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.
State 11 times that 10 (notices, rules, etc.) applies.
(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*
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: $2.5 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: $2.5 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 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.
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
Same.
FL: writ of cert 30 days circuit.
LP: writ of cert 30 days circuit.
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.
FINANCE ----------- How many days notice required for: (a) Sale of bond. (b) Issuance of bond.
FINANCE
(a) 10 days for sale.
(b) 30 [3rd + 5th wk] for issuance.
s
In PROCUREMENT, state 4 times that 10 (notice, rule, etc.) applies.
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.
s
In FINANCE, state 3 times that 10 (notice, rule, etc.) applies.
s
(1) $10M small issuer exemption
(2) Sale of bonds.
(3) Mat event timely mner no more 10 bus days.
s
In LAND USE, state 4 times that 10 (notice, rule, etc.) applies.
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
s
In 112, state 2 times that 10 applies.
#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.
State significance of 10 for munis.
10% petition to change Muni structure.
