RESOLUTION NO. 499-05

A RESOLUTION OF THE BILOXI CITY COUNCIL MEMORIALIZING THE MISSISSIPPI LEGISLATURE TO SUPPORT AN ACT TO AMEND SECTION 27-109-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON, AS DEFINED IN SECTION 75-76-5, POSSESSING A VALID GAMING LICENSE TO CONDUCT LEGAL GAMING, MAY HAVE THE OPTION TO CONSTRUCT AN ON-SHORE GAMING CASINO IN PERMANENT STRUCTURES AT A SAFE AND REASONABLE DISTANCE, NOT TO EXCEED THOSE DISTANCES AS INDICATED ON THE MAP ATTACHED HERETO, FROM THE MEAN HIGH TIDE LINE OF THE BAY OF BIOXI, THE MISSISSIPPI SOUND AND THE BAY OF ST. LOUIS, AND FOR RELATED PURPOSES.

WHEREAS, the gaming industry in Harrison County has grown into a billion dollar industry; and,

WHEREAS, the gaming industry has generated 17,000 jobs in Harrison County; and,

WHEREAS, the gaming industry in Harrison County generates more than 100 million dollars in gaming and sales taxes for the state and more than 60 million in local gaming and sales tax revenues for Biloxi and Gulfport; and

WHEREAS, it now has been proven that this industry is vulnerable to the forces of nature and must be protected; and,

WHEREAS, now is the time to determine the future of this industry and the future of the tax revenue to the local governments and to the State of Mississippi; and,

WHEREAS, the success of the gaming industry on the Gulf Coast is in part due to the ability of local governments to balance the need for the jobs created by this industry with the need to preserve the quality of life of its citizens and the family character of the tourism industry located here by the judicious application of zoning laws;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, AS FOLLOWS:

SECTION ONE: The findings, conclusions, and statements of facts contained in the foregoing preamble are hereby adopted, ratified and incorporated in this resolution.

RES. NO. 499-05

SECTION TWO: Upon the adoption of this resolution, the Biloxi City Council does hereby memorialize the Legislature of the State of Mississippi to amend the current gaming legislation to allow casino operations to be conducted at a safe and reasonable distance, not to exceed those distances as indicated on the map attached hereto, from the mean high tide line of the Mississippi Sound, the Back Bay of Biloxi, and the Bay of St. Louis, subject to the local zoning ordinances applicable to each individual gaming site.

SECTION THREE: A certified copy of this Resolution shall be forwarded to all members of the Mississippi Legislature.

The foregoing Resolution having first been reduced to writing, was read by the Clerk and moved by Councilmember Wall, seconded by Councilmember Gemmill, and was adopted, as amended, by the following vote:

YEAS: Lawrence Wall Stallworth Gemmill Fitzpatrick Fayard

NAYS: None

ABSENT: Harrison

The President then declared the Resolution adopted, as amended, this the 26 th day of September, 2005.

(SEAL)

ATTEST: APPROVED:

_______________________________ ________________________________

CLERK OF THE COUNCIL PRESIDENT OF THE COUNCIL

Submitted to and approved by the Mayor, this the _____ day of ________, 2005.

APPROVED:

_______________________________

MAYOR