The Council shall without delay declare vacant the seat of any member who shall cease to be a resident of the City. Council may also declare vacant the seat of any member who persistently fails to abide by the rules of the Council or who is otherwise guilty of misconduct affecting the performance of his/her duties as a member of Council, but such action shall be taken only upon the concurrence of five (5) members of Council at a regular meeting of Council after service of notice upon such member of such proposed action at least seventy-two (72) hours in advance of such meeting, at which he/she may present a defense.
Council vacancies shall be filled within sixty (60) days by a vote of a majority of the remaining Council members. If Council fails to fill such vacancy within sixty (60) days, the Mayor shall fill it by appointment. Such person so chosen by Council or the Mayor shall serve until December 1, following the next regular municipal Council election.