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    Resident challenges causeway bridge plan

    She argues the city doesn't have a good enough reason to borrow the $51-million needed to build it. The case is now in court.

    By CHRISTINA HEADRICK

    © St. Petersburg Times, published August 24, 2000


    CLEARWATER -- First, the roundabout was challenged. Now the city's proposed bridge to Clearwater Beach is threatened while a resident takes the city to court.

    At issue is whether the city can borrow $51-million to build a tall, arching new bridge from the mainland to Clearwater Beach -- one of the most expensive city projects ever.

    But Terry Sue Turner, a 59-year-old resident of the Pierce 100 condominium, is challenging the city's authority to finance the bridge's construction.

    The case went to Pinellas-Pasco Circuit Court on Wednesday.

    On one side of the courtroom sat Turner. "The state said that the (existing) bridge was safe for another 20 years and there was no need to spend the money now," Turner said. "So we don't understand why the city is moving forward."

    On the other side of the room sat City Hall: three city attorneys, the city's public works administrator and chief financial officer -- all of them seeking to brush her challenges aside.

    The epicenter of the dispute is the city charter, which requires voter approval before Clearwater can borrow more than $1-million at a time -- unless the city needs to finance a project for residents' "health and safety."

    The City Commission determined years ago that building a new bridge is a health and safety concern. So it intends to sell $51-million in bonds to finance the bridge -- without taking a vote to see if residents approve.

    But Turner's attorney, Pat Maguire, argued Wednesday before Judge James Case that it is not health and safety, but economic development that is the reasoning for the new bridge.

    Maguire quoted from consultants' reports that the new bridge would be a "focal point" for tourists and create "signature" entranceways to the beach and downtown.

    He also presented documents showing state officials and city consultants have reported the existing Clearwater Memorial Causeway could be maintained acceptably for another 20 years.

    "This is not a $51-million nothing-else-you-could-do situation," Maguire said.

    Therefore, the city needs to stop everything and hold a referendum on the bridge to borrow money to build it -- or just stop the project, he argued.

    But Robert Reid, a Tallahassee-based bond attorney for the city, argued that Clearwater followed all the proper processes in planning the bridge. There have been 30 public meetings, including seven City Commission hearings, Reid said.

    Reid argued the city should quickly get a ruling from the judge, validating its authority to issue bonds and finance the bridge's construction.

    Mahshid Arasteh, the city's public works administrator, testified for the city that the new bridge would have some safety improvements. Among the perks would be wider lanes, an emergency stopping lane, a bike trail and better walkways for pedestrians, she said.

    But under cross-examination by Maguire, Arasteh conceded that the current Memorial Causeway bridge was not obsolete and could last 20 years. Arasteh also admitted the new bridge isn't going to dramatically improve traffic flow according to projections.

    Wednesday's hearing was very similar to another case in which a Clearwater Beach motel owner challenged the city's authority to issue bonds to build the $10-million beach entranceway and roundabout.

    While that court case was dragging on, Clearwater went ahead and spent other city funds to build the $10-million roundabout -- intending to pay back the funds with money raised by issuing bonds.

    The case is now pending before the Florida Supreme Court, which could rule on the issue any day. If the Supreme Court rules against the city, officials say, Clearwater will have to greatly revise its budget to pay for the roundabout.

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