§ 2.04. Vacancies in council.

In the event a vacancy occurs in the office of the Mayor or Councilman, the Council shall call a special election to fill such vacancy for the unexpired term if there remains more than six (6) months remaining in such unexpired term at the time such vacancy occurs. If such unexpired term shall be less than six (6) months and more than ninety (90) days at the time such vacancy occurs, then such vacancy shall be filled by a majority vote of the remaining members of the Council within thirty (30) days of the vacancy and the person chosen shall serve for the unexpired term only. If such vacancy occurs within ninety (90) days prior to a general City election, then no special election shall be held and no appointment shall be made to fill such vacancy.

The special election shall be held during the period not less than thirty (30) days and not more than forty (40) days after the vacancy occurs, or if not permitted by prevailing law during such period, then such election shall be held on the earliest date after such period as permitted by prevailing law.

Nominations for a special election called pursuant to this Section 2.04 shall conform to the requirements of Section 7.03 of this Charter. Filing with the City Secretary shall be within the time fixed by the ordinance calling such special election.

(Ord. No. 713, § 2, adopted 2-27-78, approved at election 4-1-78)