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11/5/18 16:54:49 DRAFT Page 3 of 4 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill 101 the vacancy according to Subdivision 2. 102 Or. 103 B) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 104 days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 105 vacancy and move to fill the vacancy according to Subdivision 2. 106 Or 107 C) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 108 the City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy 109 and move to fill the vacancy according to Subdivision 2. 110 111 Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 112 when filling a vacant council office. 113 114 A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 115 elected office occurs with 545 days or more remaining in the term of the vacated office the 116 Council shall pass a resolution to conduct a municipal special election at the next available special 117 election date, following all necessary procedures, to elect a successor to serve the remainder of the 118 term of the vacated office. 119 120 A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and More 121 than 126 days before a scheduled Municipal General Election. If a vacancy occurs with 122 more than 545 days remaining in the term but with less than 182 days and more than 126 123 days before a municipal general election in the office of either of the two Council members 124 whose seats are not up for re-election, the seat shall be filled by the candidate for Council 125 member with the third highest vote total, or, in the case of two vacancies, the third and 126 fourth highest vote totals of the scheduled municipal election. Where two unexpired term 127 vacancies exist, the candidate with the third highest total shall fill the vacancy in the office 128 having the longest unexpired term. 129 130 A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 131 Municipal General Election. If a vacancy occurs with less than 126 days before the municipal 132 general election date, or if there are insufficient candidates to fill all vacancies, the Council 133 will issues a resolution setting a municipal special election for the next available special 134 election date. 135 136 B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 137 less than 545 days remain in the term, with the exception of C) below, the Council shall by a 138 majority vote appoint a qualified voter to serve until the next available municipal election date. In 139 the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, 140 shall appoint a qualified voter to the office before 90 days expire after the office became vacant. 141 142 C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 143 vacancy occurs with less than 126 days before a municipal general election to fill the expiring 144 term the vacancy shall be considered not to exist. 145 146 Section 4.07. Assumption of duties. 147 148 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 149 duties of office to which they were elected on the first Monday of January following such election, per MN 150 Statute 205.07, as amended. 151