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<br />by pu blishing a notice thereof at least once in the official newspaper of the city stating the time <br />and the places of holding such election. <br /> <br />Section 4.5 Vacancy of Municipal Elected Office. <br /> <br />4.5.1 When a vacancy in an elected office of the city occurs with 365 days or more <br />remaining in the term of the vacated office, there shall be a special election held within <br />ninety days after the vacancy occurs to elect a successor to serve for the remainder of the <br />unexpired term of the office vacated. <br /> <br />4.5.2 The city clerk shall give at least sixty days published prior notice of such special <br />election, except as set fOlih under 4.5.5 of this Section. <br /> <br />4.5.3 The procedure at such election and assumption of duties of elected officers <br />following such election shall conform as nearly as practicable to that prescribed for other <br />municipal elections under this charter. <br /> <br />4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired <br />term, the council shall, by a majority vote, appoint a successor to serve for the remainder <br />of said tenl1. In the case of a tie vote of the council, the mayor, or acting mayor if the <br />office of mayor be vacant, shall make the appointment from the candidates involved in <br />the tie vote. <br /> <br />4.5.5 When a vacancy in an elected office of the city occurs within 120 days prior to a <br />regular municipal election date, the special election to fill the vacancy shall coincide with <br />the regular election. If the vacancy occurs within sixty days prior to the regular election <br />date, the notice of such vacancy shall be published as soon as is practicable. If, within <br />the 120 day period before a regular municipal election, the vacancy occurs in the office of <br />the mayor or in the office of any councilmember whose seats is to be decided in the <br />election, said vacancy shall be considered not to exist for the purposes of the election. <br />However, if such vacancy occurs in the office of either of the other two councilmembers, <br />the seat shall be filled by the candidate for councilmember with the third highest vote <br />total, or in the case of two vacancies, the third and fourth highest vote totals at the <br />upcoming election. Where two vacancies exist, the candidate with the third highest total <br />shall fill the vacancy in the office having the longest unexpired tenl1. <br /> <br />4.5.6 If there are insufficient numbers of candidates in a regular or special election to <br />fill expiring or vacated municipal offices, the city council shall fill said offices by <br />appointment until the next regular municipal election. In the case of a tie vote of the <br />council, the mayor shall make said appointment from the candidates under consideration. <br /> <br />- Section 4.2 amended by Ordinance - effective October 13, 1988 <br />- Section 4.1 & 4.2 amended by Ordinance - effective January 24, 2001 <br />- Section 4.1.1 added by General Election, November 6,2001- effective December 6,2001 <br />- Section 4.2 amended by General Election, November 6,2001- effective December 6, 2001 <br />- Section 4.2.1 Repealed effective November 14, 1994 <br />- Section 4.4 & 4.5.2 amended by Ordinance - effective January 24,2001 <br />- Section 4.5 amended by Ordinance #04-47 - effective March 3, 2005 <br /> <br />9 <br />