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Subdivision 4 . In the case of a vacancy where there remains <br /> less than 365 days in the unexpired term, the Council will by a <br /> majority vote appoint a successor to serve for the remainder of the <br /> term. In the case of a tie vote of the Council, the Mayor will <br /> make the appointment. <br /> Subdivision 5 . When a vacancy occurs within 120 days prior to <br /> a regular municipal election date, the special election to fill the <br /> vacancy will coincide with the regular election. If the vacancy <br /> occurs within sixty days prior to the regular election date, the <br /> notice of the vacancy must be published as soon as is practical. <br /> If, within the 120 day period before a regular municipal election, <br /> the vacancy occurs in the office of Mayor or in the office of <br /> either/or both of the Councilmembers whoseseats are to be decided <br /> in the election, the vacancy shall be considered not to exist for <br /> purposes of the election. However, if the vacancy occurs in the <br /> office of either/or both of the two Councilmembers whose terms are <br /> not up for election, the seat will be filled by the candidate for <br /> Councilmember with the third and fourth highest vote totals <br /> respectively. <br /> Subdivision 6 . If there are insufficient numbers of <br /> candidates in a regular or special election to fill expiring or <br /> vacated municipal offices, the City Council will fill said offices <br /> by appointment until the next regular municipal election. In the <br /> case of a tie vote of the Council, the Mayor will make the <br /> appointment. <br /> (94-2) 13 <br />