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1C/31/01 WED 11:06 FAX 6123402643 �y <br /> 4/ <br /> • Mayor until a special election is held to elect a person to complete the unexpired mayoral term, <br /> with such person returning to his or her position as a Council Member after the mayoral election. <br /> The vacancy in the Council position must be filled using the same procedure for filling the <br /> mayoral vacancy. The Council votes to makes the appointment,and in the event of a tie vote by <br /> the Council, the mayor makes the appointment. The Council has the option after the <br /> appointment is made to hold a special election prior to the next regular election to fill the <br /> unexpired term. If the Council determines to hold a special election, then the person appointed <br /> to fill the vacancy serves until the person elected to the Council position at the special election is <br /> qualified for office. <br /> If a Council Member who is up for reelection is reelected and then appointed Mayor prior <br /> to commencement of his new term as Council Member in January 2002,then such person is no <br /> longer qualified to accept the position as council member upon commencement of such new <br /> term. In such case there is a vacancy in such council position which must be filled using the <br /> same procedure for filling the mayoral vacancy. Since more than two years will remain in the <br /> unexpired term,the appointed Council Member serves until a special election is held at the <br /> City's next regular city election in November 2003 unless the Council determines to hold the <br /> special election on an earlier date. The next highest vote getter at the November 61'election does <br /> not become elected to such position. If a person had been appointed by the Council prior to the <br /> end of 2001 to complete such Council Member's then expiring term, such person has not been <br /> appointed for the term of office commencing in January 2002 and a new appointment is <br /> necessary once the Council seat becomes vacant again in January 2002. Such new appointment <br /> can not be made until the vacancy occurs upon the commencement of the new term in January <br /> 2002. <br /> DORSEY & WHITNEY LLP <br />