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Agenda - Council - 11/10/1981
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Agenda - Council - 11/10/1981
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/10/1981
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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br />,I <br /> I <br /> I <br /> <br />-3- <br /> <br /> Commingling of revenue sharing~funds with other funds of the <br />recipient government also raises'additional questions about compliance by <br />the governmen~ with provisions., of the Revenue Sharing Act, as amended, <br />involving the Davis-Bacon ACt, nondiscrimination, etc. <br /> <br /> T~er~ore~ alp~udent' local government will provide ~or the budgeting, <br />appropriation'and disbursement of'its r~v~nue sharing funds separate <br />and distindt from its general fund. ~ <br /> <br />Public Participation Reminders <br /> <br /> Public notice of the revenue sharing proposed use hearing and <br />budget hearing must be.published in a~newspaper of general circulation <br />which serves ypur c~nit~ <br /> · . A newspaper, announcement must also be <br />>s,ej,.~p,.prowi, d~oti~ce of .the availability of the summary of the enacted <br />budget and use report for~nblic ~ins~ection. At a minimum, your government <br />should place a paid advertisement'in the newspaper to satisfy this <br />requirement, such ~oti~ ~eed not'take the form of~a legal advertisement, <br />however. Newspaper news stories and the use of other news media to <br />encourage the public to attend the hearings are commendable additional <br />steps that may be taken. <br /> <br /> Some governments have sought our permission to use other means <br />of giving notice because they are preferable in the opinion of the <br />government officials. Unfortunately, we cannot waive the statutory <br />requirements on that basis. The law provides that newspaper publication <br />may be waived in favor of another alternative method only if the use <br />of a newspaper is impractical, infeasible, or the cost is excessive. <br />Publication costs must exceed 15 percent of the amount of revenue <br />sharing funds in the proposed budget to be considered excessive. <br /> <br /> The term impractical means that newspaper publication may not <br />be useful. This may be the case if, for example, you are-served only <br />by a large metropolitan paper published some distance away and there <br />are few subscribers in your gommunity. The term infeasible means that <br />it is not possible to publish a notice in a local newspaper. This may <br />be the case if there is no newspaper circulating at all in ~our community. <br />In eithe~ c~se, a newspaper does not need to be p~blished within your <br />government's boundaries to qualify as a newspaper of general circulation <br />in your community. <br /> <br /> To grant a waiver of the newspaper publication requirement, the <br />Office of Revenue Sharing must receive a written request signed by <br />the chief executive officer. The request must indicate the conditions <br />which make newspaper publication impractical or infeasible. It must <br />also include a brief description of the alternative publication method <br />to be used in place of a notice in a newspaper. If a w~iver request <br />is based on cost, it must document that the cost of new~paper publication <br />will exceed 15 percent of the amount of revenue sharing fund~ proposed <br />for appropr£ation. The documentation may take the form of a written <br />estimate that the cost of publishing the~notices will total a specific <br /> <br />amount. <br /> <br /> <br />
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