1848 - Resolution - Retention of Law Offices of Timothy LeyhRESOLUTION NO. 1848
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE RETENTION OF THE LAW OFFICES OF
ATTORNEY TIMOTHY LEYH AS SPECIAL COUNSEL TO REPRESENT
THE CITY IN THE LEGAL ACTION COMMONLY KNOWN AS
MANHEIMER, et al_ v. PORT OF BREMERTON, et al., Pierce County
Superior Court Cause No. 95-2-13512-4.
WHEREAS, the City of Bremerton as third -party plaintiff has filed a legal action to join the
City of Port Orchard as a third -party defendant to the legal action commonly known as Manheimer, et al. v.
Port of Bremerton, et al., and
WHEREAS, it is the desire of the City to retain special counsel to represent the City of Port
Orchard in this lawsuit, and
WHEREAS, the law offices of attorney Timothy Lehy have agreed to represent the City of
Port Orchard in a joint defense with the City of Poulsbo in this lawsuit, and
WHEREAS, the City has received a settlement offer from Plaintiffs' legal counsel, and
WHEREAS, plaintiffs have already entered into settlement agreements with several
defendants to this action and a reasonableness hearing is scheduled in the near future for the purpose of
seeking court approval of these settlement agreements, and
WHEREAS, the City may be able to participate in the presently scheduled reasonableness
hearing should the City be able to reach a settlement agreement with the plaintiffs prior to the
reasonableness hearing, and
WHEREAS, it is in the best interests of the City to proceed with settlement of this litigation
and to participate in the pending reasonableness hearing, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE
THAT:
SECTION 1. The City Council does hereby authorize the Mayor to retain the law
offices of attorney Timothy Leyh to represent the City in the legal action commonly known as Manheimer,
et al. v. Port of Bremerton, et al, in a joint defense with the City of Poulsbo.
SECTION 2. The City Clerk, the City Attorney, and the law offices of Timothy Leyh are
authorized to submit claims to insurance carriers that provided insurance policies to the City and to seek
coverage pertaining to the City's potential liability presented by this legal action.
SECTION 3. That plaintiffs' settlement demand in the amount of $35,000.00 is a
reasonable amount, with due consideration given to plaintiffs' claim of damages, the existing settlement
agreements between plaintiffs and the other defendants to this action, and the City's potential liability, to
resolve and settle any liability the City may have with respect to plaintiffs and third -party plaintiff's claim(s)
against the City as a party to this action.
Resolution No. 1848
Page Two of Two
SECTION 4. The City Council does hereby authorize the law offices of attorney
Timothy Leyh to negotiate with plaintiffs' counsel for the purpose of entering into a settlement agreement
to resolve any and all City liability to plaintiffs and third -party plaintiff arising out of this action and to
accept plaintiffs' settlement offer of $35,000.00 on condition that any such settlement agreement shall be
tendered to the City's insurance carrier for acceptance and approval, which shall not, in the City's
determination, be unreasonably withheld.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Cleric in authentication of such passage this 8th day of February 1999.
.1-7Z
LESLIE J. WEATH LL, MAYOR
ATTEST:
Pa icia Parks, City Clerk