10 Flashcards
In a E.D. action, the Clerk recovers 10% of what?
Any interest Clerk earned by investing the CR’s deposit.
What notice is required to amend CP?
TOTAL of 2 ads for 2 PHs on wkdays (1 ad each), 1 PH held after 5 p.m. unless vote y maj + 1 (Marion)
———–
TRANSMITTAL HEARING
Weekday @ least 7 days after date of 1st ad.
ADOPTION HEARING
Weekday @ least 5 days after date of 2nd ad + 10 days after Transmittal.
What does LG have 10 days to do, re: selling bonds?
Must give notice to the public of the sale @ least 10 days in advance.
When are 10 day notices required?
(1) Sale of bonds.
(2) Post-sale issuance, must report a ‘material event’ in a ‘timely manner,’ not more than 10 business days.
(3) 1 PH on passing a non-land Ordinance.
(4) If LG adopts a Local Process Ordinance, it must require 10 notice of right to appeal Q-J decision based on CP.
(5) To amend CP, Transmittal Hearing is 7 days after 1st ad; Adoption Hearing is 5 days aft 2nd ad, 10 days aft Transmittal. TESTWORTHY
What does 10% trigger on RIPE’s financial disclosure forms? Which form?
1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth
What work is covered by 255.20?
Public Construct
Inc. bridges, roads, streets, hiways, RRs
• May req qualf
• DQ if 10% behind
• Prequl by DOT
How is 10% related to preferences?
May set up to 10% aside
+
Encourage 20% bond writing
Equal protection suit @ 30%
What is a UNIQUE procedural step in Muni Pub Works no found elsewhere?
10 days must elapse b/4 rec bids & sign K. (unique)
What’s the significance of $10k to 180 muni pub works?
MATERIALS dollar threshold requiring advertisement of Muni Pub Works materials.
What is exempt from competitive bidding, re: Muni Pub Works?
180 [MUNI PUB WRKS]
- Construct $25k or less
- Materials $10k or less.
Limits of 163.01 Creation + Powers of New Entity (Amended 2021)
Hint: 163.01 = Interlocal Act for services + facilities
Limits:
1. Consent of existing pub utility to serve in same area.
2. No ED over existing W or WW
3. If acquire by ED, 10 yrs must elapse before get title.
4. Any limits set forth in Interlocal.
State Form 1’s Pattern.
1st Inc: $2.5k OR 5%
~~~~~~
1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth
Form 1’s Pattern summarized.
1st Inc: $2.5k OR 5%
~~~~~~
1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth
State Form 6’s Pattern.
FORM 6 ----------- 1 ---------- 1+5% ---------- 1 ---------- 1 1) Income over $1k. 2) 2nd Income = over $1k AND own 5% 3) Assets over $1k. 4) Creditors owed $1k. 5) Net work [assets - creditor = new worth]
Form 6’s Pattern summarized.
FORM 6 ----------- $1K = everything. 1st inc: $1k 2d inc: $1k + 5% assets: $1k crdtrs: $1k
How does 10 days impact the Local Process? State the 5 keys.
LOCAL PROCESS
(1) Optional.
(2) w/i 10 days of Dev Ord application LG must post notice or mail to affected Os that they have rt to Q-J hearing.
(3) Hold Q-J b/4 spec master who makes recommendations to LG
(4) Hold 2nd Q-J.
(5) Aggrieved or affected by Dev Ord based on CP appeal by Writ of cert!, circuit, 30 days.
Distinguish FLEUDRA from Local Process:
Re: Owner
FLUEDRA
O unfairly burd. has 30 days to req, LG has 10 days to give Spec. Mag.
———–
LOCAL
Notice is given ahead of time - 10 days aft app.
Decision complained of is Preliminary.
O aggrieved & adversely affected by dec on CP,
O gets 2 Q-Js.
Appeal via Cert.
Distinguish FLEUDRA from Local Process:
Re: Timing of Notice
FL: 30 days to request. LG has 10 days to give.
LP: Notice given ahead of time. 10 days aft app. before Prelim decision.
Distinguish FLEUDRA from Local Process:
Re: Timelines
FL: 30 - request + 10 - give. 21 - participants. 45 - hrg w/ 40 days notice. 30 - aft SpMag decision, Permissible Uses. 165 - process. ----------- LP: 10 - aft app post on-site AND mail or publish 30 - O must appeal via writ.
Distinguish FLEUDRA from Local Process:
Re: Board’s review/acceptance of SM’s report?
FLUEDRA V. LP ----------- FL: LG can accept/reject/partial. LP: Accept findings of fact (unless no subt. comp) Accept concl of law (unless wrong law) LG interprets its own CP + LDR.
Distinguish FLEUDRA from Local Process:
Re: Standard of interpretation.
Everyone must act w/ strict scrutiny.
Distinguish FLEUDRA from Local Process:
Re: Appeal
FL: de novo dec 30 days circuit.
LP: writ of cert 30 days.
Distinguish FLEUDRA from Local Process:
Re: Method of Notice
FL: Notice is given by Sp Mast 40 days notice for 45 day hrg.
LP: Post on site PLUS Publish or Mail
What does $10k have to do w/ the filing of Forms 1 & 6?
112 ----------- Failure to disclose = $10k fine + removal. ----------- Also, Due 7/1. Aft 9/1, $25/day up to $10k.
What does 10 have to do with punch lists?
30 days for up to $10M
60 days for over $10M
How does 10 days impact FLUEDRA?
FLUEDRA ----------- Get magistrate. ------------- 30 - req, 10 - get mag, 15 - answer, 45 [40] hrg, 14 - rec 15 - notify DLA, 30 - answer/issue ltr, 45 - rejection 165 full.
How many weeks does FMLA provide?
26 for military.
12 for non-military.
Giovanni gets 6.5 mos. Russell gets 3 mos.
