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RESOLUTION NO. 2014- 074 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, SUPPORTING FLORIDA STATE SENATOR <br />THAD ALTMAN'S REQUEST FOR A FLORIDA <br />ATTORNEY GENERAL OPINION CONCERNING <br />CERTAIN PROVISIONS OF THE LEASE AGREEMENT <br />BETWEEN THE ORLANDO -ORANGE COUNTY <br />EXPRESSWAY AUTHORITY (NOW KNOWN AS THE <br />CENTRAL FLORIDA EXPRESSWAY AUTHORITY) AND <br />ALL ABOARD FLORIDA — OPERATIONS, LLC. <br />WHEREAS, All Aboard Florida — Operations, LLC ("All Aboard Florida") is proposing <br />to provide passenger rail service between Miami and Orlando that will run through populated <br />areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, <br />Roseland, Wabasso and Winter Beach; and <br />WHEREAS, All Aboard Florida has no proposed stops between West Palm Beach and <br />the Orlando International Airport; and <br />WHEREAS, All Aboard Florida has entered into a lease agreement with the Orlando - <br />Orange County Expressway Authority, now known as the Central Florida Expressway Authority, <br />(the "Authority") in which All Aboard Florida has agreed that any additional stops would <br />require, among other things, an increase in rental payment to the Authority and an opinion from <br />the Authority's bond counsel that the additional stops will not jeopardize the Authority's bonds; <br />and <br />WHEREAS, the Authority is controlled by a nine member board consisting of the Mayor <br />of Orange County, the Mayor of Orlando, an Orange County commissioner appointed by the <br />Mayor of Orange County, an Osceola County commissioner appointed by the chair of the <br />Osceola County Commission, a Seminole County commissioner appointed by the chair of the <br />Seminole County Commission, a Lake County commissioner appointed by the chair of the Lake <br />County Commission, and three members appointed by the Governor; and <br />WHEREAS, the Indian River County Board of County Commissioners is extremely <br />concerned that the Authority, run by elected officials from central Florida and unelected <br />individuals appointed by the Governor, will dictate how passenger rail service is proposed to be <br />provided in Indian River County and the Treasure Coast; and <br />WHEREAS, Florida State Senator Thad Altman has requested Florida Attorney General <br />Pam Bondi to issue an opinion as to whether certain language concerning the addition of new <br />stops in the lease agreement between the Authority and All Aboard Florida imposes an illegal <br />special tax on the residents of Brevard County and Indian River County; and <br />F-'A--mylLi�daIGE\'ERAL'R,.I.iau&Page 1 of3 <br />