2016-004 - The Proposition 218 Omnibus Implementation Act

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B. Assessment Ballots. The following procedures shall apply to any assessment ballot required to be provided in any assessment ballot proceeding pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. Any assessment ballot shall comply with the requirements of Article XIIID, the Proposition 218 Omnibus Implementation Act and this section. An assessment ballot required to be provided in any assessment ballot proceeding shall be mailed, together with the Notice of such proceeding, to all record owners. 2. All assessment ballots must be sealed in the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope. 3. Each assessment ballot envelope must contain a statement thereon to be signed under penalty of perjury by the person completing the assessment ballot declaring that such person is a record owner or a legally authorized representative of a record owner of the parcel to which the assessment ballot applies. Examples of legally authorized representatives include, but are not limited to, a trustee for a parcel that is owned in trust, a corporate officer authorized pursuant to corporate by-laws or resolution to act on behalf of a corporation as to a parcel owned by such corporation, a general partner authorized pursuant to a partnership agreement to act on behalf of a partnership as to a parcel owned by such partnership. Assessment ballots that are not signed shall not be tabulated. Only assessment ballots with original signatures will be accepted and tabulated. Photocopies of assessment ballots without an original signature will not be accepted and will not be tabulated. 4. All assessment ballots must be sealed in the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope. All assessment ballots must be returned by mail or otherwise delivered to the Clerk of the Council at the address (the "Return Address") specified on the assessment ballot or at the site of the public hearing pertaining to the assessment ballot proceedings. Regardless of the method of delivery, all assessment ballots must be received by the Clerk of the Council not later than the date and time specified in the Notice (the "Assessment Ballot Receipt Deadline"). The Assessment Ballot Receipt Deadline shall be the date and time of the conclusion of the public testimony at the public hearing pertaining to such assessment ballot proceedings. The Notice shall provide that if the public hearing is continued to a date and subsequent to the date and time set forth in the Notice that the Assessment Ballot Receipt Deadline shall also be continued to such subsequent date and time without further notice to the record owners. Resolution No. 2016-004 Page 3 of 7