NY Town L § 341 (2021)
2021 New York Laws TWN - Town Article 19 - Laws Repealed; Temporary Provisions and Saving Clause 341 - Temporary Provisions and Saving Clause.

§ 341. Temporary provisions and saving clause. 1. If, at the time this   section  takes  effect,  a  town shall have an assessed valuation of ten   million dollars or more as shown by the latest completed assessment-roll   thereof, or adjoins a city having a population of three hundred thousand   or more, as shown by the latest federal or state census or  enumeration,   or if such town has a population of five thousand or more, and less than   ten  thousand,  such  town  may  become a town of the first class on and   after  January  first,  nineteen  hundred  thirty-four,  if  it  be   so   determined  as  herein  provided. Such population shall be determined in   accordance with the decennial federal census of nineteen hundred thirty.   Not later than June fifteenth, nineteen hundred thirty-three,  the  town   board  of such town may adopt a resolution that the town shall be a town   of the first class, which resolution shall be subject to  referendum  as   herein  provided.  Within  four  days  after  the  adoption  of any such   resolution, the town clerk shall cause copies thereof to  be  posted  in   ten  public  places  in  the  town,  with a statement of the date of its   adoption. Within fourteen days after the adoption of such resolution,  a   petition  may  be filed requiring such resolution to be submitted to the   electors of the town, qualified to vote thereon, for their approval. The   form of the question  to  be  submitted  thereon  shall  be  "Shall  the   resolution  of  the  town  board  of the town of ......... that the town   become a town of the first class, be approved?" If  no  such  resolution   shall  have  been adopted within the time above provided, a petition may   be  filed,  not  later  than   June   twenty-ninth,   nineteen   hundred   thirty-three,   requiring   the  submission  to  such  electors  of  the   proposition "Shall the town of ............ become a town of  the  first   class?" A petition for any of the above purposes shall be filed with the   town  clerk,  and  shall be signed and duly acknowledged by at least one   hundred electors of the town, qualified  to  vote  on  the  question  or   proposition.  The  question  or proposition for which the petition shall   have been filed shall be submitted by the town board at a  special  town   meeting  to  be  held  at  a time, not later than August first, nineteen   hundred thirty-three, and at such place or places in the town, as may be   fixed by the town board. Notice of the election  shall  be  given,  such   meeting  held  and the votes canvassed and result certified and returned   in the manner provided by the provisions of the  town  law  relating  to   special town meetings as in force immediately prior to the taking effect   of this section. Only a qualified elector of the town owning property in   the  town assessed upon the last preceding assessment-roll thereof shall   be allowed to vote at such meeting. If the town board shall have adopted   such a resolution and no petition shall have been filed, within the time   above provided, for a referendum thereon, or if a majority of the  votes   cast  on  any proposition or question submitted as herein provided be in   the affirmative, such town shall be a town of the first class on January   first, nineteen hundred thirty-four, and all of the provisions  of  this   act applying to such a town shall apply thereto. If, by any method above   prescribed,  it  shall have been determined that such a town is to be in   the first class, the supervisor and town clerk  not  later  than  August   fifteenth,  nineteen  hundred  thirty-three,  shall make and file in the   offices of the department of state and department of audit  and  control   their  affidavit  in  duplicate  setting  forth  the  facts showing such   determination and the manner in which it was effected. If such town,  as   the  result of such a resolution or election, is to become a town of the   first class, and party candidates for town offices are nominated at fall   primaries, the designating petitions under the  election  law  shall  be   only  for  elective  offices  of  a  town  of  such  class.  However,  a   designating petition, properly signed and  executed,  when  offered  for   filing to the board of elections shall be received if it pertains to any    town  offices  of  a  town of the first class which may be filled at the   biennial town meeting in the year nineteen hundred thirty-three, and the   name  and  title  of  office  of  a  candidate  designated  therein  for   nomination to a town office which cannot be filled at such biennial town   meeting,  or  for  a  term  for  which  an  officer may not be voted for   thereat, and the names and titles of offices  of  candidates  designated   for  more  offices  of  the same kind than may be voted for at such town   meeting, shall be deemed stricken from such petition and to be  no  part   thereof.2.  