Did you guys go back to the court ruling to confirm whether the operative date re fee increases is Aprilor Dec 31. It
would be helpful if we could know that by the end of today.
xxxEND_PAGE:treasury01_b40_7317_7621_111
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
LARRY SHEARS AND MARGARET JUDGE: Archie L. Hayman
FRALICK, in their individual capacities, P37516
and as class representatives of all other CASE NUMBER: 14- 103476-CZ
similarly situated plaintiff class members.
PLAINTIFFS.
Vs.
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.
DEFENDANTS.
f
Valdemar L. Washington (P27165) Peter M. Bade (P47546)
Attorney for Plaintiffs Anthony Chubb (P72608)
718 Beach Street Attorneys for Defendant
P.O. Box 187 1101 S. Saginaw St. 3 Floor
Flint, MI 48501-0187 Flint, MI 48502
810.407.6868 810.766.7146
PRELIMINARY INJUNCTION
Ata Session of Said Court
Held in the Courthouse
On the 7" Day of August, 2015
PRESENT HONORABLE ARCHIE L. HAYMAN, CIRCUIT COURT JUDGE
THIS MATTER, having come on to be heard by Plaintiffs’ Motion for Issuance
of a Preliminary Injunction, the City of Flint having responded thereto, the Court having
read the same and taken testimony and received exhibits into evidence, in Open Court,
and being otherwise duly advised in the premises;
xxxEND_PAGE:treasury01_b40_7317_7621_112
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 reasons:
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.
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.
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 became void with the electors’ referendum/rejection of Public
Act 4 of 2011.
Following the rejection of Public Act 4 of 2011 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.
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 charge from September 16,
2011 to the date hereof.
xxxEND_PAGE:treasury01_b40_7317_7621_113
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
and sewer rate increases, and water readiness to serve charges.
IT IS FURTHER ORDERED AND ADJUDGED that the City of Flint, its agents,
employees, servants, attorneys, and those other persons in active concert or participation
with it, be and the same are hereby ENJOINED from the following actions, until further
Order of This Court:
lL. 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, and using those monies to pay general obligations.
xxxEND_PAGE:treasury01_b40_7317_7621_114
If IS FURTHER ORDERED AND ADJUDGED that no Security is required of
Plaintiffs herein as this matter is in the public interest as the actions of the City of Flint
that are being enjoined are actions that Defendant City of Flint has been engaged in since
September 16, 2011, which violate its own Ordinances.
IT IS FURTHER ORDERED AND ADJUDGED that the parties are to meet and
negotiate the repayment of 15.7 million dollars to the Sewer fund by the General Fund
and are to return to this Court on November 13, 2015 if they are unable to reach
agreement on the return of the 15.7 million dollars to the Sewer Fund.
The parties are to provide this Court with their proposals for repayment of the
15.7 million dollars to the Sewer fund, if they are unable to reach an agreement on the
process of repayment of the 15.7 million dollars to the Sewer fund by the General Fund
by October 31, 2015.
The City of Flint shall immediately establish funds for its water and sewer funds,
also known as the Water Supply fund, that are in compliance with the Revenue Bond Act
of 1933 as recited by the Court in open Court.
The Finance Department of Defendant City of Flint shall prepare a
document/report that creates for this Court a history of the expenditures for the Sewer
fund between 2007 and 2013 that reflects how those expenditures would have occurred if
the 15.7 million dollars had not been transferred to the General Fund/Lawsuit Settlement
Fund.
The issue of Emergency Manager Brown’s July 1, 2012 12.5% water rate increase
and 45% sewer rate increase is hereby preserved until the Court has reviewed the
document/report prepared by the City of Flint’s Finance Department.
xxxEND_PAGE:treasury01_b40_7317_7621_115
IT IS FURTHER ORDERED AND ADJUDGED that the parties shall attend a
Pre-Trial Conference for this case to be held on November 13, 2015 at 12:00 PM.
IT IS SO ORDERED
ARCHIE L. HAYMAN, P37516
CIRCUIT COURT JUDGE
AUGUST 7, 2015
The above Order is Approved as to Form:
Anthony Chubb, P 72608
Deputy City Attorney
Prepared By:
Valdemar L. Washington
Attorney for Plaintiffs
718 Beach Street/ P.O. Box 187
Flint, MI 48501-0187
810.407.6868
xxxEND_PAGE:treasury01_b40_7317_7621_116
Re: Flint lawsuit memo - Koryzno, Edward (Treasury) Page 1 of 1
Re: Flint lawsuit memo
Workman, Wayne (TREASURY)
Frt 1/8/2016 3:40 PM
To Steckelberg, Larry TREASURY) <Steckelbergl @michigan.gov>,
Ce Koryzno, Edward (Treasury) <KoryznoE@michigan,gov>; Dempkowski, Angela (Treasury) <DempkowskiA@michigan gov>,
We should ask Fred to check his files also
Sent from my Phone