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November 24, 2020 <br /> <br />Next Steps Following Council Action: <br /> <br /> <br /> The certification will be submitted to the Lottery Department. <br /> <br />1. Mark Geduldig-Yatrofsky, P. O. Box 50141, voiced his concern with the process to <br />acquire a bidder. <br /> <br />Motion by Mr. Clark, and seconded by Ms. Psimas, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION CERTIFYING RUSH STREET GAMING LLC AND ITS AFFILIATE <br />PORTSMOUTH GAMING HOLDINGS, LLC AS THE PREFERRED CASINO GAMING <br />OPERATOR FOR THE CITY OF PORTSMOUTH. <br /> <br />WHEREAS, <br /> by Ordinance 2020-47 adopted on May 26, 2020 City Council <br />selected Rush Street Gaming LLC and Portsmouth Gaming Holdings, LLC (collectively, <br />“Developer”) as the City’s “preferred casino gaming operator” within the meaning of <br />Sections 58.1-4100 and 58.1-4107 of the Virginia Code; and <br /> <br />WHEREAS, <br /> the City promptly submitted the Developer as its preferred casino <br />gaming operator to the Virginia Lottery Department (“Lottery”); and <br /> <br />WHEREAS, <br /> Lottery successfully completed its preliminary review of the Developer <br />and, in accordance with Subsection 58.1-4107(F) of the Virginia Code, certified its <br />approval for the City of Portsmouth to proceed to the casino gaming referendum required <br />by Virginia Code Section 58.1-4123; and <br /> <br />WHEREAS <br /> , by Resolution 2020-20 City Council petitioned the Portsmouth Circuit <br />Court, pursuant to Section 58.1-4123 of the Virginia Code, requesting the Court to order <br />that a referendum be held on the question of whether casino gaming shall be permitted <br />at a casino gaming establishment in Portsmouth, Virginia located at 3606 Victory <br />Boulevard and surrounding undeveloped properties called the “Entertainment District” <br />located east of Victory Boulevard, south of Interstate 264, west of McLean Street and <br />north of Greenwood Drive (the “Portsmouth Casino Referendum”); and <br /> <br />WHERAS <br />, on July 20, 2020, the Portsmouth Circuit Court ordered that the <br />Portsmouth Casino Referendum be held during the November 3, 2020 general election; <br />and <br /> <br />WHEREAS <br />, pursuant to Section 58.1-4123 of the Virginia Code the Portsmouth <br />Circuit Court Clerk published notice of the Portsmouth Casino Referendum once a week <br />for three consecutive weeks; and <br /> <br />WHEREAS, <br /> on November 3 Portsmouth residents approved the Portsmouth <br />Casino Referendum by a margin of approximately two to one; and <br /> <br />WHEREAS <br /> , Subsection 58.1-4109(A) of the Virginia Code states that, if a majority <br />of those voting in the referendum vote in the affirmative, then the eligible host city shall <br />certify its preferred casino gaming operator and submit such certification to Lottery within <br />30 days; <br /> <br />NOW THEREFORE BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia that it hereby certifies Rush Street Gaming LLC and Portsmouth Gaming <br />Holdings, LLC as the City of Portsmouth’s preferred casino gaming operator pursuant to <br />Subsection 58.1-4109(A) of the Virginia Code; and <br /> <br />BE IT FURTHER RESOLVED <br /> that the City Manager and his designees are <br />authorized and directed to submit this certification to Lottery in such form as Lottery may <br />require, and to take such further actions as are necessary or desirable in furtherance of <br /> <br />the purpose of this Resolution.” <br /> <br />Ayes: Battle, Clark, Glover, Lucas-Burke, Moody, Psimas, Rowe <br />Nays: None <br /> <br /> <br /> <br /> <br />