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, MICIDGAN, 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

ORDER APPROVING DEFENDANTS'

PARTIAL COMPLIANCE WITH PRELIMINARY INJUNCTION
At a Session of Said Court
Held in the Courthouse
On the 31 5t Day of August, 2015

the Court on August 26,2015, attached hereto as Exhibit C.

IT IS SO ORDERED

ARCHIE L. HAYMAN
P~31516
ARCHIE L. HAYMAN, P37516
CIRCUIT COURT JUDGE
DATED: August 31, 2015

Anthony Chubb P72608

Attorney for Defendants
August 31, 2015

Valdemar L. Washington P27165

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

EMERGENCY MANAGER
CITY Ol? FLINT
GENESEE COUNTY MICHIGAN

.t\.DOPTION OF BIENNIAL BUDGET FO'R

FISCAL YEARS- 2016 AND 2017
'By THE POWER AND AUTHORITY VESTED IN THE EMERGENCY MANAGER
(!lEMa~GENCYMANAQER'1)J;<'OR TaE: CITY QFFLINT1 MICfUOAN C'CHY")
PURSUANT TOMICIllGANig P1,JBLIQACT 43:(iQF tQ12,tOC-AL p'L,'qANcrAL
STABILITY AND-CHOICE ACT) (npA436IlhGERALD-A:tv$lt9SF;,
THE EMERGENCY
MANAGER~IS8UES THE FOLLOWINGDRDER:

Pursuant

to

fil1ancia1

eIi1erg:tl,yriild

PA 436-;, the Emergency Manager has broad -powers in receiver~hipto rectify the
to assure 'the fiscai accountability Qfthe-Ci'tyand its capacity to provide
0;1:'calise to he provl:de.dnecssary services esserttIai to thepliblibhealth, sa.fetyand we1fare;and
Pursuant to P A 43'6; the:Bm~f,gency Manager acts ill place ofloeal ofJicials., speciJi!;llly the Mayqr
and CityCbunci~~ unless the Erriergehc-y Manager delegates specific authority; and
Putsual\.t to PA436)the'.EITl~rg~ncyManagt:;r shall dvelop andniayam.end a written financial
aI1d operfttlng plan for the City; tVlllcb shaJJhave the objecp:vcs of :asSilljl1g th~t the City is able to
provide Of cause to he provided governmental services,essential
to the public health, s~fety and
welfate,and assutiiigthe fiscal accoUntability bfthelocal govermnent; and
PUrSUa11f:t0: P A 436~'!n:das: ~ preci;Jt!dltion,

to-recmrpne,ndu1gthe tfa'l.1sittQllofthe City to homerule

the Emerge11CY Manager is to enact
.

with oVe):sight hya Rec.e:ivership Transition AdvisoryBO'i;lrd,

a two year budget; and

The bu4g~t being eiWGtedhas b,een dydoped in C6Jl~ertwitlI the May6r of the City Of Flint, and
the CityAdmini"stratoT, who have e{m.llnili~d to presenting this budget to the City Council tor the

pWltase of having the'CityCoX!i1cilJ;~view the'budget;,aildconduct:a

public he~l.lingOllsaid budget,
~nd to cOi).sider ament\iuenfs to sa,id budget, whidi amehdmeptsshall he presented to the MayoI-,
City Ad.J,n:J..nistrator and Receivership Transiti911 Ad'visory Bo:ardfor approval, should such Board
be established;
Based on the foregoing, it is hereby ordered that the attached Biennial Budg~t for Fiscal Years
2016 all,d 2017, including the Master Fee Schedule, is adopted ai1.d shall be effectIve July 1,2015.
Staffingred.uctions ,audl01:a4ditions sift f01;th in the Biennial Budget for Fiscal Years 2015 and
2016 shall he implemented upon direction of the Emergency Mana,ger,or by the City'
Adn:titijstrator; lfthe.re is no longer an El11ergeticy Managel'.

This Order may be amelided, modified, repealed or terminated by any subsequent Order issued
by the E)net~ency Manager.

Dated:

~lr

Ma-

GJbrose~
E1liergency Manager
GittofFIlnt

xc:

State of Michigan Department of Treasury

Mayor D&;ylieWalling
FUnt CitycoUMil.
Inez.Brown,. City Clerk

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STATE OF MICIDGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
LARRY SHEARS AND MARGARET
FRALICK, in their individual capacities,
and as class representatives of all other
similarly situated plaintiff class members,
Plaintiffs,

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.
Valdemar L. Washington (P27165)
Attorney for Plaintiffs
718 Beach Street
P.O. Box 187
Flint, MI 48501-0187

8100407.6868

Peter M. Bade (P47546)

Anthony Chubb (P72608)
Attorneys for Defendants
1101 S. Saginaw 81. 3rd Floor
Flint, MI 48502
810.766.7146

----------------------_/
NOTICE OF PARTIAL COMPLIANCE WITH PRELIMINARY INJUNCTION

"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." See
Exhibit A, Preliminary Injunction, at page 3.

(a)(l) Where the water bills are for large commercial and
industrial accounts, a readiness-to-serve charge shall apply. The
charges shall be established from time to time by resolution of the
City Council, kept on file by the City Clerk, and contained in
Appendix A of the City Code ...
(b)(1) Where the customer has a remote water meter and
the bills are for residential, small commercial and industrial
accounts, a readiness-to-serve charge shall apply. The charges
shall be established from time to time by resolution of the City
Council, kept on file by the City Clerk, and contained in Appendix
A of the City Code ... " See Exhibit B, City Ordinance 46-52.

Q:
Okay. In the subpoena, I put that you were to not only appear
today, but you were to produce a copy of the resolution of the Flint City
Councilor Emergency Manager contained in Appendix A of the City Code
kept on file with the City Clerk, referred to by the Flint Charter Section 4652, that established the water readiness-to-serve charge for water customers

between September 16th, 2011, and August 6th, 2015; do you remember
getting that subpoena, ma'am?
A.
Yes, I do.
Q. Do you remember that language, reading it in the subpoena?
A. Yes, um hmm.
Q. After you got that subpoena, what did you do?
A. I immediately had my staff research to determine if we had the
document.
Q. And what did your staff determine as a result of their search?
A. And,. of course, I checked behind the staff and Q. I'm sorry?
A. And I did check behind my staff as well.
Q. And what did you and your staff determine?
A. We determined, as of this morning, that we did not have the
particular document that you were requesting.
See Exhibit C, Transcript of November 6 hearing, at pg. 27.

"What I said though was - if you remember, what I said was that until
you put the rate - the memo in place - if you go back over there today and
you guys put it in place, you can collect; but I agree with Mr. Washington
that you have to follow the ordinance; and the ordinance provides that that
has to be put in place. So, if you go back and put that in place, then you
start collecting." See Exhibit F, Transcript of November 7 Hearing, at pg.
82.

S;f;~
Anthony Chubb (P72608)
Deputy Chief Legal Officer
City of Flint
Attorney for Defendants
1101 S. Saginaw St.
Flint, MI 48503
(810) 766-7146

PROOF OF SERViCE
li1i~t t.htl roregoina Instrument was

The undersllllltid rerti1ies

serwd upon al~partie,: to the 1ll}OWlcausa to eecfl of the aitomt:lys

of record harem at t '. as' ve ,,&:lrossesdisclosed ~

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