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C. Tabulation of Assessment Ballots. The following procedures shall apply to the <br />tabulation of assessment ballots in any assessment ballot proceeding pursuant to <br />Article XIIID and the Proposition 218 Omnibus Implementation Act: <br />1. The City Council shall designate an impartial person to tabulate the <br />assessment ballots ( "Tabulation Official "). An impartial person is a person who <br />does not have a vested interest in the outcome of the proposed assessment and <br />may include, but is not limited to, the City Clerk. <br />2. The tabulation of the assessment ballots shall take place in an open <br />and public area. <br />3. The Tabulation Official shall determine the validity of all assessment <br />ballots. The Tabulation Official shall accept as valid all assessment ballots <br />except: <br />a. A photocopy of an assessment ballot which does not contain an <br />original signature; <br />b. An unsigned assessment ballot; <br />c. An assessment ballot received by the City Clerk after the <br />Assessment Ballot Receipt Deadline; <br />d. An assessment ballot which is not marked with an identifiable <br />"yes" or "no'; or <br />e. An assessment ballot which appears tampered with or <br />otherwise invalid based upon its appearance, method of delivery or other <br />circumstances known to the Tabulation Official. <br />The decision of the Tabulation Official, made following consultation with <br />the City Attorney and bond counsel, if any, shall be final and shall not be subject <br />to appeal to the City Council. <br />4. In the event that the Tabulation Official receives an assessment ballot <br />from more than one of the record owners of an identified parcel the amount of the <br />assessment proposed to be levied upon such parcel shall be allocated by the <br />Tabulation Official to each assessment ballot received in proportion to the <br />respective record ownership interests or, if the ownership interests are not shown <br />on the record, as established to the satisfaction of the Tabulation Official by <br />documentation provided by those record owners. <br />5. During and after the tabulation of the assessment ballots, the <br />assessment ballots shall be treated as disposable public records, as defined in <br />Government Code Section 6252. <br />Resolution No, 2016 -XXX <br />Page 5 of 8 <br />55B -69 <br />