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1 <br /> DORSEY & WHITNEY LLP <br /> MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS <br /> NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS <br /> SEATTLE . MINNEAPOLIS,MINNESOTA 55402-1498 MISSOULA <br /> DENVER TELEPHONE_: (612) 340-2600 BRUSSELS <br /> WASHINGTON,D.C. FAX: (612) 340-2868 FARGO <br /> DES MOINES HONG KONG <br /> William R.Soth <br /> ANCHORAGE (612)340-2969 ROCHESTER <br /> LONDON Fax(612)340-7800 SALT LAKE CITY <br /> COSTA MESA soth.william@dorseylaw.com VANCOUVER <br /> November 19, 1999 <br /> 4 <br /> By Fax and Mail <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 /> rRe: Council Vacancy <br /> Dear Mayor Ranallo and Members of the Council: <br /> Mike Morrison 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 make 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 term. 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 />