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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 term. 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 /> 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 the <br /> 120 day period before a regular municipal election, the vacancy occurs in the office of the <br /> mayor or in the office of either or both of the councilmembers whose seats are to be <br /> decided in the election, said vacancy shall be considered not to exist for the purposes of <br /> the election. However, if such vacancy occurs in the office of either of the other two <br /> councilmembers, the seat shall be filled by the candidate for councilmember with the <br /> third highest vote total, or in the case of two vacancies, the third and forth highest vote <br /> totals at the upcoming election. Where two vacancies exists, the candidate with the third <br /> highest total shall fill the vacancy in the office having the longest unexpired term. <br /> 4.5.6. If there are insufficient numbers of candidates in a regular or special election to fill <br /> 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 /> Section 4.2.1 Repealed effective November 14, 1994. <br /> 8 <br />