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Resolution - 9626• r71 RESOLUTION NO. 9626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING FOR AUTOMATIC RECOUNT AND A SPECIAL RUN-OFF ELECTION IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION WHEREAS, the Elections Code of the State of California provides for the handling of recounts and the resolution of tie votes; and WHEREAS, the City Council has expressed its desire to set a policy for the City Clerk to commence a recount upon the conclusion and presentation of the Certificate of Canvass whenever there is a tie vote resulting in more candidates than available positions for elected office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Clerk is hereby directed to commence a recount upon conclusion and presentation of the Certificate of Canvass to the City Council when the results indicate that there are more candidates than positions being elected due to tie votes. The recount shall commence within five days of the presentation of the Certificate of Canvass to the City Council. SECTION 2. If a tie vote remains after the results of the recount have been presented to the City Council via a second Certificate of Canvass, the City Clerk is directed to present a resolution to the City Council calling for a special runoff election to break the tie. The special election shall be held as soon as possible on a Tuesday not less than 40 days nor more than 125 days after the second Certificate of Canvass has been presented to the City Council. SECTION 3. The provisions of Section 1 and Section 2 shall apply at the next ensuing municipal election scheduled for March 2, 1999 and at each municipal election thereafter. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. I I PASSED, APPROVED AND ADOPTED ON October 6, 1998. Attest: Cify Clerk Janet Berry Mayor Richard Melendez I, JANET BERRY, City Clerk of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 6a' day of October, 1998, by the following vote of the Council: AYES: Herfert, Howard, Touhey, Nelendez NOES: None ABSENT: Wong U Approved as to Form: City Clerk Janet Berry ai City'Attorney Bets Ma yn