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or the compensation for which was increased, during his/her term as mayor or councilmember. <br />Section 2.5 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be <br />deemed to exist in the case of the failure of any person elected thereto to qualify, or by reason of the death, <br />resignation in writing filed with the city clerk, removal from office, non - residence in the city, conviction of a felony <br />of any such person after his/her election, or by reason of the failure of any councilmember without good cause to <br />attend council meetings for a period of three consecutive months. In each such case, the council shall publicly <br />declare by resolution, the vacancy to exist within fifteen (15) days of its occurrence and such vacancy shall be filled <br />according to the provisions of Section 4.5. <br />2) Attorney Goodrich suggested Section 4.5 could be reviewed at the same time. That section reads as <br />follows: <br />Section 4.5 Vacancy of Municipal Elected Office <br />4.5.1 When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the <br />vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor <br />to serve for the remainder of the unexpired term of the office vacated. <br />4.5.2 The city clerk shall give at least sixty days published prior notice of such special election, except as set forth <br />under 4.5.5 of this Section. <br />4.5.3 The procedure at such election and assumption of duties of elected officers following such election shall <br />conform as nearly as practicable to that prescribed for other municipal elections under this charter. <br />4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired term, the council shall, by a <br />majority vote, appoint a successor to serve for the remainder of said term. In the case of a tie vote of the council, <br />the mayor, or acting mayor if the office of mayor be vacant, shall make the appointment from the candidates <br />involved in the tie vote. <br />4.5.5 Office Vacancy when less than eight weeks prior to primary election. <br />4.5.5.1 Special Election. When a vacancy in an elected office of the city occurs when there is less than eight weeks <br />prior to a primary election there shall be no primary election, except as provided in Section 4.5.5.3 below. The <br />special election to fill the vacancy shall coincide with the Regular Municipal Election and the notice of such <br />vacancy shall be published as soon as is practicable. <br />4.5.5.2 Vacancy in offices to be voted on in the Regular Municipal Election. If a vacancy occurs less than eight <br />weeks prior to the primary election, in the office of the mayor or the councilmembers whose seats are to be voted on <br />in the Regular Municipal Election, said vacancy shall be considered not to exist for the purpose of the Regular <br />Municipal Election. The person elected to fill the vacancy in the Regular municipal Election, if approved by <br />unanimous vote of the sitting Council, may assume the duties of the office to which elected on the first business day <br />following the City Clerk's issuance of a certificate of election to said person. <br />4.5.5.3 Vacancy in an office not to be voted on in the Regular Municipal Election. If a vacancy occurs in the office <br />of the mayor or a councilmember not standing for election in the Regular Municipal Election, a special primary <br />election and a special election shall be held in January of the subsequent year following the vacancy to fill said <br />vacancy. The election procedures for the special primary election and the special election shall be those election <br />procedures for municipal office candidates as prescribed in Minnesota Statutes and this Charter. Notwithstanding <br />Section 2.3.1 of this Charter, which provides for a four -year term for the mayor and councilmembers, the term of <br />the mayor and /or a councilmember elected pursuant to this subsection will be for the remainder of the vacant term. <br />4.5.6 If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated <br />municipal offices, the city council shall fill said offices by appointment until the next regular municipal election. In <br />