10 Flashcards

1
Q

In a E.D. action, the Clerk recovers 10% of what?

A

Any interest Clerk earned by investing the CR’s deposit.

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2
Q

What notice is required to amend CP?

A

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.

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3
Q

What does LG have 10 days to do, re: selling bonds?

A

Must give notice to the public of the sale @ least 10 days in advance.

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4
Q

When are 10 day notices required?

A

(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

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5
Q

What does 10% trigger on RIPE’s financial disclosure forms? Which form?

A
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
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6
Q

What work is covered by 255.20?

A

Public Construct
Inc. bridges, roads, streets, hiways, RRs
• May req qualf
• DQ if 10% behind
• Prequl by DOT

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7
Q

How is 10% related to preferences?

A

May set up to 10% aside
+
Encourage 20% bond writing
Equal protection suit @ 30%

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8
Q

What is a UNIQUE procedural step in Muni Pub Works no found elsewhere?

A

10 days must elapse b/4 rec bids & sign K. (unique)

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9
Q

What’s the significance of $10k to 180 muni pub works?

A

MATERIALS dollar threshold requiring advertisement of Muni Pub Works materials.

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10
Q

What is exempt from competitive bidding, re: Muni Pub Works?

A

180 [MUNI PUB WRKS]

  1. Construct $25k or less
  2. Materials $10k or less.
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11
Q

Limits of 163.01 Creation + Powers of New Entity (Amended 2021)

Hint: 163.01 = Interlocal Act for services + facilities

A

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.

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12
Q

State Form 1’s Pattern.

A

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
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13
Q

Form 1’s Pattern summarized.

A

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
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14
Q

State Form 6’s Pattern.

A
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]
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15
Q

Form 6’s Pattern summarized.

A
FORM 6
-----------
$1K = everything.
1st inc:  $1k
2d inc:  $1k + 5%
assets:  $1k
crdtrs:   $1k
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16
Q

How does 10 days impact the Local Process? State the 5 keys.

A

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.

17
Q

Distinguish FLEUDRA from Local Process:
Re: Owner

A

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.

18
Q

Distinguish FLEUDRA from Local Process:
Re: Timing of Notice

A

FL: 30 days to request. LG has 10 days to give.

LP: Notice given ahead of time. 10 days aft app. before Prelim decision.

19
Q

Distinguish FLEUDRA from Local Process:
Re: Timelines

A
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.
20
Q

Distinguish FLEUDRA from Local Process:
Re: Board’s review/acceptance of SM’s report?

A
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.
21
Q

Distinguish FLEUDRA from Local Process:
Re: Standard of interpretation.

A

Everyone must act w/ strict scrutiny.

22
Q

Distinguish FLEUDRA from Local Process:
Re: Appeal

A

FL: de novo dec 30 days circuit.

LP: writ of cert 30 days.

23
Q

Distinguish FLEUDRA from Local Process:
Re: Method of Notice

A

FL: Notice is given by Sp Mast 40 days notice for 45 day hrg.
LP: Post on site PLUS Publish or Mail

24
Q

What does $10k have to do w/ the filing of Forms 1 & 6?

A
112
-----------
Failure to disclose = $10k fine + removal.
-----------
Also,
Due 7/1.
Aft 9/1, $25/day up to $10k.
25
Q

What does 10 have to do with punch lists?

A

30 days for up to $10M
60 days for over $10M

26
Q

How does 10 days impact FLUEDRA?

A
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.
27
Q

How many weeks does FMLA provide?

A

26 for military.
12 for non-military.

Giovanni gets 6.5 mos. Russell gets 3 mos.