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HomeMy WebLinkAbout15.F.2. Calling a Special Election to Fill a Vacancy in Office-Res. No. 5922 IS. F. J... · CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Calling A Special Election to Fill A Vacancy in Office DATE: July 31, 2003 INTRODUCTION: City Council is asked to adopt the attached resolution calling for a special election to fill the vacancy on the City Council due to the death of Councilor Sweeney. BACKGROUND: It is necessary for City Council to call for a special election to fill the remaining two years, beginning January 1, 2004, of the four-year term of Councilor Sweeney. State law requires that a special election be held to fill a vacancy in the office of a council member with a four-year term, if the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term. The attached resolution sets the special election for November 4, 2003, the same date as the regular city election. The results of the election must be canvassed within seven days after the election. The Council meeting on November 4th may not start until 8:00 p.m., after the polls close. It has been past practice to hold the regular council meeting on the Wednesday after the election. If council desires otherwise, Paragraph 7, which provides that the canvassing will take place on November 5, 2003, will need to be amended. RECOMMENDED ACTION: Offer Resolution No. 5922, A Resolution of the City of Shakopee, Minnesota, Calling A Special Election to Fill A Vacancy in Office, and move its adoption. I:\clerk\jeanette\elections\Memospecelec RESOLUTION NO. 5922 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, CALLING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE WHEREAS, in November 2001, R. O. Sweeney was elected to serve a four-year term as City Councilmember; and WHEREAS, Councilmember Sweeney passed away in the fall of 2002; and WHEREAS, under Minnesota Stat. Sec. 412.02, because more than two years remain in Councilmember Sweeney's unexpired term, a special election must be held to fill the unexpired portion of his term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. That a special election shall be held at the next regular city election to fill the unexpired portion of Mr. Sweeney's term. 2. This special election shall be submitted to the qualified electors of the City, at a special election to be held on Tuesday, November 4,2003, between the hours of 7:00 a.m. and 8:00 p.m. at the polling places set forth in the Notice of Special Election described in paragraph 4 hereof. 3. The City Clerk is authorized and directed to cause notice ofthe election to be given as follows: (a) by posting in her office for public inspection a copy of the notice set forth in paragraph 4; (b) by publication of the notice in the official newspaper of the City, once each week for two successive weeks, stating the time of the election, the location of each polling place, and the office to be filled; (c) by publication of a sample ballot in the official newspaper of the municipality, at least one week before the election; and (d) by posting a sample ballot in her office for public inspection at least four days prior to the election and in each polling place on election day. 4. The Notice of Special Election to be published and posted as provided in paragraph 3 above shall be in substantially the following form: NOTICE OF SPECIAL ELECTION FOR COUNCIL MEMBER TO FILL VACANCY IN TERM EXPIRING DECEMBER 31,2005 CITY OF SHAKO PEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Shakopee, Minnesota, on Tuesday, November 4,2003, between the hours of7:00 a.m. and 8:00 p.m., for the purpose of voting for a council member to fill a vacancy in term expiring December 31,2005. The polling places for said election shall be as follows: Precinct Number Polling Place First Precinct Fire Station No. 50 - 334 West 2nd Avenue Second Precinct Central Family Center Gymnasium - Fifth Avenue and Lewis Street Third Precinct Presbyterian Church - 909 South Marschall Road Fourth Precinct Fire Station No. 51 - 2700 Vierling Drive East Fifth Precinct Lions Park Youth Building - 1121 West 11 th Avenue Sixth Precinct Community Center - 1255 Fuller Street Seventh Precinct Faith Lutheran Church - 150 West Both Street (CR 78 and CR 79) Eighth Precinct Calvary United Methodist Church - 2488 Vierling Drive East Ninth Precinct Cross of Peace Lutheran Church-1506 East Wood Duck Trail Tenth Precinct Red Oak Elementary School- 7700 Old Carriage Court Any qualified voter residing in the City may vote at said election, at the polling place for the precinct in which the voter resides. Dated: BY ORDER OF THE CITY COUNCIL Judith S. Cox, City Clerk 5. The sample ballot for the election shall be posted as provided in paragraph 3 and shall be in substantially the following form: SPECIAL ELECTION CITY OF SHAKOPEE, MINNESOTA NOVEMBER 4, 2003 INSTRUCTIONS TO VOTERS: Blacken the oval ( ) opposite the name of the candidate you wish to vote for. Use only the pencil provided. FOR CITY COUNCILMEMBER TO FILL VACANCY IN TERM EXPIRING DECEMBER 31,2005 6. The City Clerk is authorized and directed to cause official ballots to be printed for the use of the voters at the election, which shall be printed on white paper and shall be identical in form with the sample ballot set forth in paragraph 5 above, except that the first line ofthe official ballot shall read "OFFICIAL BALLOT". 7. The election shall be held and conducted in the manner prescribed by law. On November 5, 2003, at 7:00 o'clock p.m., this Council shall meet as a canvassing board to determine and declare the results appearing from the election returns, in accordance with law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 2003. Mayor of the City of Shakopee ATTEST: City Clerk