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11/19/99 FRI 14:52 FAX 612 340 7800 DORSEY & JIMMY 2002 <br /> ]HORSEY & WHITNEY LLP <br /> MINNQAY01AS PILLSHUhY CENTER SOUTH BILLINGS <br /> NEW YORK 220 SOUTH SIXTH ST(LF&T OkPAT PALLS <br /> SEATTLE MINNEAPOLIS,MINNESOTA 55402-1498 MISSOULA <br /> poNVEn TiatEPi-io N.E: (612) 340-2600 RkuSSELS <br /> WASWNGTON,p:c. FAX: (§12) 340-2868 FARGO . <br /> OES MOINQS MONC..KONC <br /> William R.Soth ROCHESTEa <br /> ANCHORAGE William <br /> 340-2969 <br /> LONDON Fax(612)340-7800 SALT LAKL: CITY <br /> COSTA MESA SOth.william©IIQISCyIIIW.COai VANCOUlVER <br /> November 19, 1999 <br /> R„y Fax and Mftil <br /> Mayor Ranallo and Members <br /> of the City Council <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Council Vacancy <br /> Dear Mayor Ranallo and Members of the Council: <br /> Mike Momson has informed me that a Council vacancy is expected to occur when <br /> Councilmember Cavanaugh becomes mayor in January and resigns his council position. He has <br /> requested that I advise you as to the manner in which this vacancy should be filled. <br /> This is governed by Minnesota Statutes.Section 412.02, Subd. 2a, which provides as <br /> follows: <br /> Subd 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an <br /> office shall be filled by council appointment until an election is held as provided in this <br /> subdivision. In case of a tie vote in the council,the mayor shall mLd<e the appointment. <br /> If the vacancy occurs before the first day to file affidavits of candidacy for the next <br /> regular city election and more than two years remain in the unexpired term, a special <br /> election shall be held at or before the next regular city election and the appointed person <br /> shall serve until the qualification of a successor elected at a special election to fill the <br /> unexpired portion of the teen. If the vacancy occurs on or after the first day to file <br /> affidavits of candidacy for the regular city election or when less than two years remain in <br /> the unexpired term,there need not be a special election to fill the vacancy and the <br /> appointed person shall serve until the qualification of a successor. The council must <br />