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not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two Council-members Councilmembers unexpired terms, the seat shall be filled by the candidate for Council- memberCouncilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. B) When a vacancy occurs Ifwithin the 1206 day period before a regular municipal election, the vacancy occurs in the office of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, said vacancy shall be considered not to exist for the purposes of the election. Subdivision 6. In the case of a vacancy where there remains less than 365426 days in the unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the May- or's office, then the Acting Mayor shall make said appointment. Section 4.07. Assumption of duties. Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the duties of office to which they were elected on the first Monday of January following such election, per MN Statute 205.07, as amended. Subdivision 2. Municipal Special Election Subdivision 5 Candidates filing filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 2004). A)Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor certification of the election results, unless otherwise stated in the ballot question. Section 4.08. (was Section 4.02 Subd 4) Severability. If any part of this section Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 11/4/21 10:34:45 DRAFT Page 4 of 4 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182