N.Y. TWN Law § 341 — New York Code / Act TWN / Article 19 / Section 341
Temporary provisions and saving clause
Status: in_force

§ 341. Temporary provisions and saving clause. 1. If, at the time this\nsection takes effect, a town shall have an assessed valuation of ten\nmillion dollars or more as shown by the latest completed assessment-roll\nthereof, or adjoins a city having a population of three hundred thousand\nor more, as shown by the latest federal or state census or enumeration,\nor if such town has a population of five thousand or more, and less than\nten thousand, such town may become a town of the first class on and\nafter January first, nineteen hundred thirty-four, if it be so\ndetermined as herein provided. Such population shall be determined in\naccordance with the decennial federal census of nineteen hundred thirty.\nNot later than June fifteenth, nineteen hundred thirty-three, the town\nboard of such town may adopt a resolution that the town shall be a town\nof the first class, which resolution shall be subject to referendum as\nherein provided. Within four days after the adoption of any such\nresolution, the town clerk shall cause copies thereof to be posted in\nten public places in the town, with a statement of the date of its\nadoption. Within fourteen days after the adoption of such resolution, a\npetition may be filed requiring such resolution to be submitted to the\nelectors of the town, qualified to vote thereon, for their approval. The\nform of the question to be submitted thereon shall be "Shall the\nresolution of the town board of the town of ......... that the town\nbecome a town of the first class, be approved?" If no such resolution\nshall have been adopted within the time above provided, a petition may\nbe filed, not later than June twenty-ninth, nineteen hundred\nthirty-three, requiring the submission to such electors of the\nproposition "Shall the town of ............ become a town of the first\nclass?" A petition for any of the above purposes shall be filed with the\ntown clerk, and shall be signed and duly acknowledged by at least one\nhundred electors of the town, qualified to vote on the question or\nproposition. The question or proposition for which the petition shall\nhave been filed shall be submitted by the town board at a special town\nmeeting to be held at a time, not later than August first, nineteen\nhundred thirty-three, and at such place or places in the town, as may be\nfixed by the town board. Notice of the election shall be given, such\nmeeting held and the votes canvassed and result certified and returned\nin the manner provided by the provisions of the town law relating to\nspecial town meetings as in force immediately prior to the taking effect\nof this section. Only a qualified elector of the town owning property in\nthe town assessed upon the last preceding assessment-roll thereof shall\nbe allowed to vote at such meeting. If the town board shall have adopted\nsuch a resolution and no petition shall have been filed, within the time\nabove provided, for a referendum thereon, or if a majority of the votes\ncast on any proposition or question submitted as herein provided be in\nthe affirmative, such town shall be a town of the first class on January\nfirst, nineteen hundred thirty-four, and all of the provisions of this\nact applying to such a town shall apply thereto. If, by any method above\nprescribed, it shall have been determined that such a town is to be in\nthe first class, the supervisor and town clerk not later than August\nfifteenth, nineteen hundred thirty-three, shall make and file in the\noffices of the department of state and department of audit and control\ntheir affidavit in duplicate setting forth the facts showing such\ndetermination and the manner in which it was effected. If such town, as\nthe result of such a resolution or election, is to become a town of the\nfirst class, and party candidates for town offices are nominated at fall\nprimaries, the designating petitions under the election law shall be\nonly for elective offices of a town of such class. However, a\ndesignating petition, properly signed and executed, when offered for\nfiling to the board of elections shall be received if it pertains to any\ntown offices of a town of the first class which may be filled at the\nbiennial town meeting in the year nineteen hundred thirty-three, and the\nname and title of office of a candidate designated therein for\nnomination to a town office which cannot be filled at such biennial town\nmeeting, or for a term for which an officer may not be voted for\nthereat, and the names and titles of offices of candidates designated\nfor more offices of the same kind than may be voted for at such town\nmeeting, shall be deemed stricken from such petition and to be no part\nthereof.