City of Treasure Island v. Decker, 4689

• Decision Date: 07 May 1965
• Docket Number: No. 4689,4689
• Citation: 174 So.2d 756
• Parties: CITY OF TREASURE ISLAND, Florida, a municipal corporation, Appellant, v. Walter B. DECKER, D. O. Bauldree, Joseph W. Fleece, Jr., F. Marion Harrelson, and David F. Robinson, as and constituting the Board of Adjustment of the City of St. Petersburg, Florida, and the City of St. Petersburg, Florida, a municipal corporation, Appellees.
• Court: Florida District Court of Appeals

Page 756

174 So.2d 756

CITY OF TREASURE ISLAND, Florida, a municipal corporation, Appellant, v. Walter B. DECKER, D. O. Bauldree, Joseph W. Fleece, Jr., F. Marion Harrelson, and David F. Robinson, as and constituting the Board of Adjustment of the City of St. Petersburg, Florida, and the City of St. Petersburg, Florida, a municipal corporation, Appellees.

No. 4689.

District Court of Appeal of Florida, Second District.

May 7, 1965.

Louis C. Deal, of Robinson, Robinson & Deal, St. Petersburg, for appellant.

Carl R. Linn and Harry I. Young, St. Petersburg, for appellees.

SMITH, Chief Judge.

The City of Treasure Island appeals a final judgment denying certiorari in which that city sought to quash a decision of the Board of Adjustment of the City of St. Petersburg which denied Treasure Island's application for a permit to erect a toll gate and toll collection booth to be located on a part of Treasure Island Causeway that extends into the City of St. Petersburg. The proceeding in the Circuit Court was in the nature of a trial do novo, Josephson v. Autrey, Fla.1957, 96 So.2d 784, and is reviewable here by appeal. Board of Adjustment of City of Ft. Lauderdale v. Kremer, Fal.App.1962, 139 So.2d 448.

In 1937 pursuant to statutory authority ¹ the City of Treasure Island constructed Treasure Island Causeway, a toll road and drawbridge facility, across Boca Ciega Bay Connecting the Cities of Treasure Island and St. Petersburg. The project was financed by the issuance of revenue bonds. The two cities have a common corporate boundary located in the center of the channel of the intercoastal waterway in the bay. Approximately the eastern half of the causeway lies within the corporate limits of St. Petersburg. From the time of construction a single toll facility has been maintained on the causeway at approximately the common boundary line of the two cities. This permitted the residents of each city to use that portion of the causeway on either side of the toll facility on a turn-around basis without passing through the toll collection point. The erection of the toll gate sought in the permit would permit the collection of tolls on part of the causeway in St. Petersburg from those who had heretofore avoided ² payment of tolls, but on the other hand it would interfere with the flow of traffic on the streets of the City of St. Petersburg.

The charter of the City of Treasure Island specifically grants unto that city the power to build bridges leading from that city across any body of water to the other shore within Pinellas County within or without the city and to acquire the necessary lands by eminent domain, to collect tolls and charges for such facilities and to construct and operate the same within or without the limits of the city. In addition to the foregoing special statutory powers, Ch. 159, Fla.Stats., 1953, F.S.A. which was in effect at the time of the refunding of the revenue certificates granted unto municipalities in the state the power to acquire, construct, own and operate bridges or causeways and structures and equipment in connection therewith either inside or outside the corporate limits, to issue revenue bonds, collect tolls and to exercise the power of eminent domain as may be necessary in the exercise of other powers. It is, therefore, apparent that the City of Treasure Island owns and operates the toll facility of Treasure Island Causeway including the part located within the limits of the City of St. Petersburg pursuant to legislative delegated authority.

The zoning authority of the City of St. Petersburg is established by several general and special legislative grants. ³ In their broadest terms these enactments give that city the power 'to provide for and authorize city planning and zoning and to regulate and control the agencies therefor' and 'to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.'

At this juncture it is noted that we do not have the benefit of a specific legislative solution to the problem existing between these municipalities, each interested in the promotion of its own welfare. The problem invites a legislative solution, but finding none we must determine whether or not the City of St. Petersburg may impose its zoning regulations upon the City of Treasure Island as it pertains to and affects that part of Treasure Island Causeway owned and operated by the City of Treasure Island located within the City of St. Petersburg. We answer the question in the affirmative.

In resolving the question we point out the fact that the authority of the City of Treasure Island to construct, operate and maintain the toll facility does not specifically exempt the toll facility or that of the city from the legislative delegated zoning authority granted to the City of St. Petersburg and, conversely, St. Petersburg's zoning...