LARRY SHEARS AND MARGARET

JUDGE: Archie L. Hayman

P37516
CASE NUMBER: 14- 103476-CZ

FRALICK, in their individual capacities,

and as class representatives of all other
similarly situated plaintiff class members.

DOUGLAS BINGAMAN, individually and in

His official capacity as Treasurer of the City of
Flint, DARNELL EARLEY, individually and
In his official capacity as Emergency Manager
Of the City of Flint, And, THE CITY OF
FLINT, MICHIGAN, a municipal corporation.

Valdemar L. Washington (P27165)

Attorney for Plaintiffs
718 Beach Street
P.O. Box 187
Flint, MI 48501-0187
810.407.6868

Peter M. Bade (P47546)

Anthony Chubb (P72608)
Attorneys for Defendant
1101 S. Saginaw S103rd Floor
Flint, MI 48502
810.766.7146

At a Session of Said Court

Held in the Courthouse
On the 7t1J.
Day of August, 2015

IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiffs' Motion for

Issuance of a Preliminary Injunction be and the same is hereby GRANTED for the
reasons stated on the Record in Open Court, which include the following:
1.

The September 16,2011 35% water and sewer rate increases, that have
been collected by the City of Flint between September 16, 2011 and the
date hereof, were not implemented in conformity with Flint City
Ordinances 46 - 52.1 and 46 - 57.1.

2.

The water readiness to serve charges that have been collected by the City
of Flint from September 16, 2011 to the date hereof are not calculated nor
authorized in accordance with Flint City Ordinance 46 - 52.

3.

The July 1,2012 12.5 % water rate increase and 45% sewer rate increase
implemented by Emergency Manager Michael Brown under Public Act 4
of 2011 were implemented in conformity with Flint City Ordinances 46 52.1 and 46 - 57.1.

4.

Following the rejection of Public Act 4 of2011 there was no Order signed
by any later Flint Emergency Manager that adopted or implemented the
September 16, 2011 water and sewer rate increases and the July 1, 2012
water and sewer rate increases.

5.

The liens placed against the real property of the City of Flint's delinquent
water and sewer customers were due to delinquencies caused by the
September 16, 2011 and July 1, 2012 water and sewer rate increases and
the charging of the water readiness to serve charges from September 16,
2011 to the date hereof.

6.

The City of Flint has disconnected the water service for its delinquent
water and sewer customers due to their failure to pay delinquencies
caused by charges related to the September 16,2011, July 1,2012, water

employees, servants, attorneys, and those other persons in active concert or participation
with it, be and the same are hereby ENJOINED, pursuant to MeR 3.310, from the
following actions, until further Order of this Court:
1.

Charging and collecting a water readiness to serve charge, also known as

the water service charge from its water and sewer customers until it
comes into compliance with Flint City Ordinance 46 - 52.

2.

Charging and collecting water and sewer rates that include the September
16,2011 35% rate increases.

3.

Disconnecting the water service for its delinquent water and sewer
customers wherein the delinquency arose between September 16, 2011
and the date hereof.

4.

Placing any further liens against the real property of its delinquent water
and sewer customers for delinquencies that occurred between September
16, 2011 and the date hereof.

5.

Taking any monies from the Water Supply Fund, which include the water
and sewer funds/payments, and using those monies to pay general
obligations.

of 1933 as recited by the Court in open Court, and provide the Court with proof of the
same by

cr(sO,

2015.

The City of Flint shall provide proof to this Court and Plaintiffs' Counsel that it is
no longer using water and sewer funds/payments to pay general obligations byr(

XJ,

the 15.7 million dollars had not been transferred to the General Fund/Lawsuit Settlement
Fund, and provide the same to the Court and Plaintiffs' Counsel by ~

2015.

ARCHIE l. HAYMAN
P-37516
ARCHIE L. HAYMAN, P37516
CIRCUIT COURT JUDGE
AUGUST 17,2015
The above Order is approved as to Form:

)
Anthony Chublj
72608
Deputy City Attorney

Valdemar L. Washington
Attorney for Plaintiffs
718 Beach Street/ P.O. Box 187
Flint, MI 48501-:0187
810.407.6868