§ 3.04. City council vacancies.

If, for any reason, there is an insufficient number of certified elected candidates for the office of city council after any municipal election, or if a city council vacancy otherwise occurs, except for resignations to run for the office of mayor which should be filled as specified in subsection 3.03.c. above, such vacancies shall be filled for the unexpired portion of the term by majority vote of the remaining members of the city council, or, if the council shall fail to fill a vacancy in its membership within sixty (60) days of the occurrence of the vacancy, by appointment by a majority of the judges of the circuit court of the city.

If any person duly elected to the city council shall fail to take the oath of office prior to the first day of January following such election, he or she shall be deemed to have declined the office, and the seat shall be deemed vacant. If any person appointed to the city council to fill an unexpired term shall fail to take the oath of office within thirty days of such appointment, he or she shall be deemed to have declined the office, and the seat shall be deemed vacant.