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11/5/18 12:50:43 DRAFT Page 3 of 4 Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 100 service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 101 102 Subdivision 4.Section 4.05 Insufficient number of Candidates. (Was Section 4.05 Subd 6) If there are 103 insufficient numbers of candidates in a regular municipal general or special election to fill the expiring or 104 vacated municipal offices of that election, the City Council shall fill said offices by appointment until the 105 next regular available municipal special election. In the case of a tie vote of the Council, the Mayor shall 106 make said appointment. If the Mayor's position is vacant the Council by resolution shall set a municipal 107 special election for the next available special election date. 108 109 Section 4.056. Vacancy of Municipal Elected Office. 110 111 Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 112 A) A Council member submits a resignation of office. Such vacancy shall be considered effective on 113 the date the resignation is delivered to the City Administrator or date specified in the resignation 114 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill 115 the vacancy according to Subdivision 2. Or. 116 B) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 117 days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 118 vacancy and move to fill the vacancy according to Subdivision 2. Or 119 C) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 120 the City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy 121 and move to fill the vacancy according to Subdivision 2. 122 123 Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 124 when filling a vacant council office. 125 126 Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more 127 remaining in the term of the vacated office, there shall be a special election held within ninety days after the 128 vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 129 Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such 130 special election, except as set forth under Subdivision 5 of this section. 131 Subdivision 3. The procedure at such election and assumption of duties of elected officers following 132 such election shall conform as nearly as practicable to that prescribed for other municipal elections under this 133 Charter. 134 135 A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 136 elected office occurs with 545 days or more remaining in the term of the vacated office the 137 Council shall pass a resolution to conduct a municipal special election at the next available special 138 election date, following all necessary procedures, to elect a successor to serve the remainder of the 139 term of the vacated office. 140 141 A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and More 142 than 126 days before a scheduled Municipal General Election. If a vacancy occurs with 143 more than 545 days remaining in the term but with less than 182 days and more than 126 144 days before a municipal general election in the office of either of the two Council members 145 whose seats are not up for re-election, the seat shall be filled by the candidate for Council 146 member with the third highest vote total, or, in the case of two vacancies, the third and 147 fourth highest vote totals of the scheduled municipal election. Where two unexpired term 148 vacancies exist, the candidate with the third highest total shall fill the vacancy in the office 149 having the longest unexpired term. 150