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HomeMy WebLinkAbout16-017JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4239820 10/19/2016 12:16:44 PM OR BOOK 3923 PAGE 1496 - 1499 Doc Type: ORDN RECORDING: $35.50 ORDINANCE NO. 16-017 AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 16- 010 TO CORRECT A SCRIVENER'S ERROR IN ORDINANCE NO. 16- 010, PROVIDING FOR A COUNTYWIDE REFERENDUM TO BE PLACED ON THE BALLOT AT THE GENERAL ELECTION ON NOVEMBER 8, 2016 FOR THE PURPOSE OF DETERMINING WHETHER SLOT MACHINE GAMING SHALL BE AUTHORIZED AT LICENSED PARI- MUTUEL FACILITIES LOCATED WITHIN ST. LUCIE COUNTY INSTEAD OF "LICENSES" PARI-MUTUEL FACILITIES AS INCORRECTLY SET OUT IN ORDINANCE NO. 16-010; PROVIDING FOR TITLE; PROVIDING FOR REFERENDUM AND BALLOT LANGUAGE; PROVIDING FOR CERTIFIED COPY TO SUPERVISOR OF ELECTIONS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 551.102(4) Florida Statutes, authorizes slot machine gaming at any licensed pari-mutuel facility in a countywide referendum held pursuant to a statutory or constitutional authorization, in the respective county, provided such facility has conducted a full schedule of live racing for two (2) consecutive calendar years immediately preceding its application for a slot machine license, pays the required license fee and meets the other requirements of Chapter 551, Florida Statutes; and WHEREAS, St. Lucie County is authorized by the Florida Constitution and Sections 125.01 and 551.102(4), Florida Statutes, to hold a referendum on slot machine gaming; and WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") desires to give the citizens of St. Lucie County (the "County") the opportunity to decide whether slot machine gaming shall be authorized at pari-mutuel facilities in the County. WHEREAS, on July 21, 2016, the Board adopted Ordinance No. 16-010 which due to a scriveners error identified "licenses" pari-mutuel facilities in the ballot question; and WHEREAS, the ballot question should have identified "licensed" pari-mutuel facilities; and WHEREAS, this Ordinance is intended to amend and restate Ordinance No. 16-010 to correct the scriveners error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that: Section 1. TITLE. This Ordinance shall be titled the "Countywide Referendum to Authorize Slot Machine Gaming in Licensed Pari-Mutuel Facilities in St. Lucie County." -1- Section 2. REFERENDUM AND BALLOT LANGUAGE. A referendum is hereby called and ordered to be held in the County. Such referendum shall be held on November 8, 2016, when a general election is to be held, and in accordance with the requirements of the Constitution of the Laws of Florida, the following question shall be placed on the ballot by the Supervisor of Elections of the County. SLOT MACHINES AT LICENSED PARI-MUTUEL FACILITIES LOCATED IN ST. LUCIE COUNTY Shall slot machines be authorized within licensed pari-mutuel facilities in St. Lucie County subject to the restrictions of state law? (SELECT ONE ONLY) YES (TO AUTHORIZE) NO (TO NOT ALLOW) All qualified electors residing in the County shall be entitled and permitted to vote on the referendum. The place for voting in the referendum shall be the same as the place for voting in general elections held in the County as determined by the Supervisor of Elections of the County. The polls shall be open at such voting places from 7:00 a.m. until 7:00 p.m. on the date of the referendum. The Clerk shall prepare a notice of the referendum by causing a copy of the form of notice, attached hereto as Exhibit "A", to be published at least twice, once in the fifth (5t") week and once in the third (3rd) week prior to the week in which the referendum is held in a newspaper of general circulation in the County. The first publication of such notice shall be at least thirty (30) calendar days prior to the date of the referendum. The Clerk shall secure from the publisher of said newspaper an appropriate affidavit of proof that such notice has been duly published as herein provided, and said affidavit of proof shall be filed in the minutes of the Board. The Supervisor of Elections shall hold, administer and conduct the referendum election in the manner prescribed by law for holding elections in the County. Returns shall show the number of qualified electors who voted at such referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with the law and the results shall be recorded in the minutes of the Board in the manner prescribes by law. The form of the ballot to be used in the elections by absentee voters shall be in substantially the form provided above. The Supervisor of Elections of the County is authorized to provide a sufficient number of absentee ballots, as required by law, to provide for voting of absent electors entitles to cast such ballots in said election. -2- Section 3. CERTIFIED COPY TO SUPERVISOR OF ELECTIONS. The County Attorney shall furnish a certified copy of this adopted Ordinance to the Supervisor of Elections for the County. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a Court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 5. EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon filing with the Department of State. APPROVED and ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, on this the 4th day of October, 2016. After motion and second, the vote on this ordinance was as follows: Chairman Kim Johnson AYE Vice Chairman Chris Dzadovsky AYE Commissioner Todd Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE ATTEST: M 2:�L� Deputy Clerk -3- BOARD OF ST. LUCIE I BY: F-110 J:%1'rNo, BY: JNTY COMWSSIONERS LO r A Chairman TO FORM AN SS: Countv t# nev EXHIBIT "A" NOTICE OF REFERENDUM TO BE HELD IN ST. LUCIE COUNTY, FLORIDA ON NOVEMBER 8, 2016 NOTICE IS HEREBY GIVEN THAT A REFERENDUM will be held on the Si" day of November, 2016 whether to authorize slot machines within licensed pari-mutuel facilities in St. Lucie County. Such referendum has been authorized by Ordinance No. 16-010 of the Board of County Commissioners of St. Lucie County, Florida. The places for voting in a referendum shall be the same as the places for voting in the general elections held in St. Lucie County, Florida and the polls will be open at the voting places on the date of said referendum from 7:00 a.m. to 7:00 p.m. on the same day, all as provided in said Ordinance. All qualified electors residing within St. Lucie County, Florida shall be entitled, qualified and permitted to vote at such referendum. -4- October 14, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2016-017, which was filed in this office on October 14, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb