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Ordinance No. 1018 Page 2 b. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office and the special election date of subdivision 1a is not within 130 days after the date of Council's vacancy declaration, the Council, after passage of the resolutions of vacancy and special election date, shall within 30 days and by majority vote appoint a successor using the method in subdivision 1 c. In case of a tie vote of the Council,the mayor shall make said appointment by the same method as in subdivision 1 c. The appointed successor may continue to serve until a successor is elected and qualifies. If none of these persons are willing to serve then the position shall remain vacant until a special election candidate is elected and qualifies. c. The appointment shall be made from the following commissions positions in the order listed unless that person is unwilling to serve or not qualified to serve; first the Mounds View Charter Commission chair; second the Mounds View Planning Commission chair; third the Mounds View Parks Recreation and Forestry chair, fourth the Mounds View Charter Commission vice-chair. In the case of vacancy of the mayor term the appointed person shall serve as a member of the council and the acting or vice mayor will continue to serve as mayor_, for emergency powers,until the succesor mayor is elected and qualifies. While serving on the council the appointed person shall be excused from and shall not participate in their appointed commission position. The person will regain their commission position for the remaining term of their appointment to the commission. The appointed council position will expire when the successor is elected and qualifies Subdivision 4. Vacancy when fewer than 365 days remain in the term. 0 remaer- 0 the ma-yof shall make said appeintment-. Subdivision S. a. When a vacancy in an elected municipal office occurs where there are fewer than 365 days in the term and 120withi 130-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 after the last day to file for candidacy prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the 4-20130-day period before a regular municipal election, the vacancy occurs in the office of the mayor or in the office of either or both of the council members whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of calling a special the election. Candidates filing a vacancy shall take office at the next regularly scheduled council meeting following election and qualification.