\n  2. Not later than June fifteenth, nineteen hundred thirty-three, the\ntown board of any town may adopt a resolution that the office of town\nclerk shall be an appointive office in such town, which resolution shall\nbe subject to referendum as herein provided. Within four days after the\nadoption of any such resolution, the town clerk shall cause copies\nthereof to be posted in ten public places in the town, with a statement\nof the date of its adoption. Within fourteen days after the adoption of\nsuch resolution, a petition may be filed, requiring such resolution be\nsubmitted to the electors of the town, for their approval. The form of\nthe question to be submitted thereon shall be "Shall the resolution of\nthe town board of the town of .........., that the office of town clerk\nshall be an appointive office, be approved?" If no such resolution shall\nhave been adopted within the time above provided, a petition may be\nfiled not later than June twenty-ninth, nineteen hundred thirty-three,\nrequiring the submission to such electors of the proposition "Shall the\noffice of town clerk be an appointive office?" A petition for any of the\nabove purposes shall be filed with the town clerk, and shall be signed\nand duly acknowledged by at least one hundred electors of the town. The\nquestion or proposition for which the petition shall have been filed\nshall be submitted by the town board at a special town meeting to be\nheld at a time, not later than August first, nineteen hundred\nthirty-three, and at such place or places in the town, as may be fixed\nby the town board. Notice of the election shall be given, such meeting\nheld and the votes canvassed and result certified and returned in the\nmanner provided by the provisions of the town law relating to special\ntown meetings as in force immediately prior to the taking effect of this\nsection. Every elector of the town shall be entitled to vote at such\nmeeting. If the town board shall have adopted such a resolution and no\npetition shall have been filed, within the time above provided, for a\nreferendum thereon, or if a majority of the votes cast on any\nproposition or question submitted as herein provided be in the\naffirmative, the office of town clerk shall thereafter be an appointive\noffice in such town and no town clerk shall be elected at the biennial\ntown meeting in the year nineteen hundred thirty-three, and upon the\nexpiration of the term of office of the town clerk for whom no successor\nshall be elected, the town board shall appoint a town clerk who shall\ntake and hold office for the term provided by this chapter.\n  3. Not later than June fifteenth, nineteen hundred thirty-three, the\ntown board of any town may adopt a resolution that the office of town\nsuperintendent of highways shall be an appointive office in such town,\nwhich resolution shall be subject to referendum as herein provided.\nWithin four days after the adoption of any such resolution, the town\nclerk shall cause copies thereof to be posted in ten public places of\nthe town, with a statement of the date of its adoption. Within fourteen\ndays after the adoption of such resolution, a petition may be filed\nrequiring such resolution be submitted to the electors of the town, for\ntheir approval. The form of the question to be submitted thereon shall\nbe "Shall the resolution of the town board of the town of ............,\nthat the office of town superintendent of highways shall be an\nappointive office, be approved?" If no such resolution shall have been\nadopted within the time above provided, a petition may be filed not\nlater than June twenty-ninth, nineteen hundred thirty-three, requiring\nthe submission to such electors of the proposition "Shall the office of\ntown superintendent of highways be an appointive office?" A petition for\nany of the above purposes shall be filed with the town clerk, and shall\nbe signed and duly acknowledged by at least one hundred electors in a\ntown of the first class, and by at least twenty-five electors in a town\nof the second class. The question or proposition for which the petition\nshall have been filed shall be submitted by the town board at a special\ntown meeting to be held at a time, not later than August first, nineteen\nhundred thirty-three, and at such place or places in the town, as may be\nfixed by the town board. Notice of the meeting shall be given, such\nmeeting held and the votes canvassed and result certified and returned\nin the manner provided by the provisions of the town law relating to\nspecial town meetings, as in force immediately prior to the taking\neffect of this section. Every elector of the town shall be entitled to\nvote at such meeting. If the town board shall have adopted such\nresolution and no petition shall have been filed, within the time above\nprovided, for a referendum thereon, or if a majority of the votes cast\non any proposition or question submitted as herein provided be in the\naffirmative, the office of town superintendent of highways shall\nthereafter be an appointive office in such town, and no town\nsuperintendent of highways shall be elected at the biennial town meeting\nin the year nineteen hundred thirty-three, and upon the expiration of\nthe term of office of the town superintendent of highways for whom no\nsuccessor shall be elected, the town board shall appoint a town\nsuperintendent of highways who shall take and hold office for the term\nprovided by this chapter.\n  3-a. Not later than June fifteenth, nineteen hundred thirty-three the\ntown board of any town which is to be in the first class may adopt a\nresolution that the number of council members to be elected shall be\nreduced from four to two, which resolution shall be subject to\nreferendum as herein provided. Within four days after the adoption of\nany such resolution, the town clerk shall cause copies thereof to be\nposted in ten public places of the town, with a statement of the date of\nits adoption. Within fourteen days after the adoption of such\nresolution, a petition may be filed requiring that such resolution be\nsubmitted to the electors of the town, for their approval. The form of\nthe question to be submitted thereon shall be "Shall the resolution of\nthe town board of the town of ............., that the number of council\nmembers to be elected be reduced from four to two, be approved?"  