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<br />I <br />I <br />I <br />I <br />I <br />I <br />I- <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <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 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 /> <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 noticeof 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 thecouncilmembers whose seats are to be <br />decided in the election, said vacancy shall be considerednotto existforthepurposeso[".c' <br />the election. However, if such vacancy occurs in the office of either of the other two <br />councihllembers, 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, tl.1e candidate with the third <br />highest total shall fill the vacancy in the office having the longest unexpired term. <br /> <br />45.6. 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 /> <br />-Section 4.1 & 4.2 amended effective January 24,2001 <br />-Section 4.2.1 repealed effective November 14,1994 <br />-Section 4.4 & 4.5.2 amended effective January 24, 2001 <br /> <br />8 <br />