Not  later than June fifteenth, nineteen hundred thirty-three, the   town board of any town may adopt a resolution that the  office  of  town   clerk shall be an appointive office in such town, which resolution shall   be  subject to referendum as herein provided. Within four days after the   adoption of any such resolution,  the  town  clerk  shall  cause  copies   thereof  to be posted in ten public places in the town, with a statement   of the date of its adoption. Within fourteen days after the adoption  of   such  resolution,  a petition may be filed, requiring such resolution be   submitted to the electors of the town, for their approval. The  form  of   the  question  to be submitted thereon shall be "Shall the resolution of   the town board of the town of .........., that the office of town  clerk   shall be an appointive office, be approved?" If no such resolution shall   have  been  adopted  within  the  time above provided, a petition may be   filed not later than June twenty-ninth, nineteen  hundred  thirty-three,   requiring  the submission to such electors of the proposition "Shall the   office of town clerk be an appointive office?" A petition for any of the   above purposes shall be filed with the town clerk, and shall  be  signed   and  duly acknowledged by at least one hundred electors of the town. The   question or proposition for which the petition  shall  have  been  filed   shall  be  submitted  by  the town board at a special town meeting to be   held  at  a  time,  not  later  than  August  first,  nineteen   hundred   thirty-three,  and  at such place or places in the town, as may be fixed   by the town board. Notice of the election shall be given,  such  meeting   held  and  the  votes canvassed and result certified and returned in the   manner provided by the provisions of the town law  relating  to  special   town meetings as in force immediately prior to the taking effect of this   section.  Every  elector  of  the town shall be entitled to vote at such   meeting. If the town board shall have adopted such a resolution  and  no   petition  shall  have  been filed, within the time above provided, for a   referendum  thereon,  or  if  a  majority  of  the  votes  cast  on  any   proposition   or  question  submitted  as  herein  provided  be  in  the   affirmative, the office of town clerk shall thereafter be an  appointive   office  in  such town and no town clerk shall be elected at the biennial   town meeting in the year nineteen hundred  thirty-three,  and  upon  the   expiration of the term of office of the town clerk for whom no successor   shall  be  elected,  the town board shall appoint a town clerk who shall   take and hold office for the term provided by this chapter.3. Not later than June fifteenth, nineteen hundred  thirty-three,  the   town  board  of  any town may adopt a resolution that the office of town   superintendent of highways shall be an appointive office in  such  town,   which  resolution  shall  be  subject  to referendum as herein provided.   Within four days after the adoption of any  such  resolution,  the  town   clerk  shall  cause  copies thereof to be posted in ten public places of   the town, with a statement of the date of its adoption. Within  fourteen   days  after  the  adoption  of  such resolution, a petition may be filed   requiring such resolution be submitted to the electors of the town,  for   their  approval.  The form of the question to be submitted thereon shall   be "Shall the resolution of the town board of the town of  ............,   that  the  office  of  town  superintendent  of  highways  shall  be  an    appointive office, be approved?" If no such resolution shall  have  been   adopted  within  the  time  above  provided, a petition may be filed not   later than June twenty-ninth, nineteen hundred  thirty-three,  requiring   the  submission to such electors of the proposition "Shall the office of   town superintendent of highways be an appointive office?" A petition for   any of the above purposes shall be filed with the town clerk, and  shall   be  signed  and  duly acknowledged by at least one hundred electors in a   town of the first class, and by at least twenty-five electors in a  town   of  the second class. The question or proposition for which the petition   shall have been filed shall be submitted by the town board at a  special   town meeting to be held at a time, not later than August first, nineteen   hundred thirty-three, and at such place or places in the town, as may be   fixed  by  the  town  board.  Notice of the meeting shall be given, such   meeting held and the votes canvassed and result certified  and  returned   in  the  manner  provided  by the provisions of the town law relating to   special town meetings, as in  force  immediately  prior  to  the  taking   effect  of  this section. Every elector of the town shall be entitled to   vote at such  meeting.  