If no\nsuch resolution shall have been adopted within the time above provided,\na petition may be filed not later than June twenty-nine, nineteen\nhundred thirty-three, requiring the submission to such electors of the\nproposition "Shall the resolution of the town board of the town of\n.............., that the number of council members to be elected be\nreduced from four to two, be approved?"  A petition for any of the above\npropositions shall be filed with the town clerk and shall be signed and\nduly acknowledged by at least one hundred electors of the town. The\nquestion or proposition for which the petition shall have been filed\nshall be submitted by the town board at a special town meeting to be\nheld at a time, not later than August first, nineteen hundred\nthirty-three and at such place or places in the town as may be fixed by\nthe town board. Notice of the meeting shall be given, such meeting held\nand the votes canvassed and results certified and returned in the manner\nprovided by the provisions of the town law relating to special town\nmeetings, as in force immediately prior to the taking effect of this\nsection. Every elector of the town shall be entitled to vote at such\nmeeting. If the town board shall have adopted such a resolution and no\npetition shall have been filed, within the time above provided, for a\nreferendum thereon, or if a majority of the votes cast on any\nproposition or question submitted as herein provided be in the\naffirmative, such town shall have only two town council members and\nparty nominations for such offices made, and designating petitions filed\nand two town council members shall be elected at the biennial town\nmeeting in the year nineteen hundred thirty-three, one for a term of two\nyears and one for a term of four years and thereafter at each biennial\ntown election in such town there shall be elected one town council\nmember for a term of four years, in the same manner as other elective\ntown officers in such town.\n  4. The next biennial town meeting and election of town officers in\nevery town of the state shall be held on the first Tuesday after the\nfirst Monday in November in the year nineteen hundred thirty-three. It\nshall be conducted by the officers conducting the general election, and\nbe held at the same places and during the same hours as such election;\nand the laws governing town meetings held at the time of the general\nelection shall apply. The town officers to be elected thereat shall be\nthose and only those elective town officers of a town of the class to\nwhich the town shall belong, under the provisions of this chapter, on\nJanuary first, nineteen hundred thirty-four. They shall be so elected\nfor the terms prescribed by this chapter, and such terms shall begin on\nsuch first day of January, nineteen hundred thirty-four, except that the\nterms of collectors shall begin on the day following such election.\nNothing herein, however, shall be construed to require the appointment\nof three assessors in a town of the first class nor the election of\nthree assessors in a town of the second class, if on or before June\nfirst, nineteen hundred thirty-three, such town shall have reduced the\nnumber of its assessors from three to one, pursuant to the provisions of\nchapter four hundred seventy-eight of the laws of nineteen hundred\ntwenty-five, and in such a town no assessor shall be elected at the\nbiennial town meeting in the year nineteen hundred thirty-three. Nothing\nherein, however, shall be construed to require the election of a\nsuperintendent of highways in a town which shall have adopted a\nproposition that thereafter such town superintendent shall be appointed\nby the town board, pursuant to the provisions of section forty-one of\nthe highway law, and in such town no superintendent of highways shall be\nelected at the biennial town meeting in the year nineteen hundred\nthirty-three. The provisions of this subdivision shall not apply to\ntowns in the county of Broome.\n  5. In a town which is to be in the first class, but one justice of the\npeace shall be elected for a full term at such biennial town meeting for\nthe year nineteen hundred thirty-three, and but one for a full term at\neach biennial town election thereafter. The town board of any such town,\nhowever, may adopt a resolution on or before June fifteenth, nineteen\nhundred thirty-three, determining that no justice of the peace shall be\nelected at the biennial town meeting for the year nineteen hundred\nthirty-three. If the town board shall adopt such a resolution within the\ntime specified, no justice of the peace shall be elected at the biennial\ntown meeting of such town for the year nineteen hundred thirty-three,\nand two justices of the peace shall be elected for a full term each at\nthe biennial town election in the year nineteen hundred thirty-five and\ntwo justices of the peace shall be elected at every second biennial town\nelection held thereafter. No provision of this chapter shall be\nconstrued to abridge the term of a justice of the peace heretofore\nelected in any town of the first class. Not later than August first,\nnineteen hundred thirty-three, the town board of any town which is to be\nin the first class and which shall have a population of thirty-five\nthousand or more, according to the latest federal census or state\nenumeration, may adopt a resolution determining that such town shall\nhave four justices of the peace. If the town board shall have adopted\nsuch a resolution, such town shall have four justices of the peace and\nparty nominations for such offices shall be made and designating\npetitions may be filed and two justices of the peace shall be elected at\nthe biennial town meeting in the year nineteen hundred thirty-three and\nat each biennial town election thereafter, in the same manner as other\nelective town officers in such town.