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City Heights Update and FAQ

Contrary to public statements made by Sean Northrop and other representatives of City Heights regarding the City’s unwillingness to meet to discuss a potential settlement in lieu of bankruptcy, it was the City that initially reached out to City Heights to schedule a mediated discussion before taking other actions, such as considering filing for bankruptcy.

The City also made, in its view, a reasonable settlement offer to City Heights prior to the arbitration.  Unfortunately, some of the funds that would have been available to pay City Heights then are no longer available because of the costs of protracted litigation with City Heights. Both prior to and subsequent to the arbitration award, City Heights refused to take a realistic view of the City’s finances, which are a matter of public record, to determine how much the City has available to pay a judgment while still providing basic public services to its citizens.

On November 18, 2024, the City’s attorney contacted City Heights’ attorney and asked for mediation with an experienced Chapter 9 bankruptcy mediator.  The scheduling of this mediation would be contingent upon City Heights’ agreement to take no action to collect on its judgment pending the mediation.

On November 22, 2024, City Heights’ counsel responded that City Heights would consider staying collection efforts if the City made a lump sum payment of $5 million.

On November 25, 2024, the City’s counsel responded to City Heights’ counsel and explained that the City lacked $5 million in available funds, could not borrow such funds with City Heights’ judgment hanging over it, and therefore the City was unable to meet the $5 million demand.

On December 16, 2024, the City provided the following settlement offer to City Heights contingent upon City Council approval and to avoid bankruptcy.  The City would pay City Heights $250,000 upon the effective date of a settlement agreement that resolves the judgment, and $250,000 on or before the anniversary date of the settlement agreement for the next 15 years.  This meant that over the course of 15 years, City Heights would receive 16 total payments of $250,000 each, totaling $4 million.

Inexplicably, Mr. Northrop has made several public comments where he has stated that the City’s offer was $250,000 over the next 10 years. The City has never made that offer and it’s unclear why this inaccurate statement has been repeated. Additionally, Mr. Northrop has falsely stated that the City has a $7 million line of credit available from which the City could make a lump sum payment. To be clear, the City does not have a $7 million dollar line of credit.

On December 19, 2024, the City Council held a Special Meeting to consider filing a Chapter 9 Petition for Bankruptcy.  The City Council voted to table discussion and decision on the filing until a later date to allow staff to continue settlement discussions with City Heights.

Throughout the end of December and through today, City Heights’ counsel corresponded by phone and email with the City’s bankruptcy attorney.

On December 24, 2024, at City Heights’ request, the City provided City Heights’ counsel with financial documentation demonstrating the City’s financial situation and showing that the City conducted a thoughtful and meaningful review to create the December 16 offer.

City Heights has requested some immediate payment from the City.  On January 3, 2025, City Heights’ counsel advised the City’s counsel that City Heights would not mediate without an up-front payment to show “good faith” by the City.

The January 14, 2025, the Cle Elum City Council meeting will include an executive session and potential action by the City Council on City Heights’ positions on mediation and settlement. The City hopes this will finally bring City Heights to the table to have a mediated, constructive discussion toward a viable path forward for both parties.

The City continues to believe that an experienced Chapter 9 bankruptcy mediator is necessary to try to bridge the gap between the parties by helping to frame realistic expectations of the likely range of outcomes if City Heights forces the City into bankruptcy.


Frequently Asked Questions

Has the City engaged with City Heights in settlement negotiations?
Contrary to public statements made by City Heights, the City has engaged in settlement negotiations with City Heights as described above.
City Heights has stated that the city currently has a $7 million line of credit that could be used to make a lump sum payment. Is this true?
No. The City had a $7 million line of credit to fund the First Street revitalization project that expired last year.  With the current judgment and potential bankruptcy, it is unlikely that a bank would loan to the City at this time.
Does the City have money in the general fund to pay the judgment?
The City’s December 16, 2024, offer to City Heights to pay $250,000/year for 15 years would be funded by the general fund and contingent upon utility tax increases.  The $250,000 figure took into account making a good faith offer to City Heights while not substantially decreasing City services to residents – such services that City Heights’ buyers will likewise need. The use of other City funds, such as water and sewer funds, is restricted by State law and such funds could not be used for settlement purposes.
Will declaring bankruptcy allow or cause a reduction in the settlement amount awarded City Heights?
Yes. The City does not have the resources to pay the City Heights judgment in full.  The City would ask the bankruptcy court to confirm a plan of debt adjustment that allows reduced payments to City Heights in line with the City’s ability to pay.
Will declaring bankruptcy stop the clock on the interest accrued on the settlement?
Yes, at least temporarily.  Given the answer to the prior question, if the City cannot be expected to pay the face amount of the judgment, it follows that the City cannot be expected to pay additional interest on top of the judgment amount.
City Heights continues to suggest that the city can be put into receivership. Is this true?
No, under Washington State law and Chapter 9 of the Bankruptcy Code, the City cannot be put into receivership.

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