A vacancy in the Council, whether it be in the office of Mayor or Councillor, shall be deemed to exist if the incumbent dies, resigns, is convicted of any infamous crime, or any offense involving violation of the official oath, fails to take and file the oath of office at or before the date of the second regular meeting of the Council held after January 1 next following the election at which elected or the second regular Council meeting held after the appointment is communicated to an appointee, or continuous absence from the City in excess of three months.
In such case, the Council, by resolution, shall declare vacancy to exist and shall within thirty days of such declaration appoint an eligible person to fill the vacated office until the next regularly scheduled Council election when the office shall be filled for the un-expired term.