Resolution 354-2020 RESOLUTION NO. 354 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
SETTING THE WEIGHT RESTRICTIONS ON CERTAIN
BRIDGES IN DUCK KEY AND AUTHORIZING THE
POSTING OF THE APPROPRIATE SIGNAGE.
WHEREAS, on or about October 4, 2020, the Florida Department of Transportation
(FDOT) inspectors performed assessments and advised that the Bimini Bridge, Harbor Drive
Bridge and Seaview Bridges were deteriorating faster than anticipated and advised that weight
restrictions were immediately required, and County staff posted the appropriate signage with the
weight restrictions at each bridge; and
WHEREAS, this resolution sets the weight restrictions at 9 tons (initially 3 tons) on the
Bimini Bridge and 10 tons on Harbor Drive Bridge and Seaview Bridges in accordance with F.S.
316.555; and
WHEREAS, the Board of County Commissioners have authority and jurisdiction,
pursuant to F.S. 316.006, to establish traffic control devices to guide, warn or regulate traffic
and, pursuant to F.S. 316.555, to impose weight limits on bridges under the County's
jurisdiction; and
WHEREAS, the Monroe County Sheriffs Office shall enforce the weight restrictions in
accordance with F.S. 316.555- Weight, load, speed limits may be lowered; conditions precedent.
and as per F.S. 316.655-Penalties.; and
WHEREAS, the Monroe County Board of County Commissioners intends to make this
resolution effective retroactive to October 4, 2020, the date the FDOT inspectors advised of the
required weight restrictions; and
WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing
Corporation, et al., 737 So.2d 494 (Fla 1999) that provides that a retroactive provision of a
legislative act is valid, so long as vested rights are not adversely affected or destroyed or a new
obligation or duty is created or imposed, or an additional disability is established in connection
with transactions or considerations previously had or expiated, the Monroe County Board of
County Commissioners finds that this resolution may be retroactive; and
WHEREAS, County staff is working to expedite the design and construction of
replacement of these bridges and is also working to identify temporary strengthening solutions;
Resolution imposing weight restrictions on certain Duck Key Bridges
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
1. The following weight limits are hereby established for certain bridges:
Keys Bridges Weight Limit
Duck Key Bimini Bridge 9 Tons
Duck Key Harbor Drive Bridge, Seaview 10 Tons
Drive Bridges
2. The weight restrictions shall be posted, and County staff is hereby authorized
to post the appropriate signage.
3. The weight restrictions are effective retroactively to October 4, 2020, the date
the FDOT inspectors advised of the required weight restrictions, and remain in
full force and effect until rescinded by the Monroe County Board of County
Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21'day of October, 2020.
�m� Mayor Heather Carruthers Yes
' ' ' 't.4,4, Mayor Pro Tern Michelle Coldiron Yes
Si Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
`w BOARD OF COUNTY COMMISSIONERS
sor
: KEVIN MADOK,'Cl_errkk OF MONROE CO TY FLORIDA
CrBy
As Deputy Clerk Mayo Hea Carruthers
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Resolution imposing weight restrictions on certain Duck Key Bridges
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