If  the  town  board  shall  have  adopted  such   resolution  and no petition shall have been filed, within the time above   provided, for a referendum thereon, or if a majority of the  votes  cast   on  any  proposition  or question submitted as herein provided be in the   affirmative,  the  office  of  town  superintendent  of  highways  shall   thereafter   be   an  appointive  office  in  such  town,  and  no  town   superintendent of highways shall be elected at the biennial town meeting   in the year nineteen hundred thirty-three, and upon  the  expiration  of   the  term  of  office of the town superintendent of highways for whom no   successor shall  be  elected,  the  town  board  shall  appoint  a  town   superintendent  of  highways who shall take and hold office for the term   provided by this chapter.3-a. Not later than June fifteenth, nineteen hundred thirty-three  the   town  board  of  any  town which is to be in the first class may adopt a   resolution that the number of councilmen to be elected shall be  reduced   from  four  to  two,  which resolution shall be subject to referendum as   herein provided. Within  four  days  after  the  adoption  of  any  such   resolution,  the  town  clerk shall cause copies thereof to be posted in   ten public places of the town, with a  statement  of  the  date  of  its   adoption.  Within fourteen days after the adoption of such resolution, a   petition may be filed requiring that such resolution be submitted to the   electors of the town, for their approval. The form of the question to be   submitted thereon shall be "Shall the resolution of the  town  board  of   the  town  of ............., that the number of councilmen to be elected   be reduced from four to two, be approved?" If no such  resolution  shall   have  been  adopted  within  the  time above provided, a petition may be   filed not later than June twenty-nine,  nineteen  hundred  thirty-three,   requiring  the submission to such electors of the proposition "Shall the   resolution of the town board of the  town  of  .............,  that  the   number  of  councilmen  to  be  elected  be reduced from four to two, be   approved?" A petition for any of the above propositions shall  be  filed   with  the  town  clerk  and  shall be signed and duly acknowledged by at   least one hundred electors of the town. The question or proposition  for   which  the petition shall have been filed shall be submitted by the town   board at a special town meeting to be held at a  time,  not  later  than   August  first, nineteen hundred thirty-three and at such place or places   in the town as may be fixed by the town board.  Notice  of  the  meeting   shall  be  given,  such meeting held and the votes canvassed and results   certified and returned in the manner provided by the provisions  of  the   town  law  relating  to  special  town meetings, as in force immediately   prior to the taking effect of this section. Every elector  of  the  town    shall  be entitled to vote at such meeting. If the town board shall have   adopted such a resolution and no petition shall have been filed,  within   the  time  above provided, for a referendum thereon, or if a majority of   the  votes  cast  on  any  proposition  or  question submitted as herein   provided be in the affirmative, such  town  shall  have  only  two  town   councilmen  and party nominations for such offices made, and designating   petitions filed and two town councilmen shall be elected at the biennial   town meeting in the year nineteen hundred thirty-three, one for  a  term   of  two  years  and  one for a term of four years and thereafter at each   biennial town election in such town there  shall  be  elected  one  town   councilman  for  a  term  of  four  years,  in  the same manner as other   elective town officers in such town.4. The next biennial town meeting and election  of  town  officers  in   every  town  of  the  state shall be held on the first Tuesday after the   first Monday in November in the year nineteen hundred  thirty-three.  It   shall  be conducted by the officers conducting the general election, and   be held at the same places and during the same hours as  such  election;   and  the  laws  governing  town meetings held at the time of the general   election shall apply. The town officers to be elected thereat  shall  be   those  and  only  those elective town officers of a town of the class to   which the town shall belong, under the provisions of  this  chapter,  on   January  first,  nineteen  hundred thirty-four. They shall be so elected   for the terms prescribed by this chapter, and such terms shall begin  on   such first day of January, nineteen hundred thirty-four, except that the   terms  of  collectors  shall  begin  on the day following such election.   Nothing herein, however, shall be construed to require  the  appointment   of  three  assessors  in  a  town of the first class nor the election of   three assessors in a town of the second class,  if  on  or  before  June   first,  nineteen  hundred thirty-three, such town shall have reduced the   number of its assessors from three to one, pursuant to the provisions of   chapter four hundred seventy-eight  of  the  laws  of  nineteen  hundred   twenty-five,  and  in  such  a  town no assessor shall be elected at the   biennial town meeting in the year nineteen hundred thirty-three. Nothing   herein, however, shall  be  construed  to  require  the  election  of  a   superintendent  of  highways  in  a  town  which  shall  have  adopted a   proposition that thereafter such town superintendent shall be  appointed   by  the  town  board, pursuant to the provisions of section forty-one of   the highway law, and in such town no superintendent of highways shall be   elected at the biennial  town  meeting  in  the  year  nineteen  hundred   thirty-three.  