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11/5/18 12:50:43 DRAFT Page 4 of 4 151 A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 152 Municipal General Election. If a vacancy occurs with less than 126 days before the municipal 153 general election date, or if there are insufficient candidates to fill all vacancies, the Council 154 will issues a resolution setting a municipal special election for the next available special 155 election date. 156 157 Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired term, the 158 Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie 159 vote of the Council, the Mayor shall make said appointment. 160 Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular 161 municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the 162 vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be 163 published as soon as is practicable. If within the 120 day period before a regular municipal election, the 164 vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats 165 are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. 166 However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be 167 filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, 168 the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total 169 shall fill the vacancy in the office having the longest unexpired term. 170 171 B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 172 less than 545 days remain in the term, with the exception of C) below, the Council shall by a 173 majority vote appoint a qualified voter to serve until the next available municipal election date. In 174 the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, 175 shall appoint a qualified voter to the office before 90 days expire after the office became vacant. 176 177 C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 178 vacancy occurs with less than 126 days before a municipal general election to fill the expiring 179 term the vacancy shall be considered not to exist. 180 181 Section 4.07. Assumption of duties. 182 183 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 184 duties of office to which they were elected on the first Monday of January following such election, per MN 185 Statute 205.07, as amended. 186 187 Subdivision 2. Municipal Special Election 188 A) Candidates filing filling a vacancy shall take office at or before the next regularly scheduled 189 Council meeting following election certification. (Amended by Ordinance 748; Adopted 190 September 27, 2004; Filed October 13, 2004). 191 192 B) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 193 certification of the election results, unless otherwise stated in the ballot question. 194 195 Section 4.08. (was Section 4.02 Subd 4) Severability. 196 If any part of this section Chapter shall be declared unconstitutional by the court(s) of Minnesota, all 197 others shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 198 199 200