10

Question 1

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

Answer 1

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

Question 2

What notice is required to amend CP?

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

State 11 times that 10 (notices, rules, etc.) applies.

Answer 4

(1) Muni proj 180 - 10 days elapse b/w bid & K.
(2) Ktor pay subs.
(3) Failure to discl = $10k.
(4) 10 days revised inv + 4 to dispute.
(5) $10M small issuer exemption
(6) Sale of bonds.
(7) Mat event timely mner no more 10 bus days.
(8) 1 PH non-land Ordinance.
(9) Local Process - 10 day appeal Q-J on CP.
(10) FLUEDRA - get magis.
(11) To amend CP, Transmittal Hearing is 7 days after 1st ad; Adoption Hearing is 5 days aft 2nd ad, 10 days aft Transmittal.
* TESTWORTHY*

Question 5

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

Answer 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

Question 6

What work is covered by 255.20?

Answer 6

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

Question 7

How is 10% related to preferences?

Answer 7

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

Question 8

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

Answer 8

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

Question 9

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

Answer 9

MATERIALS dollar threshold requiring advertisement of Muni Pub Works materials.

Question 10

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

Answer 10

180 [MUNI PUB WRKS]

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

Question 11

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

Hint: 163.01 = Interlocal Act for services + facilities

Answer 11

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.

Question 12

State Form 1’s Pattern.

Answer 12

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

Question 13

Form 1’s Pattern summarized.

Answer 13

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

Question 14

State Form 6’s Pattern.

Answer 14

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]

Question 15

Form 6’s Pattern summarized.

Answer 15

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

Question 16

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

Answer 16

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.

Question 17

Distinguish FLEUDRA from Local Process:
Re: Owner

Answer 17

FLUEDRA
O unfairly burd. has 30 days to req, LG has 10 days to give Spec. Mag.
-----------
LOCAL
10 days aft app. give notice.
Decision complained of is Preliminary.
O aggrieved & adversely affected by dec on CP, 
O gets 2 Q-Js.
Appeal via Cert.

Question 18

Distinguish FLEUDRA from Local Process:
Re: Timing of Notice

Answer 18

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

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

Question 19

Distinguish FLEUDRA from Local Process:
Re: Timelines

Answer 19

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.

Question 20

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

Answer 20

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.

Question 21

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

Answer 21

Everyone must act w/ strict scrutiny.

Question 22

Distinguish FLEUDRA from Local Process:
Re: Appeal

Answer 22

Same.
FL: writ of cert 30 days circuit.

LP: writ of cert 30 days circuit.

Question 23

Distinguish FLEUDRA from Local Process:
Re: Method of Notice

Answer 23

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

Question 24

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

Answer 24

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

Question 25

What does 10 have to do with punch lists?

Answer 25

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

Question 26

How does 10 days impact FLUEDRA?

Answer 26

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.

Question 27

FINANCE
-----------
How many days notice required for:
(a)  Sale of bond.
(b)  Issuance of bond.

Answer 27

FINANCE

(a) 10 days for sale.
(b) 30 [3rd + 5th wk] for issuance.

Question 28

s

In PROCUREMENT, state 4 times that 10 (notice, rule, etc.) applies.

Answer 28

s

(1) Muni proj 180 - 10 days elapse b/w bid & K.
(2) Ktor pay subs.
(3) Failure to discl = $10k.
(4) 10 days aft revised inv - pay.
—
4 days aft overdue notice, deemed accepted.
—
If dispute inv, start resolution process. If don’t start, Ktor notices LG. Thereafter, if don’t dispute in 4 deemed accepted.

Question 29

s

In FINANCE, state 3 times that 10 (notice, rule, etc.) applies.

Answer 29

s

(1) $10M small issuer exemption
(2) Sale of bonds.
(3) Mat event timely mner no more 10 bus days.

Question 30

s

In LAND USE, state 4 times that 10 (notice, rule, etc.) applies.

Answer 30

s

(1) 1 PH non-land Ordinance.
(2) Local Process - post/mail/hand notice.
(3) FLUEDRA - get magis.
(4) To amend CP, Transmittal Hearing is 7 days after 1st ad; Adoption Hearing is 5 days aft 2nd ad, 10 days aft Transmittal. TESTWORTHY

Question 31

s

In 112, state 2 times that 10 applies.

Answer 31

#s
-----------
1)  Failure to discl = $10k.  [due 7/1, late 9/1, $25 day up to $1.5k]
-----------
2)  Form 1:  
$2.5K or 5% income
Reveal 10% customer own 5% & get $5K or $1.5K + 10%.
5% real prop.
$10K or 10% assets.
$10K or exc net worth, creditors.

Question 32

State significance of 10 for munis.

Answer 32

10% petition to change Muni structure.