McGovern v. Lee County

346 So. 2d 58
CourtSupreme Court of Florida
DecidedMay 2, 1977
Docket49344
StatusPublished
Cited by4 cases

This text of 346 So. 2d 58 (McGovern v. Lee County) 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
McGovern v. Lee County, 346 So. 2d 58 (Fla. 1977).

Opinion

346 So.2d 58 (1977)

Marcelle McGOVERN et al., Appellants,
v.
LEE COUNTY, Florida, Appellee.

No. 49344.

Supreme Court of Florida.

May 2, 1977.

*60 James H. Seals of Moorey, Seals & Garvin, Fort Myers, for appellants.

James T. Humphrey, Jr., and Daniel U. Livermore, Jr., of Freeman, Richardson, Watson, Slade, McCarthy & Kelly, Jacksonville, for appellee.

Roger E. Berres of Roberts, Watson, Bright & Adams, Fort Myers, and William B. Lawless of Hawkins, Delafield & Wood, New York City, for City of Sanibel, amicus curiae.

OVERTON, Chief Justice.

This is an appeal from a final judgment of the Circuit Court for Lee County validating the Lee County, Sanibel Bridge Improvement Revenue Bonds. We have jurisdiction.[1]

This is a unique revenue bond proposal which would require the users of a bridge that has paid for itself to now pay for substantial improvements to several roads, one of which is over twelve miles removed from the bridge, and for the construction of recreational facilities. We reverse the validation of the bond issue because the record fails to establish that the majority of improvements will actually make a significant contribution to the traffic over the bridge, and the toll to pay these new proposed revenue bonds would place an undue burden on the residents and visitors to Sanibel Island. Tolls as well as taxes must be fairly imposed.

The sparseness of the record in this cause has created some substantial problems for this Court in trying to understand the projects and their relation to the bridge. There is generally insufficient detail as to the amount of costs of these "improvements," and as for the City of Sanibel's portion of the project, there are no plans other than the generalities contained in this opinion as to how the City intends to use the money.

The following are the facts beginning with the original financing and construction of the Sanibel Bridge. In 1961 this Court affirmed the validation of revenue bonds issued by Lee County to finance a self-liquidating project, the construction of a toll bridge and causeway across San Carlos Bay connecting Sanibel Island to Punta Rassa. See Sanibel-Captiva Taxpayers' Association v. Lee County, 132 So.2d 334 (Fla. 1961). The Sanibel Island Bridge and Causeway has paid for itself, and the tolls now being collected are unencumbered except for operation and maintenance costs. The present toll is $1.50, and the bridge is the only vehicular ingress and egress for residents of the island.

Appellee Lee County and amicus curiae City of Sanibel wish to issue new revenue bonds and to use the tolls from the bridge to (1) finance the improvement of six roads by which mainland traffic may gain asserted improved access to the bridge, and to (2) finance the construction of recreational, sanitary facilities, and street improvements on Sanibel and Captiva Islands. The proceeds from the sale of the bridge improvement bonds would be $18,000,000, and the tolls from the bridge would be pledged to liquidate the bonds. By interlocal agreement, Lee County and the City of Sanibel have decided that seventy-four percent of the proceeds would go to the "Mainland Road Improvements" while the remaining twenty-six percent would go to the "Sanibel Projects."

The bond resolution passed by the Board of County Commissioners of Lee County described the two projects as follows:

"The economic progress and well being of the people of the Issuer depend in large measure upon the many visitors and residents of other areas who come to the Issuer, including particularly Sanibel and *61 Captiva Islands, to enjoy its beneficial climate, scenic beauty, natural resources and the many man-made attractions, sports and recreation opportunities.
"(1) It is necessary and desirable to adequately provide for the safe, orderly flow and circulation of traffic through and over the Bridge by acquiring and constructing extensions, additions and improvements to the bridge and causeway facilities consisting of the following approaches and approach roads on the easterly side of the Bridge (the `Bridge Improvements'):
"Colonial, SR 867 (McGregor) to SR 82 Synchronization of U.S. 41 traffic signals
SR 869, SR 867 (McGregor) to Colonial Gladiolus Loop Road, SR 867 (McGregor) to Colonial
Cypress Lake Drive — Daniels Road, SR 867 (McGregor) to I-75
SR 867 (McGregor), toll plaza to College Parkway
"(2) It is further necessary and desirable to construct and acquire certain approaches and approach roads to the Bridge, and extensions, additions and improvements to existing approaches and approach roads to the Bridge and to construct and acquire certain public recreation facilities on Sanibel and Captiva Islands, which are more particularly described in the Interlocal Agreement and referred to therein as the `Sanibel Projects.'
"(3) All of the above capital improvements are necessary and desirable in order to preserve and protect the public health, safety and welfare of the inhabitants of the Issuer."

The darkened routes on the enclosed map of Lee County show the location of the mainland roads to be improved. The proposed path of I-75, not part of the planned bridge improvements, is also shown to illustrate that Colonial (No. 1) and Cypress Lake Drive (No. 5) are asserted to be connectors to feed to the bridge traffic from the interstate when it is constructed. U.S. 41 is identified by a double line. It is presently the main north-south ingress and egress route through the city, carrying 60,000 vehicles daily. It is part of the proposed improvements to the extent of synchronization of U.S. 41 traffic signals.

[See following illustration on p. 62]

*62

*63 The plans for the Sanibel Projects, for which twenty-six percent of the funds are to be used, are in the words of the bond resolution "more particularly described in the Interlocal Agreement ...":

"SECTION 3. SANIBEL PROJECTS.
The County and City hereby agree that it is necessary and in the public interest of the citizens of both the County and the City that the following described public improvements be constructed and acquired, all to be located on Sanibel Island ...:
"1. Acquisition and improvement of property for public usage
Beachfront Parks
Near Lighthouse End of Island
Mid Island
Near Bowman's Beach Access Road Interior Parks
"2. Construction and improvement of roadways and appurtenant facilities for public safety
Acquisition of Right-of-way
Extension of Gulf Drive
Parallel Roadway
Construction of New Roadways
Improvement of Existing Roadway System
Establishing Turn Lanes
Improving Critical Intersections
Building up Dangerous Shoulders
Straightening Dangerous Curves
Replacing Inadequate Culverts
"3. Establishment of Facilities for Public Usage
Building Public Sanitary Facilities
Comfort Stations
Dumping Station for Travel Vehicles

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921 So. 2d 661 (District Court of Appeal of Florida, 2006)
City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F.
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370 So. 2d 7 (Supreme Court of Florida, 1979)

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Bluebook (online)
346 So. 2d 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgovern-v-lee-county-fla-1977.