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guidance ]n this area. Subparagraph (j) of <br />rides as follows: <br /> <br />thls statute pro- <br /> <br />(J) lhe mere Intention to acquire a new residence <br />Js not sufficient to acqu1[e a new residence, <br />unless the Individual moves to that location; <br />moving to a new locatlon is not sufficient to <br />acquire a new resldence unless the Individual <br />Intends to remain there; <br /> <br />In oeneraJ, the Courts have held that "residence" Is based <br />on physical presence and intent. <br /> <br />Based upon Section 2.05 of the Charter and the Minnesota Statute <br />cited above, it would be my opinion that a vacancy of the <br />office of Mayor exists, and that the Council should declare <br />that vacancy by resolution as soon as practical. <br /> <br />Section 2.06.03 of the Charter states that the acting Mayor <br />shall perform the duties of Mayor "... in the case of vacancy <br />in the office of Mayor, until a successor has been appointed <br />and qualifies." <br /> <br />With regard to filling the vacancy, Charter Section <br />controls. Said section provides that the council shall appoint <br />a successor to serve for the remainder of the term and in addi- <br />tion, if there is a tie vote of the council, the actino Mayor <br />shall make the appointment from the canidates involved in the <br />tie vote. The Charter makes no provision as to when the Council <br />As to appoint the successor. <br /> <br />Finally, Charter Section 4.05.05 provides that a special munici- <br />pal election is not necessary since a regular municipal election <br />is scheduled within 120 days of when the vacancy is declared. <br /> <br /> <br />