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R96-001RESOLUTION NO. R96-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE CONSTRUCTION OF THE OCEAN AVENUE BRIDGE. WHEREAS, pursuant to the River and Harbor Act of June .20, 1938, the United States Congress authorized the Atlantic Intracoastal Waterway Channel to be constructed with a bottom width of 125 feet and such construction has been accomplished; and WHEREAS, the Florida Department of Transportation (FDOT) construction standard in the area had been a 90 foot horizontal span; and WHEREAS, the Florida Inland Navigation District (F.I.N.D.) adopted a position in April 1994, in accordance with the U.S. Army Corps of Engineers Engineering and Design Manual "Layout and Design of Shallow Draft Waterways", that the horizontal bridge clearances across the Intracoastal need to be increased to 125 feet to span the entire waterway channel; and WHEREAS, this position adopted by F.I.N.D. caused the planned bridge spanning the Intracoastal Waterway at Ocean Avenue in Boynton Beach to be increased from 90 feet to 125 feet; and WHEREAS, it is the general desire of the City Commission of the City of Boynton Beach and its citizens to have the narrowest, least intrusive bridge possible, but that desire is offset by the need to continue this project forward because the overall economic and aesthetic benefits will outweigh the additional 35 foot span requirements; and WHEREAS, the City of Boynton Beach strongly supports the efforts of our neighboring communities of Delray Beach and Boca Raton opposing a blanket policy adopted by any agency setting forth a minimum horizontal span of 125 feet as a construction standard due to the need of these cities with regard to the preservation of their downtown improvements, economic impact of their area businesses, preservation of the tax base and concerns of their residents; and WHEREAS, the City of Boynton Beach supports the efforts of the Florida Department of Transportation and its consultants with regard to the bridge design, landscaping features, and construction timetable currently proposed; and WHEREAS, the City strongly encourages FDOT to follow through and construct the Ocean Avenue Bridge complete with all the amenities, traffic improvements, landscaping improvements and design components that have been presented to the community to date; and WHEREAS, the City of Boynton Beach, while requesting that the Ocean Avenue Bridge be constructed as quickly as possible, lends its voice in support with our fellow municipalities in allowing bridges that are in need of repair or replacement to be considered on a case-by-case basis with regard to any construction standards and to take into account other factors that may be pertinent in each community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City supports and appreciates all of the efforts to date of the FDOT, and supports the current bridge design with a 125 foot horizontal span and a 21 foot vertical clearance. Section 2. The City opposes the efforts of any agency to put in place a minimum standard for bridge construction that has significant adverse impacts for existing business and residential communities. -2- Section 3. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 2nd day of January, 1996. Mayor Mayor Pro Tem C0m~~.~i sion~r/~ ~ ~ 's~i(~r ATTEST: II Cit~'Clerk (Corporate Seal) S:\CM~PROJECTSWIARINA\RESO.WPD 1 2 3 4 5 6 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE FLORIDA INL~NDNAVIGATION DISTRICT REGULATING HORIZONTAL SPANS OF BRIDGES CROSSING THE ATLANTIC INTRACOASTAL WATERWAY IN PALM BEACH COUNTY THIS AGREEMENT is made and entered into this , 1995, by and between the BOARD 7 ~! COMMISSIONERS 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 29 3O 31 32 33 34 day of OF COUNTY political OF PALM BEACH COUNTY, FLORIDA, a subdivision of the State of Florida, hereinafter "County," and the FLORIDA INLAND NAVIGATION DISTRICT, hereinafter "FIND." WHEREAS, the County is undertaking the widening and reconstruction of Donald Ross Road and the Donald Ross Road Bridge, collectively hereinafter referred to as the "Project"; and WHEREAS, the existing Donald Ross Road Bridge is a two-lane structure with a 90 foot horizontal span over the Atlantic Intracoastal Waterway, hereinafter "Intracoastal"; and WHEREAS, Plans and Specifications, hereinafter "Plans," for the Project call for a 4-lane road and a 6-lane bridge with a 90 foot horizontal span which complies with the minimum guide clearance established by the United States Coast Guard; and WHEREAS, FIND is the local sponsor of the Intracoastal as designated by the Florida Legislature and as such provides comments to the United States Coast Guard, the agency-that issues permits for construction or reconstruction of bridges and other improvements along, over or upon the Intracoastal; and WHEREAS, FIND adopted a position in April 1994 in accordance with the U.S. Army Corps of Engineers Engineering and Design Manual "Layout and Design of Shallow Draft Waterways" that the horizontal bridge clearances across the Intracoastal need to be increased to 125 feet to span the entire waterway channel; and WHEREAS, pursuant to the River and Harbor Act of June 20, 1938, the United States Congress authorized the Atlantic Intracoastal Waterway Channel from St. Mary's Inlet, Florida, to Miami, Florida, to be constructed with a bottom width of 125 feet and such construction has been accomplished; and --1--¸ F~IJO & PBC AGREEHEIJT REGULAT)*IJG HOI~ZONTAL SPANS OF BR~DGES./ATLAIJT~C ~/ATERi~AY i !:designed 2 3 4 5 Notwithstanding the 6 ii relieved of the above Obligations 7 8 9 10 to meet or exceed the requirement of the Corps of .iEngineers "Layout and Design of Shallow Draft Waterways.,, FIND, in ~ its sole discretion, may waive any of the above requirements for a specific location(s). foregoing, the County will be if, due to existing physical conditions, unreasonable right-of-way costs, or any other physical limitations, the bridges cannot be constructed to meet the minimum horizontal span and vertical height requirements. In those ,;situations, the maximum practical clearances will be provided and 11 ii FIND will be notified prior to the preparation of bridge design 12 documents. 13 .3. FIND will: 14 I! Notify the United States Coast Guard of their decision 15 i: regarding the County permit to reconstruct the Donald Ross Road "' Bridge according to the Plans, specifically removing its objection to a 90 foot horizontal' span. 16 17 18 19 4. Ail notices required to be given under this agreement shall be addressed to: 2O 21 22 23 24 25 COUNTy Palm BeachCounty Engineering and Public Works Department Attn: County Engineer Post Office Box 21229 West Palm Beach, Fi 33416-1229 2¸6 27 28 29 3O FIND Florida Inland Navigation District Attn: Executive Director 1314 Marcinski Road Jupiter, Fi 33477 31 32 33 34 35 5. The parties hereto expressly covenant and agree that in the event either Party is'in default of its obligations herein, the party not in default shall provide to the.party in default sixty (60) days written notice to cure said default before exercising any of its rights. -3- 1 2 3 4 5 6 9 10 FIND & PBC AGREEMENT REGULATING HORIZONTAL SPANS OF BRIDGES/ATLANTiC ~ATERWAY 11. Pursuant to Section 163.01, Florida execution by both parties, this document shall provided in that section. Statutes, upon be recorded as ATTEST: FLORIDA INLAND NAVIGATION DISTRICT Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY istrlct Counsel 11 12 13 ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS 14 15 By: Deputy Clerk By: Chair 16 17 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 18 19 By: Assistant County Attorney G: \COt4MON \I,/PDATA\EN G \AGR \ F ! ND2. AGR -5-