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R -20 -36 A RESOLUTION CERTIFYING RUSH STREET GAMING LLC AND ITS AFFILIATE PORTSMOUTH GAMING HOLDINGS, LLC AS THE PREFERRED CASINO GAMING OPERATOR FOR THE CITY OF PORTSMOUTH. WHEREAS, by Ordinance 2020 -47 adopted on May 26, 2020 City Council selected Rush Street Gaming LLC and Portsmouth Gaming Holdings, LLC (collectively, "Developer ") as the City's "preferred casino gaming operator" within the meaning of Sections 58.1 -4100 and 58.1- 4107 of the Virginia Code; and WHEREAS, the City promptly submitted the Developer as its preferred casino gaming operator to the Virginia Lottery Department ( "Lottery "); and WHEREAS, Lottery successfully completed its preliminary review of the Developer and, in accordance with Subsection 58.1- 4107(F) of the Virginia Code, certified its approval for the City of Portsmouth to proceed to the casino gaming referendum required by Virginia Code Section 58.1 -4123; and WHEREAS, by Resolution 2020 -20 City Council petitioned the Portsmouth Circuit Court, pursuant to Section 58.1 -4123 of the Virginia Code, requesting the Court to order that a referendum be held on the question of whether casino gaming shall be permitted at a casino gaming establishment in Portsmouth, Virginia located at 3606 Victory Boulevard and surrounding undeveloped properties called the "Entertainment District" located east of Victory Boulevard, south of Interstate 264, west of McLean Street and north of Greenwood Drive (the "Portsmouth Casino Referendum "); and WHERAS, on July 20, 2020, the Portsmouth Circuit Court ordered that the Portsmouth Casino Referendum be held during the November 3, 2020 general election; and WHEREAS, pursuant to Section 58.1 -4123 of the Virginia Code the Portsmouth Circuit Court Clerk published notice of the Portsmouth Casino Referendum once a week for three consecutive weeks; and WHEREAS, on November 3 Portsmouth residents approved the Portsmouth Casino Referendum by a margin of approximately two to one; and WHEREAS, Subsection 58.1- 4109(A) of the Virginia Code states that, if a majority of those voting in the referendum vote in the affirmative, then the eligible host city shall certify its preferred casino gaming operator and submit such certification to Lottery within 30 days; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that it hereby certifies Rush Street Gaming LLC and Portsmouth Gaming Holdings, LLC as the City of Portsmouth's preferred casino gaming operator pursuant to Subsection 58.1- 4109(A) of the Virginia Code; and