\n  5-a. 1. At the biennial town election to be held on the seventh day of\nNovember, nineteen hundred thirty-nine, and at each biennial town\nelection held thereafter in each town of the second class, except as\notherwise provided herein, there shall be elected one justice of the\npeace for the full term prescribed by law and one town council member\nfor a term of four years to begin on the first day of January next\nsucceeding the election at which they were elected, and party\nnominations for such offices shall be made and designating petitions may\nbe filed and such officers shall be elected in the same manner as other\nelective officers in such town. During the period from January first,\nnineteen hundred forty until January first, nineteen hundred forty-two,\nthe supervisor, the three justices of the peace and the town council\nmember of such town shall constitute the town board thereof. On the\nfirst day of January, nineteen hundred forty-two and thereafter, the\nsupervisor, the two justices of the peace and the two town council\nmembers shall constitute such town board.\n  2. At the biennial town election to be held in the year nineteen\nhundred forty in each town in the county of Broome and at each biennial\ntown election held in such towns thereafter, there shall be elected one\njustice of the peace for the full term prescribed by law and one town\ncouncil member for a term of four years to begin on the first day of\nJanuary next succeeding the election at which they were elected, and\nparty nominations for such offices shall be made and designating\npetitions may be filed and such officers shall be elected in the same\nmanner as other elective town officers in such town. During the period\nfrom January first, nineteen hundred forty-one until January first,\nnineteen hundred forty-three, the supervisor, the three justices of the\npeace and the town council member of such town shall constitute the town\nboard thereof. On the first day of January, nineteen hundred forty-three\nand thereafter, the supervisor, the two justices of the peace and the\ntwo town council members shall constitute such town board.\n  3. The provisions of this subdivision shall not apply to a town having\nless than three hundred inhabitants according to the latest federal\ncensus and having a taxable property valuation of less than one hundred\nthousand dollars according to the latest assessment roll.\n  4. The provisions of this subdivision shall not apply to a town having\nmore than four justices of the peace pursuant to law.\n  5. Notwithstanding the provisions of paragraph one of this\nsubdivision, the town board of any town required thereby to elect one\njustice of peace and one town council member at the biennial election to\nbe held on the seventh day of November, nineteen hundred thirty-nine,\nmay adopt a resolution on or before but not later than the first day of\nJuly, nineteen hundred thirty-nine, determining that there shall be\nelected at the biennial town election of nineteen hundred thirty-nine,\ntwo justices of peace for the full term prescribed by law but no town\ncouncil member.  If the town board shall adopt such a resolution, the\ntown clerk shall cause a certified copy thereof to be filed in the\noffice of the board of elections of said county on or before the tenth\nday of July, nineteen hundred thirty-nine, and party nominations for the\noffices of justice of peace shall be made and designating petitions may\nbe filed and two justices of peace shall be elected at said biennial\ntown election of nineteen hundred thirty-nine, in the same manner as\nother elective town officers in such town.\n  In any such town in which two justices of peace shall be so elected at\nthe biennial town election held in the year nineteen hundred\nthirty-nine, there shall be elected at the biennial town election held\nin the year nineteen hundred forty-one and at every biennial town\nelection thereafter, one justice of peace and one town council member\nfor the terms and in the manner prescribed in said paragraph one of this\nsubdivision.\n  6. The town board of any town which shall have adopted a resolution\npursuant to paragraph five of this subdivision, determining that two\njustices of peace shall be elected at the biennial town election to be\nheld on the seventh day of November, nineteen hundred thirty-nine, may\nalso adopt a resolution on or before but not later than the first day of\nJuly, nineteen hundred thirty-nine, determining that the following\nproposition shall be submitted to the electors of such town at said\nbiennial town election of nineteen hundred thirty-nine, to wit: "Shall\nthe number of justices of peace in this town be reduced from four to two\nby the election of one justice of peace and one town council member for\nterms of four years each at the biennial town elections to be held in\nthe years nineteen hundred forty-one and nineteen hundred forty-three\nand at each biennial town election thereafter, and shall the town board\nof this town consist of the supervisor and such justices of peace and\ntown council member?" The town board shall give notice of the submission\nof such proposition and such proposition shall be submitted in the\nmanner provided in article six of this chapter for the submission of\npropositions at special or biennial town elections. The polls shall\nremain open during the hours fixed for the election of town officers.