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D. Every ballot counting towards the eliminated candidate shall be advanced to the next- ranked continuing candidate. All the continuing ballots for all continuing candidates shall be counted again in a new round. SECTION 6. TIES. In the event that two or more candidates tie for the fewest number of votes, the candidate to eliminate shall be chosen by lot. SECTION 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION 8. EFFECTIVE DATE AND PUBLICATION. Pursuant to California Government Code Section 36937, and San Leandro Municipal Code Section 1-1-345, this ordinance shall be adopted and take effect immediately. The City Clerk is directed to publish the title once and post a complete copy thereof on the City Council Chamber bulletin board for five (5) days following adoption. Introduced by Councilmember Prola on this 19t" day of April, 2010, and passed to print and adopted by the following called vote: Members of the Council: AYES: Councilmembers Gregory, Prola, Reed, Stephens; Mayor Santos (5) NOES: Councilmembers Souza, Starosciak (2) ABSENT: None (0) ATTEST: ~'^~I~.~l/ l',~ -k~ Marian Handa, City Clerk 1385610.1 ORDINANCE NO. 2010-005