Resolution 82-16916 RESOLUTION NO. 82-16916
A RESOLUTION OF THE CITY COMMISSION OF MIAMI
BEACH, FLORIDA DIRECTING THE CITY ATTORNEY AND
SPECIAL COUNSEL LOUIS PHILLIPS TO MOTION THE
FEDERAL BANKRUPTCY COURT FOR AN EMERGENCY HEAR-
ING ON THE ADVERSARY COMPLAINT FILED BY THE CITY
OF MIAMI BEACH. CASE NO. 82-00091 BKC-SMW
MARION RECREATION CORPORATION, DEBTOR.
WHEREAS , Marion Recreation Corporation ("Marion" ) is a
concessionaire in possession of diverse concessions at Normandy
Shores and Bayshore Golf Courses, both Miami Beach City-owned
courses; and
WHEREAS , Marion is in default in the rent owed for said
concessions in excess of $146 , 446 . 45; and
WHEREAS , Marion is daily collecting large sums of money
from its operation of said golf courses; and
WHEREAS, Marion has refused to vacate the concessions as
demanded by this City and is trespassing on City property and daily
receiving monies that are public funds and due the City for the use
of its golf courses by the public; and
WHEREAS, this City has revoked the Occupational License of
Marion by City Commission Resolution dated December 11, 1981; and
WHEREAS , trial of the City ' s Adversary Complaint has been
set for February 16th at 1: 30 p.m. , and to wait for resolution of
this matter until such date would cause irreparable harm to the
City; and
WHEREAS, all of the duly elected Commissioners and Mayor
of this City at the Commission Meeting of February 3 , 1982 have ex-
pressed their desire to testify as to this matter as soon as possi-
ble before the Federal Bankruptcy Court hearing this matter ;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
the City of Miami Beach, Florida that the City Attorney and Special
Counsel for this City Louis Phillips immediately file a Motion for
an Emergency Adversary hearing in Bankruptcy Case No. 82-00091 BKC-
SMW pending before Judge Sidney M. Weaver in order to seek a vaca-
tion of the stay order issued in this case, and to permit the City of
Miami Beach to remove Marion from its property forthwith.
PASSED and ADOPTED this 3rd day of February, 1982 .
MAYOR
ATTEST:
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CITY CLE
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APPROVED
LEGAL DEP,,
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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