\nEvery elector of the town qualified to vote at such election for town\nofficers shall be entitled to vote upon the foregoing proposition. The\nvotes upon such proposition shall be canvassed and certified to the town\nclerk in the manner provided in section eighty-three of this chapter. If\na majority of the votes cast in such town upon such proposition shall be\nin the affirmative, there shall be elected at the biennial town election\nheld in the year nineteen hundred forty-one and at every biennial town\nelection thereafter, one justice of peace and one town council member\nfor the terms and in the manner prescribed in paragraph one of this\nsubdivision. If a majority of the votes cast in such town upon such\nproposition shall not be in the affirmative there shall be elected at\nthe biennial town election held in the year nineteen hundred forty-one\nand at every biennial town election thereafter, two justices of peace\nfor the full term prescribed by law, but no town council member.\n  7. Notwithstanding the provisions of paragraph two of this\nsubdivision, the town board of any town in the county of Broome required\nthereby to elect one justice of peace and one town council member at the\nbiennial election to be held in the year nineteen hundred forty, may\nadopt a resolution on or before but not later than the first day of\nJuly, nineteen hundred forty, determining that there shall be elected at\nthe biennial town election of nineteen hundred forty, two justices of\npeace for the full term prescribed by law but no town council member. If\nthe town board shall adopt such a resolution, the town clerk shall cause\na certified copy thereof to be filed in the office of the board of\nelections of said county on or before the tenth day of July, nineteen\nhundred forty, and party nominations for the offices of justice of peace\nshall be made and designating petitions may be filed and two justices of\npeace shall be elected at said biennial town election of nineteen\nhundred forty, in the same manner as other elective town officers in\nsuch town.\n  In any such town in which two justices of peace shall be so elected at\nthe biennial town election held in the year nineteen hundred forty,\nthere shall be elected at the biennial town election held in the year\nnineteen hundred forty-two and at every biennial town election\nthereafter, one justice of peace and one town council member for the\nterms and in the manner prescribed in paragraph two of this subdivision.\n  The town board of any town which shall have adopted a resolution\npursuant to this paragraph, determining that two justices of peace shall\nbe elected at the biennial town election to be held in the year nineteen\nhundred forty, may also adopt a resolution on or before but not later\nthan the first day of July, nineteen hundred forty, determining that the\nfollowing proposition shall be submitted to the electors of such town at\nsaid biennial town election of nineteen hundred forty, to wit: "Shall\nthe number of justices of peace in this town be reduced from four to two\nby the election of one justice of peace and one town council member for\nterms of four years each at the biennial town elections to be held in\nthe years nineteen hundred forty-two and nineteen hundred forty-four and\nat each biennial town election thereafter, and shall the town board of\nthis town consist of the supervisor and such justices of peace and town\ncouncil member or council members?" The town board shall give notice of\nthe submission of such proposition and such proposition shall be\nsubmitted in the manner provided in article six of this chapter for the\nsubmission of propositions at special or biennial town elections. The\npolls shall remain open during the hours fixed for the elections of town\nofficers. Every elector of the town qualified to vote at such election\nfor town officers shall be entitled to vote upon the foregoing\nproposition. The votes upon such proposition shall be canvassed and\ncertified to the town clerk in the manner provided in section\neighty-three of this chapter. If a majority of the votes cast in such\ntown upon such proposition shall be in the affirmative, there shall be\nelected at the biennial town election held in the year nineteen hundred\nforty-two, and at every biennial town election thereafter, one justice\nof peace and one town council member for the terms and in the manner\nprescribed in paragraph two of this subdivision. If a majority of the\nvotes cast in such town upon such proposition shall not be in the\naffirmative there shall be elected at the biennial town election in the\nyear nineteen hundred forty-two and at every biennial town election\nthereafter, two justices of peace for the full term prescribed by law,\nbut no town council member.