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ORDINANCE NO. 748 is CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 4.05, SUBDIVISION 5 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 4.05, subd. 5, of the City Charter be amended by the addition of the bold and double -underlined language and by the deletion of the bG11d and StFiraken language as follows: Section 4.05 Vacancy of Municipal Elected Office. Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the 120 day period before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be • filled by the candidate for Councilmember with the third vote total, or, in the case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this 27th day of September, 2004. ATTEST: (SEAL) . APPROVED AS TO FORM: Scott Riggs, tity Attorney rich, City Clerk -Administrator