Charter Resolution 1996-01 - Laserfiche WebLink

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• CITE' OF MOUNDS VIED' CHARTER CON M[SSION RESOLUTION 96-1 Whereas; Councilmember Susan. Hankner submitted a letter of resignation effective December 31, 1996 to the City Council on September 23, 1996 and, Whereas; The City Council accepted Councilmember Hankner's resignation by a simple motion adopted at the regular council meeting on September 23, 1996, and Whereas, The City Attorney determined the City Charter to be silent in describing the conditions of vacancies on the City Council and recommended the City Council follow procedures for filling council vacancies under state law, and «hereas, The City Council accepted the resignation by Councilmember Hankner to be effective December 31, 1996 and, Whereas; The City Council determined that for the purposes of the upcoming general election the vacancy is known to exist, and that it shall be filled in said general election, Whereas; The foregoing actions by the City Council appear nonconforming to the City Charter, and • Whereas; the conditions of vacancies in elected city offices are stipulated in Section 2.05 of the City Charter which states: Sec. 2.05 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the clerk -administrator, removal from office, non- residence in the city, conviction of a felony of any such person after his/her election, or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months. In each such case the council shall by resolution declare the vacancy to exist., and Wliereas; The City Charter requires in Sec. 4.05. Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated., and Whereas; The City Cowicil requires in Section 4.05 Subd. 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date.. the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If, within the 120 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 councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two councilmembers, the seat shall be filled by the candidate for councilmember 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., and Whereas; The Charter does not provide for conditional resignations by elected officials of the city, and