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Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 4.Subdivision (moved to Section 4.08) Section 4.05 Insuffici ent number of Candidates. (Was Section 4.05 Subd 6) If there are insufficient numbers of candidates in a regular municipal general or special election to fill the expiring or vacated municipalCounclmembers offices of that election, the City Council shallmay fill said offices by appointment until the next regular available municipal special election. In the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's position is vacant the Council by resolution shall set a municipal special election for the next available special election date. Section 4.056. Vacancy of Munic i pal Elected Office. Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 1) A Council member submits a resignation of office. Such vacancy shall be considered effective on the date the resignation is delivered to the City Administrator or date specified in the resignation letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the vacancy according to Subdivision 2. Or. 2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the vacancy and move to fill the vacancy according to Subdivision 2. Or 3) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by the City Administrator. The Council shall at the next meeting after receiving the certificate affirm or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2.. Subdivision 12. When a vacancy in an elected office of the City occurs with 365 426 days or more remaining in the term of the vacated office, there shall be a special election held within in no more than 126 days, if such election can be held in November, and no more than ninety-nine days, if such elec- tion is held in February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated,. Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section. Subdivision 3. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. Subdivision 4 (moved to subdivision 6). Subdivision 53. When a vacancy in an elected municipal office occurs within 120, under Subdivision 2 above, with less than 182 Days and more than 126 days prior to a regular municipal election date, the spe- cial election to fill the vacancy shall coincide with the regular municipal election under the following proce- dures. A ) If theWhen a vacancy occurs with less than in sixty 126 days prior to the regular municipal elec- tion date, the notice of such vacancy shall be published as soon as is practicable. If within the 1206 day peri- od before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered 11/4/21 10:34:45 DRAFT Page 3 of 4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149