\n  6. If the town board of any town, shall be required to submit to the\nqualified electors of the town more than one question or proposition\npursuant to the provisions of any subdivision of this section, all of\nsuch questions or propositions shall be submitted at a special town\nmeeting to be held at the same time, not later than August first,\nnineteen hundred thirty-three, at such place or places in the town, as\nmay be fixed by the town board.\n  7. Nothing contained in this chapter shall be construed to require the\nelection, in a town which is to belong in the second class, of two\njustices of the peace for full terms at such biennial town meeting in\nthe year nineteen hundred thirty-three, if heretofore two justices of\nthe peace shall have been elected for full terms to begin January first,\nnineteen hundred thirty-four.\n  8. In a town which is to belong in the second class, only four\njustices of the peace heretofore or hereafter elected for terms or parts\nof terms expiring not earlier than December thirty-first, nineteen\nhundred thirty-five, or justices appointed or to be appointed or to be\nelected pursuant to law, to fill vacancies in their offices, shall be\nmembers of the town board.\n  9. The term of every elective town officer, other than justice of the\npeace, heretofore elected shall expire on the thirty-first day of\nDecember, nineteen hundred thirty-three, unless the office be one having\na four year term and be one that is continued as an elective office,\nwith a like term, after the first day of January, nineteen hundred\nthirty-four, and the officer was elected for a term expiring on or after\nthe thirty-first day of December, nineteen hundred thirty-five, in which\ncase the term of such officer, other than justice of the peace, shall\nexpire on that day, except that collectors heretofore elected for a term\nexpiring before the biennial town election in the year nineteen hundred\nthirty-five, shall expire on the day of the town meeting herein provided\nfor. At the biennial town meeting or election held in the years nineteen\nhundred thirty-three or nineteen hundred thirty-five next preceding any\nsuch expiration, successors shall be elected for full terms, beginning\non the first day of January following election, if the office continues\nto be elective. No provision of this chapter shall be construed to\nabridge the term of office of any town officer, except assessor,\nheretofore elected for a term of four years beginning on the first day\nof January, nineteen hundred thirty, pursuant to the provisions of\nchapter three hundred forty-six of the laws of nineteen hundred sixteen,\nand successors to such officers shall be elected for full terms of four\nyears at the biennial town election to be held in the year nineteen\nhundred thirty-three and at every second biennial town election held\nthereafter. Nothing herein contained shall affect the provisions of\nsection five of the public officers law. The provisions of this\nsubdivision shall not apply to towns in the county of Broome.\n  9-a. Notwithstanding any inconsistent provision of this chapter, an\nassessor of any town of the first class in the county of Erie, in office\non December thirty-first, nineteen hundred thirty-three, whose term of\noffice for which he was elected has not expired shall continue in office\nfor the term for which he was elected. In any such town not to exceed\ntwo, assessors shall be appointed for terms of two years each commencing\nJanuary first, nineteen hundred thirty-four, but no assessor shall be\nappointed to succeed a present incumbent of the office of assessor,\nexcept in case of a vacancy, until the expiration of his term.\n  10. Not later than June twenty-ninth, nineteen hundred thirty-three, a\npetition may be filed requiring the submission to the qualified electors\nof any sewer, water, park, refuse and garbage, or public dock district,\nin which there are district commissioners, of the proposition "shall the\nprovisions of article thirteen of chapter (here insert the number of the\nchapter) of the laws of nineteen hundred thirty-two, entitled 'An act\nrelating to towns, constituting chapter sixty-two of the consolidated\nlaws' be made applicable to this district?" A petition for any of such\npurposes shall be filed with the town clerk, and shall be signed and\nduly acknowledged by owners of real property situate in such district\nowning in aggregate at least twenty-five per centum of all the real\nproperty within such district. The proposition for which the petition\nshall have been filed shall be submitted by the town board at a special\ntown meeting to be held at a time not later than August first, nineteen\nhundred thirty-three, and at a place within such district, to be fixed\nby the town board. Notice of the meeting shall be given, such meeting\nheld and the votes canvassed and result certified and returned in the\nmanner provided by the provisions of the town law relating to special\ntown meetings as in force immediately prior to the taking effect of this\nsection. Every elector of the town who is a resident and the owner of\nproperty in such district assessed upon the last preceding town\nassessment roll shall be entitled to vote at such meeting. If a majority\nof the votes cast on any proposition submitted as herein provided be in\nthe affirmative, the provisions of article thirteen of this chapter\nshall be applicable to such district and the affairs of such district\nshall be administered in the manner therein provided.