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01/15×2005 14:59 LAW OFFICE 2140 4TH RUE a 4295545 'N0.902 <br /> <br />! <br />! <br />I <br /> I <br /> <br /> I <br /> <br /> I <br /> I <br /> I <br /> <br />4.5.4. ~ the case of a vacancy where tliere remains less than 365 days in the unexpired <br />term, the co~cil shall, by a majority vote, appoint a successor to serve for the remainder <br />of said term. In the ca~e 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 v. ote. <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 spooled election to fill the va. cancy shall coincide wi'th <br />the regular election. If the vacancy occurs within s/xty days prior to the regular eIect/on <br />date, the notice of such vacancy shall be published a~ soon ~s 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 kn the o.[fice of either or both Of the cottncilmembers 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 eirfier, of-tiao o&er <br /> <br />councilmembers, .the seat shall be filled by the candi~te :~Br councilme_mber with the <br />~tl.~rd hi~est vote total, or in the_ cas, e of two vacancies, the t~.'rd and forth highest vote <br />totals at the upcoming election. Where two vacancies exists, tl'm candidate with the 'third <br />~hes~-total sfi'a/ll f~ll r. he vacancy m the o-~'fice having the longest rmexpfi:ed term. <br /> <br />4.5.6. If there are insufficient numbers of candidates in a regular or special election to fill <br />expiring er vacated municipal offices, tl~e city council shall fill said offices by <br />appoi, ntmem uatil ~e next regular murfici, pal election. ~n ~e case of a tie vote tff the <br />councit, [he mayor shall make said appointment from the candidates ~nder consideration'~ <br /> <br />· .See~tion 4.1 & 4.2 amended effective January 2~,, :2001 <br />-Section 4.2.1 repealed effective November 14, 1994 <br />--Section 4.4 & 4.5.2 amended effective Ja:nuary 24~ 2001 <br /> <br /> <br />