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the remainder of said term. In the case of a tie vote of the Council, the Mayor shall make said <br />appointment. <br /> <br /> Subdivision 3. Vacancy within 120 Days Before a Regular Municipal Election Date <br />When a vacancy in an elected municipal office occurs within 120 days before a regular <br />municipal election date, the special election to fill the vacancy shall coincide with the regular <br />election. <br /> <br />a) Vacancy of an Expiring Term: If within the 120 day period before a regular <br />municipal election, the vacancy occurs in the office of the Mayor or in the office of <br />either or both of the Councilmembers whose seats are to be decided in the election, <br />said vacancy shall be considered not to exist for purposes of the election. <br /> <br />b) Vacancy of an Unexpired Term: If a vacancy occurs within 120 days before a regular <br />municipal election in the office of either of the two Councilmembers whose seats are <br />not up for re-election, the seat shall be filled by the candidate for Councilmember <br />with the third highest vote total, or, in the case of two vacancies, the third and fourth <br />highest vote totals. <br /> <br />Where two unexpired term vacancies exist, the candidate with the third highest total <br />shall fill the vacancy in the office having the longest unexpired term. <br /> <br />c) Special Election Notice within 60 days before a regular municipal election <br />If the vacancy occurs within sixty days before the regular municipal election date, the <br />notice of such vacancy shall be published as soon as is practicable. <br /> <br /> Subdivision 4: Assumption of duties <br />Candidates filling a vacancy shall take office at or before the next regularly scheduled Council <br />meeting following election certification. (Amended by Ordinance 748; Adopted September 27, <br />2004; Filed October 13, 2004). <br /> <br />Section 4.06. Insufficient numbers of candidates <br /> <br /> 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 <br />until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall <br />make said appointment. <br /> <br />