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Resolution 391-2020 RESOLUTION NO. 391 -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 10 tons (previously 9 tons in Resolution 354-2020 and 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 Sheriff's 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 adopted Resolution 354-2020 setting the weight restrictions, but due to recently updated FDOT inspection reports, the weight limit on Bimini Bridge is now set and posted at 10 tons instead of 9 tons effective October 26, 2020; and WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing Corporation, et at, 737 So.2d 494 (Ha 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 has issued a Request for Bids for the construction of Bimini Bridge and is also working to identify temporary strengthening solutions that will be constructed in conjunction with the Bimini Bridge Replacement construction project; and Resolution imposing weight restrictions on certain Duck Key Bridges Page 1 of 2 WHEREAS, FDOT inspectors are continuing to perform and review detailed analysis of the Duck Key Bridges, which may result in the weight restrictions being adjusted as directed by FDOT inspectors therefore this resolution also request authorization for the weight limits to be posted as required by updated FDOT inspection reports until a resolution can be brought before the Board; 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 10 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. The Board hereby authorizes for the weight limits posted to be revised as required in response to updated FDOT inspection reports. 4. The weight restrictions are effective retroactively to October 26, 2020, the date the FDOT inspectors advised of the revised required weight restrictions - and remain in full force and effect until rescinded by the Monroe County Board of County Commissioners. 5. This Resolution is effective upon adoption and replaces Resolution 354-2020. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17'h day of November 2020. efo %, Mayor Michelle Coldiron Yes s' Mayor Pro Tem David Rice Yes Commissioner Craig Cates Absent ..s Commissioner Eddie Martinez Yes ��� -c . r Commissioner Mike Forster Yes ro � '_: .. z ' _ -fl '7' k=T:..'..a BOARD OF COUNTY COMMISSIONERS - o Attest: KEVIN MADOK,Clerk OF MONROE (�7KI�.W , C /� N By LS By As eputy Clerk Mayor Resolution imposing weight restrictions on certain Duck Key Bridges D AS ATTORNEY /1.MONROE yto t Tr.flmo k CxuTTNEumemrre.APIOWS� Page 2 of 2 ASSISTANT 41/1 ATTORNEY" g tenon