of Florida
DecidedJanuary 18, 2001
DocketSC96874
StatusPublished
Cited by6 cases

This text of 777 So. 2d 958 (Boschen v. City of Clearwater) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boschen v. City of Clearwater, 777 So. 2d 958, 26 Fla. L. Weekly Supp. 22, 2001 Fla. LEXIS 43, 2001 WL 40395 (Fla. 2001).

Opinion

777 So.2d 958 (2001)

Suzanne M. BOSCHEN, Appellant,
v.
CITY OF CLEARWATER, etc., Appellee.

No. SC96874.

Supreme Court of Florida.

January 18, 2001.

*959 Patrick T. Maguire, Clearwater, FL, for Appellant.

Robert C. Reid, Randall W. hanna and Ken Guckenberger of Bryant, Miller and Olive, P.A., Tallahassee, FL; and Pamela K. Akin, City Attorney, Clearwater, FL, for Appellee.

QUINCE, J.

We have on appeal a decision of the trial court declaring a proposed bond issue valid. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. For the reasons expressed below, we hold that competent, substantial evidence supported the finding that the proposed project was in furtherance of public health and safety and affirm the bond validation judgment.

BACKGROUND

The City of Clearwater (the City), filed a complaint for bond validation with the Sixth Judicial Circuit Court in Pinellas County. Suzanne Boschen (Boschen) filed an answer, contesting the design, engineering, and purpose of the project, and the City's authority to issue the bonds. The trial court validated the bonds, and this appeal followed.

Pursuant to article IX of the City's Charter, which requires the City to provide fiscal aspects of bond issuances by ordinance, the City enacted Ordinance No. 6352-99 on May 6, 1999, authorizing the issuance of Infrastructure Sales Tax Revenue Bonds, Series 1999, to finance the cost of capital improvements in Clearwater. *960 See City of Clearwater, Pinellas County, Fla., Ordinance 6352-99 § 3 (May 6, 1999) (hereinafter Bond Ordinance). On the same day, the City enacted Resolution 99-28, authorizing the bonds to be issued in a principal amount not to exceed $12,000,000.00 to finance the cost of roadway and related capital improvements on Clearwater Beach. See City of Clearwater, Pinellas County, Fla., Resolution 99-28 § 2, Ex. A (May 6, 1999) (hereinafter Resolution 99-28). The City did not hold a public referendum for the issuance of the bonds.

The Bond Ordinance specifies that the sole source of repayment of the bonds is derived from the City's infrastructure sales tax revenues. See Bond Ordinance § 3(B). These revenues are generated pursuant to an interlocal agreement with Pinellas County and other participating municipalities regarding the distribution of the additional infrastructure sales tax revenues collected by Pinellas County. See id. § 2 (defining "Sales Tax Revenues"). The Bond Ordinance further provides that the City shall never be required to levy ad valorem taxes to fund repayment of the bonds. See id. § 3(D). According to Margaret Simmons, the City's financial services administrator, the City's share of the infrastructure sales tax revenues is adequate to fund repayment of the bonds. The City issued the bonds pursuant to article IX of the Charter, which requires a public referendum for the issuance of bonds in excess of $1 million. See City of Clearwater, Pinellas County, Fla., Charter art. IX (March 9, 1999) (hereinafter Charter). The exceptions to this referendum requirement are revenue bonds issued for public health, safety or industrial development, and refunding. See id.

In its legislative findings, enumerated in Resolution 99-28, the City concluded that the project was necessary for the continued health and safety of the citizens and visitors in Clearwater. See Resolution 99-28 § 1(B). Indeed, the City concluded that the proposed changes would increase the roadway's level of service, improve air quality, and provide a safer environment for pedestrians. See id. Ex. A. The City further noted that this conclusion was reached after reviewing extensive information and input from its staff, public hearings, and professional consultants. See id. § 1(A). The project proposes several improvements to the entranceway at Clearwater Beach, including construction of a traffic roundabout, roadway realignment, elimination of the signal system, pedestrian crossings, landscaping, and a water fountain central to the roundabout. See id. Ex. A.

At the validation proceeding below, the City presented evidence to explain its process for assessing the necessity and feasibility of the proposed roadway improvements. According to the public works administrator, Richard Baier, the site for the roadway project has three major intersections which have experienced higher than average accident counts. Nevertheless, the site is not one of the top ten accident locations in the city, and the present level of service for traffic operations is considered acceptable. The City's Public Works Department, which oversees road design, commissioned a traffic study to examine and analyze traffic volumes and movements in the Clearwater Beach area. After receiving the traffic study, the Public Works Department and the City's master planner researched options for reconfiguring the intersections. They considered various factors, including the traffic study data, the number of pedestrian and vehicle-to-vehicle accidents, and the area's seasonal peaks. After they presented options for redesigning the intersections to the City Commission, the Commission decided on the roundabout concept as the preferred design and hired a design consultant to pursue preliminary engineering designs. According to the public works administrator, the purpose of the preliminary engineering report was to identify the objectives of the project, synthesize *961 data collection, and lay a foundation for the design. In selecting the roundabout design as its preferred alternative, the City relied, in part, on data suggesting that the roundabout would improve air quality. Indeed, the City issued a Congestion Mitigation Air Quality report (CMAQ report), stating its conclusion that air pollutants would be reduced by substituting the present multiple intersection design with the proposed roundabout design. The City further concluded that the landscaping of the roundabout could be used to calm traffic leading into the beach, thereby reducing pedestrian accidents. According to the public works administrator, "every element in the project was purposely done to create a total design concept, both to facilitate pedestrian movement and vehicle movement, and to allow them to co-exist in that constrained right of way." Indeed, "the project was primarily for transportation purposes. Economic development was a secondary benefit...." The Public Works Department and its consultants made additional visual and oral presentations to a number of bodies, including the Metropolitan Planning Commission (MPO), the Citizens Advisory Committee of the MPO, and the Traffic Control Committee of the MPO. After reviewing findings from its consultants and staff, the City Commission approved the project and authorized the issuance of bonds to be repaid with proceeds of the City's infrastructure sales tax revenues.

Notwithstanding the City's findings, conflicting evidence intimated that the reconstruction of the beach site was motivated by different concerns. Despite the public works administrator's testimony regarding the transportation purposes of the project, notes from the design team meetings indicate that "the primary purpose of this project is economic redevelopment of the beach, not maximizing traffic flow." Further, these notes indicate that the twin principles for the project are developing a place to have an experience and providing a sense of arrival at the beach. Similarly, the traffic study indicates that the improvements are designed "primarily to support and enhance the economic redevelopment potential for the Beach area."

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Cite This Page — Counsel Stack

Bluebook (online)
777 So. 2d 958, 26 Fla. L. Weekly Supp. 22, 2001 Fla. LEXIS 43, 2001 WL 40395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boschen-v-city-of-clearwater-fla-2001.