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100 1) A Council member submits a resignation of office. Such vacancy shall be considered effective on 101 the date the resignation is delivered to the City Administrator or date specified in the resignation 102 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 103 vacancy according to Subdivision 2. Or. 104 2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 105 days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 106 vacancy and move to fill the vacancy according to Subdivision 2. Or 107 3) A Council member for any reason no longer, qualifies as a voter in Mounds View, as certified by 108 the City Administrator. The Council shall at the next meeting after receiving the certificate affirm 109 or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall 110 by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2.. 111 112 Subdivision 2. When a vacancy in an elected office of the City occurs with 426 days or more 113 remaining in the term of the vacated office, there shall be a special election held in no more than 126 days, 114 if such election can be held in November, and no more than ninety-nine days, if such election is held in 115 February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy occurs to elect 116 a successor to serve for the remainder of the unexpired term of the office vacated,. 117 118 119 120 121 122 (moved to subdivision 6) 123 124 Subdivision 3. When a vacancy in an elected municipal office occurs , under Subdivision 2 above, 125 with less than 182 Days and more than 126 days prior to a regular municipal election date, the special election 126 to fill the vacancy shall coincide with the regular municipal election under the following procedures. 127 A ) When a vacancy occurs with less than 126 days prior to the regular municipal election date, the 128 notice of such vacancy shall be published as soon as is practicable. If within the 126 day period before a 129 regular municipal election, such vacancy occurs in the office of either of the two Council -members unexpired 130 terms, the seat shall be filled by the candidate for Council -member with the third highest vote total, or, in the 131 case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with 132 the third highest total shall fill the vacancy in the office having the longest unexpired term. 133 B) When a vacancy occurs within the 126 day period before a regular municipal election, in the office 134 of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, 135 said vacancy shall be considered not to exist for the purposes of the election. 136 137 Subdivision 6. In the case of a vacancy where there remains less than 426 days in the unexpired term, 138 the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a 139 tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the Mayor's office, 140 then the Acting Mayor shall make said appointment. 141 142 Section 4.07. Assumption of duties. 143 144 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 145 duties of office to which they were elected on the first Monday of January following such election, per MN 146 Statute 205.07, as amended. 147 2j27j20 07:18:37 DRAFT Page 3 of 4