Resolution 403-2020 RESOLUTION NO. 403 -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, the Monroe County Board of County Commissioners (BOCC) approved
Resolution 354-2020 which set the weight limits of 9 tons on the Bimini Bridge and 10 tons on
Harbor Drive and Seaview Bridges; and
WHEREAS, then due to further FDOT inspection reports, the weight limit on Bimini
Bridge was set and posted at 10 tons instead of 9 tons effective October 26, 2020 and the Board
approved Resolution 391-2020 setting the revised weight restrictions; and
WHEREAS, the County received updated FDOT inspection reports on November 16,
2020, which reduced the weight limits to 4 tons on the Harbor Drive and Seaview bridges and
County staff posted the appropriate signage with the weight restrictions at each bridge; and
WHEREAS, this resolution sets the weight restrictions at 4 tons on the, Harbor Drive
Bridge, and Seaview Bridges in accordance with F.S. 316.555 and based upon the detailed
analysis received on November 16,2020; 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, 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
Resolution imposing weight restrictions on certain Duck Key Bridges
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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 design a temporary bridge and identify other temporary
strengthening solutions that will be constructed in conjunction with the Bimini Bridge
Replacement construction project; and
WHEREAS, FDOT inspectors have now performed detailed analysis of the Duck Key
Bridges, but in the event that weight restrictions must be adjusted as directed by FDOT
inspectors this resolution also request authorization for the weight limits to be posted as required
by 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 I Tons
Duck Key Harbor Drive Bridge, Seaview 4 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 November 16, 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 391-2020
adopted at the November 17, 2020 meeting.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 9`h day of December 2020.
Mayor Michelle Coldiron Yes
Mayor Pro Tenn David Rice Yes
Commissioner Craig Cates Absent
Commissioner Eddie Martinez Yes
Commissioner Mike Forster Yes
Resolution imposing weight restrictions on certain Duck Key Bridges
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Resolution imposing weight restrictions on certain Duck Key Bridges
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