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Assessment ballots received by the Clerk of the Council after the <br />Assessment Ballot Receipt Deadline shall not be tabulated. This rule applies to <br />assessment ballots returned by mail in an envelope that is postmarked prior to <br />the Public Hearing Closure but are actually received by the Clerk of the Council <br />after such date and time. <br />All assessment ballots shall remain sealed and in the custody of the Clerk <br />of the Council until such assessment ballots are tabulated. The contents of an <br />assessment ballot are not subject to inspection or disclosure until the tabulation <br />of the assessment ballots. At any time prior to the Assessment Ballot Receipt <br />Deadline, however, an assessment ballot may be withdrawn or changed and <br />resubmitted by the person who signed the assessment ballot. <br />5. The Clerk of the Council may issue a replacement assessment ballot <br />to any record owner whose original assessment ballot is lost or destroyed. Any <br />such replacement assessment ballot shall be clearly marked as a replacement <br />ballot and shall be accompanied by sufficient information to enable the <br />Tabulation Official (defined below) to verify the location and ownership of the <br />property in question and the identity of the person completing and signing the <br />replacement assessment ballot in order to verify its authenticity. <br />6. If a person other than the record owner of a parcel claims to be the <br />legal owner of such parcel, such person may submit a current preliminary title <br />report, current policy of title insurance or court order evidencing such person's <br />ownership interest in such parcel to the Tabulation Official prior to the time and <br />place of the public hearing pertaining to the applicable assessment district <br />proceeding. The Tabulation Official shall be under no duty to obtain or consider <br />any other evidence of ownership of such parcel. The Tabulation Official shall <br />make a determination of the ownership of such parcel and the decision of the <br />Tabulation Official shall be final and conclusive. If the Tabulation Official <br />determines that such person is the legal owner of such parcel, the Tabulation <br />Official shall mail a replacement assessment ballot to such person or, if the <br />Tabulation Official is not the Clerk of the Council, the Tabulation Official shall <br />direct that the Clerk of the Council mail a replacement ballot to such person. <br />7. The failure of a record owner or legal owner, if other than the record <br />owner, of an identified parcel to receive an assessment ballot mailed pursuant to <br />the provisions of Section B. above shall not invalidate the assessment ballot <br />proceedings. <br />8. An assessment ballot procedure does not constitute an election or <br />voting for purposes of Article II of the California Constitution or of the Elections <br />Code. <br />Resolution No. 2016-004 <br />Page 4 of 7 <br />