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