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R -20 -44 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PETITION THE PORTSMOUTH CIRCUIT COURT TO HOLD A SPECIAL ELECTION ON NOVEMBER 2, 2021 TO FILL A VACANT SEAT ON CITY COUNCIL. WHEREAS, at the general election held on November 3, 2020, Councilman Shannon E. Glover was elected Mayor of the City with a term commencing January 1, 2021; and WHEREAS, Mayor -Elect Glover's current term as a Council Member expires on December 31, 2022; and WHEREAS, the Mayor -Elect intends to resign his seat as a Council Member, effective on or before commencing his term as Mayor; and WHEREAS, as a result it will be necessary to fill the Mayor- Elect's Council seat for the balance of the term; and WHEREAS, Section 24.2 -228 of the Virginia Code provides that, when a Council vacancy occurs with a term of more than a year remaining, it is necessary to hold a special election to permanently fill the vacancy; and WHEREAS, the Virginia Code further provides that the special election should be held no later than the next general election; WHEREAS, the next general election is scheduled for November 2, 2021; and WHEREAS, since a vacancy is anticipated (even though it has not yet formally occurred), City Council is authorized by Virginia Code subsection 24.2- 226(A) to file a request with the Circuit Court to begin the process of setting the special election; and WHEREAS, it is desirable to commence the process of setting the election now so that there is sufficient time to satisfy all procedural and notice requirements; and WHEREAS, this action does not limit or otherwise impair City Council's authority, once the vacancy is official, to appoint a temporary replacement to fill the seat pending qualification of the winner of the special election; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that the City Attorney is hereby authorized to file such pleadings or other materials with the Portsmouth Circuit Court as may be necessary or desirable to authorize the holding of an election on November 2, 2021 to fill the Council seat anticipated to be vacated by the Mayor - Elect for the balance of the term. ADOPTED by the Council of the City of Portsmouth, Virginia, at an electronic meeting held on December 8, 2020. Teste: City Clerk