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DRAFT 10/10/18 10:10:10 PM DRAFT Page 3 of 4 Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 98 service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 99 100 Subdivision 4. (Was Section 4.05 Subd 6) If there are insufficient numbers of candidates in a 101 regularmunicipal general or special election to fill the expiring or vacated municipal offices of that election, 102 the City Council shall fill said offices by appointment until the next regularavailable municipal special 103 election. In the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's 104 position is vacant the Council by resolution shall set a municipal special election for the next available 105 special election date. 106 107 Section 4.05. Vacancy of Municipal Elected Office. 108 Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more re-109 maining in the term of the vacated office, there shall be a special election held within ninety days after the va-110 cancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 111 112 Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such 113 special election, except as set forth under Subdivision 5 of this section. 114 115 Subdivision 3. The procedure at such election and assumption of duties of elected officers following 116 such election shall conform as nearly as practicable to that prescribed for other municipal elections under this 117 Charter. 118 119 Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired 120 term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the 121 case of a tie vote of the Council, the Mayor shall make said appointment. 122 123 Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular 124 municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the 125 vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be 126 published as soon as is practicable. If within the 120 day period before a regular municipal election, the 127 vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats 128 are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. 129 However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be 130 filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, 131 the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total 132 shall fill the vacancy in the office having the longest unexpired term. 133 134 Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 135 A) A Council member submits a resignation of office. Such vacancy shall be considered effective on 136 the date the resignation is delivered to the City Administrator or date specified in the resignation 137 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 138 vacancy according to Subdivision 2. Or 139 B) Council member is absent from Council Meetings for any reason for 90 continuous calendar days. 140 The Council shall by resolution, at its next meeting, after the 90 day absence, declare the vacancy 141 and move to fill the vacancy according to Subdivision 2. Or 142 C) Council member for any reason no longer qualifies as a voter in Mounds View, as certified by the 143 City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy and 144 move to fill the vacancy according to Subdivision 2. 145 146