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A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 <br />days before a Municipal General Election. If a vacancy occurs with less than 126 days before the <br />municipal general election date, or if there are insufficient candidates to fill all vacancies, the <br />Council will issues a resolution setting a municipal special election for the next available special <br />election date. <br />B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy <br />occurs when less than 545 days remain in the term, with the exception of C) below, the Council <br />shall by a majority vote appoint a qualified voter to serve until the next available municipal <br />election date. In the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor <br />position is vacant, shall appoint a qualified voter to the office before 90 days expire after the <br />office became vacant. <br />C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General <br />Election. If a vacancy occurs with less than 126 days before a municipal general election to fill <br />the expiring term the vacancy shall be considered not to exist. <br />Section 4.06. Assumption of duties. <br />Subdivision 1. For a Municipal General Election the elected and qualified officers shall <br />assume the duties of office to which they were elected on the first Monday of January following <br />such election, per MN Statute 205.07, as amended. <br />Subdivision 2. Municipal Special Election <br />A) Candidates filling a vacancy shall take office at or before the next regularly <br />scheduled Council meeting following election certification. (Amended by Ordinance 748; <br />Adopted September 27, 2004; Filed October 13, 2004). <br />B) Special Advisory or Referendum Elections shall take effect immediately upon <br />the County Auditor certification of the election results, unless otherwise stated in the ballot <br />question. <br />Section 4.07. Severability. <br />If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, <br />all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, <br />Filed 2-21-95)