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10/24/2011 <br /> E. The protest was altered in a way that raises a fair question as to whether <br /> the protest actually expresses the intent of a record owner or a customer <br /> of record to protest the charges. <br /> F. The protest was not received by the City Clerk before the close of the <br /> public hearing on the proposed charges. <br /> G. A request to withdraw the protest was received prior to the close of the <br /> public hearing on the proposed charges. <br /> 12. City C/erk's Decisions Final. <br /> The City Clerk's decision that a protest is not valid shall constitute a final action <br /> of the City, and shall not be subject to any internal appeal. <br /> 13. Majority Protest. <br /> A. A majority protest exists if written protests are timely submitted and not <br /> withdrawn by the record owners of, or customers of record with respect to, <br /> a majority (50% plus one) of the parcels subject to the proposed charge. <br /> B. While the City may inform the public of the number of parcels served by <br /> the City when a notice of proposed rates is mailed, the number of parcels <br /> with active customer accounts served by the City on the date of the <br /> hearing shall control in determining whether a majority protest exists. <br /> 14. Tabu/ation of Protests. <br /> At the conclusion of the public hearing, the City Clerk shall tabulate all protests <br /> received, including those received during the public hearing, and shall report the <br /> results of the tabulation to the City Council. If the total number of protests <br /> received is insufficient to constitute a majority protest, the City Clerk may <br /> determine the absence of a majority protest without validating the protests <br /> received, but may instead deem them all valid without further examination. <br /> 15. Report of Tabulation. <br /> If at the conclusion of the public hearing the City Clerk determines that he or she <br /> will require additional time to tabulate the protests, he or she shall so advise the <br /> City Council, which may adjourn the meeting to allow the tabulation to be <br /> completed on another day or days. If so, the City Council shall declare the time <br /> and place of tabulation, which shall be conducted in a place where interested <br /> members of the public may observe the tabulation, and the Council shall declare <br /> the time at which the meeting shall be resumed to receive and act on the <br /> tabulation report of the City Clerk. <br /> ATTY/RESOIReso. 2169 Prop 218 Protest RESO. # 15153 <br /> 701311 MUFF # 301 <br />