\n  11. Nothing in this act shall affect or impair the provisions and\nrequirements of articles five to fourteen, both inclusive, of the\nconservation law, nor affect, impair nor repeal chapter five hundred\nsixteen of the laws of nineteen hundred twenty-eight, as amended.\n  12. Joint water districts or water districts in two or more towns,\nheretofore created or established pursuant to the provisions of article\nthirteen of the town law, as the same existed prior to its repeal by\nthis act, shall continue as now established and the officers therein\nnamed or referred to shall have all the powers and be subject to the\nduties specified by such article, to the same effect as though such\narticle had not been repealed by this act. The water commissioners\ntherein referred to may provide that a discount shall be allowed for the\nprompt payment of water rates within the time required by such\ncommissioners for the payment thereof. The provisions of section\none-hundred ninety-eight, subdivision twelve (b) of this chapter as to\nleasing of water storage and distribution facilities shall apply to\njoint water districts continued pursuant to this subdivision twelve.\n  13. Not later than June fifteenth, nineteen hundred thirty-three, the\ntown board of any town containing a population of ten thousand or more\nas shown by the latest federal census, excepting towns in Broome and\nSuffolk counties, and of any other town which shall determine by any of\nthe methods prescribed by subdivision one of this section to be a town\nof the first class, may adopt a resolution to establish the ward system\nfor the election of council members for such town, which resolution\nshall be subjected to referendum as herein provided. Within four days\nafter the adoption of such resolution, the town clerk shall cause copies\nthereof to be posted in ten public places in the town, with a statement\nof the date of its adoption Within fourteen days after the adoption of\nsuch resolution, a petition may be filed requiring such resolution be\nsubmitted to the electors of the town, for their approval. The form of\nquestion to be submitted thereon shall be "Shall the resolution of the\ntown board of the town of ............., establishing the ward system\nfor the election of town council members, be approved?" If no such\nresolution shall have been adopted within the time above provided, a\npetition may be filed not later than June twenty-ninth, nineteen hundred\nthirty-three, requiring the submission to such electors of the\nproposition "Shall the ward system be established for the election of\ntown council members?" A petition for any of the above purposes shall be\nfiled with the town clerk, and shall be signed and duly acknowledged by\nat least one hundred electors of the town. The question or proposition\nfor which a petition shall have been filed shall be submitted by the\ntown board at a special town meeting to be held at a time, not later\nthan August first, nineteen hundred thirty-three, and at such place or\nplaces in the town as may be fixed by the town board. Notice of the\nelection shall be given, such meeting held and the votes canvassed and\nresult certified and returned in the manner provided by provisions of\nthe town law relating to special town meetings as in force immediately\nprior to the taking effect of this section. Every elector of the town\nshall be entitled to vote at such meeting. If the town board shall have\nadopted such a resolution and no petition shall have been filed, within\nthe time above provided, for a referendum thereon, or if a majority of\nthe votes cast on any proposition or question submitted as herein\nprovided be in the affirmative, the board of elections of the county in\nwhich such town is situate shall forthwith divide the town into four\nwards and fix the boundaries thereof. In so dividing the town into\nwards, no town election district shall be divided and no election\ndistrict shall contain parts of two or more wards. So far as possible\nthe division shall be so made that the number of votes in each ward\nshall be approximately equal. When the board of elections shall have\nfinally determined the boundaries of the wards, the board shall cause a\nmap of the town to be prepared showing in detail the location of each\nward and the boundaries thereof. The original map so made shall be filed\nin the office of the town clerk and copies thereof shall be filed in the\noffices of the county clerk and the board of elections of the county.\nThe ward system shall be deemed established after such filing is\ncomplete. Party nominations shall be made, designating petitions filed\nand one resident elector of each ward shall be elected as council member\ntherefrom for a term of two years beginning on the first day of January\nnext succeeding such election, at the biennial town meeting in the year\nnineteen hundred thirty-three, and biennially thereafter, in the same\nmanner as other elective town officers in such town.\n  14. An existing law, other than a provision of the former town law\nhereby repealed, which confers a power or imposes a duty or obligation\non a particular town or group of towns, or the towns of a particular\ncounty or counties, or an officer or officers thereof, or which provides\nfor the election or appointment of additional officers, shall not be\naffected nor impaired by this chapter. All provisions of this chapter,\nhowever, not inconsistent with a law specified in this section shall\napply to any such town.\n