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<br />Section 4.05. Vacancy of Municipal Elected Office. <br />Subdivision 1. When a vacancy in an elected office of the City occurs during mid-term and before or after <br />a general or a special election within seven working days there shall be a special election held within sixty <br />days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office <br />vacated. <br />Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such special <br />election on all available media sources and City newsletter, except as set forth under Subdivision 5 of this <br />section. <br />Subdivision 3. The procedure at such election and assumption of duties of elected officers following such <br />election shall conform as nearly as practicable to that prescribed for other municipal elections under this <br />Charter. <br />Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired term, the <br />Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a <br />tie vote of the Council, the Mayor shall make said appointment. <br />Subdivision 5. When a vacancy in an elected municipal office occurs within 90 days prior to a regular <br />municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the <br />vacancy occurs within 30 days prior to the regular election date, the notice of such vacancy shall be <br />published as soon as is practicable. If within the 90 day period before a regular municipal election, the <br />vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmember whose <br />seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the <br />election. However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat <br />shall be filled by the candidate for Councilmember with the second highest vote total, or, in the case of two <br />vacancies, the second and third highest vote total shall fill the vacancy in the office having the longest <br />unexpired term. Candidate filling a vacancy shall take office at or before the next regularly scheduled <br />Council member following election certification. (Amended by Ordinance 748; Adopted September 27, <br />2004; Filed October 13, 2004). <br />Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill <br />expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next <br />regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment.