§ 13. Vacancies in council and office of mayor.

A. In case of vacancy in the office of mayor, the mayor pro tempore of the council shall act as mayor until such vacancy is filled as provided in this Charter. In case of a vacancy in the office of mayor, it shall be lawful and proper for the remaining members of the council to select a seventh member of such council and such seven council members shall select from among their number, one who shall be mayor. Such selection shall be had at any special session of the council called for that purpose, and the selection of such mayor thereat shall be duly noted in the minutes of the council, and upon qualification, such selected mayor shall continue in office as mayor until the expiration of the term for which the mayor has been elected or appointed. In the case of vacancy of a member of the council, the vacancy shall be filled for the unexpired term in like manner as above prescribed for filling a vacancy in the office of mayor.

B. Such vacancy shall exist except under the recall provisions of this Charter, when an elective officer fails to qualify within thirty (30) days after commencement of his or her term, dies, resigns, removes from the city, absents from the duties of office without the consent of the council as provided in this Charter, is convicted of violating any of the provisions of this Charter, or of a felony, or is judicially declared an incapacitated person as defined by statute.

C. Should a tie vote occur in an attempt to select someone to fill such vacancy, and because thereof, there shall be a failure to choose for a period of five days, the city judge shall be entitled to vote in the same manner and with the same effect as a member of the council for the sole purpose of filling the vacancy.

D. Such vacancies as hereinabove set forth, shall be filled within thirty (30) days following such vacancies.

(Ord. 2482, § 1 (part), 2007)