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 DRAFT  <br />10/10/18 10:10:10 PM DRAFT Page 4 of 4  <br /> B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs 141 <br />when less than 545 days remain in the term, with the exception of C) below, the Council shall by a 142 <br />majority vote appoint a qualified voter to serve until the next available municipal election date. In the 143 <br />case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, shall 144 <br />appoint a qualified voter to the office before 90 days expire after the office became vacant. 145 <br /> 146 <br /> C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If 147 <br />a vacancy occurs with less than 126 days before a municipal general election to fill the expiring term the 148 <br />vacancy shall be considered not to exist. 149 <br /> 150 <br /> 151 <br /> Section 4.06. Assumption of duties. 152 <br /> 153 <br /> Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume 154 <br />the duties of office to which they were elected on the first Monday of January following such election, 155 <br />per MN Statute 205.07, as amended. 156 <br /> Subdivision 2. Municipal Special Election 157 <br /> A) Candidates filling a vacancy shall take office at or before the next regularly scheduled 158 <br />Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 159 <br />2004; Filed October 13, 2004). 160 <br /> B) Special Advisory or Referendum Elections shall take effect immediately upon the 161 <br />County Auditor certification of the election results, unless otherwise stated in the ballot question. 162 <br /> 163 <br />Section 4.07. Severability. 164 <br /> If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all 165 <br />others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 22195) 166