The  provisions  of  this  subdivision shall not apply to   towns in the county of Broome.5. In a town which is to be in the first class, but one justice of the   peace shall be elected for a full term at such biennial town meeting for   the year nineteen hundred thirty-three, and but one for a full  term  at   each biennial town election thereafter. The town board of any such town,   however,  may  adopt  a resolution on or before June fifteenth, nineteen   hundred thirty-three, determining that no justice of the peace shall  be   elected  at  the  biennial  town  meeting  for the year nineteen hundred   thirty-three. If the town board shall adopt such a resolution within the   time specified, no justice of the peace shall be elected at the biennial   town meeting of such town for the year  nineteen  hundred  thirty-three,   and  two  justices of the peace shall be elected for a full term each at   the biennial town election in the year nineteen hundred thirty-five  and   two justices of the peace shall be elected at every second biennial town   election  held  thereafter.  No  provision  of  this  chapter  shall  be   construed to abridge the term of  a  justice  of  the  peace  heretofore   elected  in  any  town  of the first class. Not later than August first,   nineteen hundred thirty-three, the town board of any town which is to be    in the first class and which shall  have  a  population  of  thirty-five   thousand  or  more,  according  to  the  latest  federal census or state   enumeration, may adopt a resolution determining  that  such  town  shall   have  four  justices  of the peace. If the town board shall have adopted   such a resolution, such town shall have four justices of the  peace  and   party  nominations  for  such  offices  shall  be  made  and designating   petitions may be filed and two justices of the peace shall be elected at   the biennial town meeting in the year nineteen hundred thirty-three  and   at  each  biennial town election thereafter, in the same manner as other   elective town officers in such town.5-a. 1. At the biennial town election to be held on the seventh day of   November, nineteen  hundred  thirty-nine,  and  at  each  biennial  town   election  held  thereafter  in  each town of the second class, except as   otherwise provided herein, there shall be elected  one  justice  of  the   peace  for the full term prescribed by law and one town councilman for a   term of four years to begin on the first day of January next  succeeding   the  election  at  which  he was elected, and party nominations for such   offices shall be made and designating petitions may be  filed  and  such   officers  shall be elected in the same manner as other elective officers   in such town. During the period from  January  first,  nineteen  hundred   forty  until  January first, nineteen hundred forty-two, the supervisor,   the three justices of the peace and the town  councilman  of  such  town   shall  constitute  the  town board thereof. On the first day of January,   nineteen hundred forty-two  and  thereafter,  the  supervisor,  the  two   justices  of the peace and the two town councilmen shall constitute such   town board.2. At the biennial town election to  be  held  in  the  year  nineteen   hundred  forty in each town in the county of Broome and at each biennial   town election held in such towns thereafter, there shall be elected  one   justice  of  the  peace for the full term prescribed by law and one town   councilman for a term of four years to begin on the first day of January   next succeeding  the  election  at  which  he  was  elected,  and  party   nominations for such offices shall be made and designating petitions may   be  filed and such officers shall be elected in the same manner as other   elective town officers in such town.  During  the  period  from  January   first,  nineteen hundred forty-one until January first, nineteen hundred   forty-three, the supervisor, the three justices of  the  peace  and  the   town councilman of such town shall constitute the town board thereof. On   the  first  day of January, nineteen hundred forty-three and thereafter,   the supervisor,  the  two  justices  of  the  peace  and  the  two  town   councilmen shall constitute such town board.3. The provisions of this subdivision shall not apply to a town having   less  than  three  hundred  inhabitants  according to the latest federal   census and having a taxable property valuation of less than one  hundred   thousand dollars according to the latest assessment roll.4. The provisions of this subdivision shall not apply to a town having   more than four justices of the peace pursuant to law.5.   Notwithstanding   the   provisions   of  paragraph  one  of  this   subdivision, the town board of any town required thereby  to  elect  one   justice  of peace and one town councilman at the biennial election to be   held on the seventh day of November, nineteen hundred  thirty-nine,  may   adopt  a  resolution  on  or  before but not later than the first day of   July, nineteen hundred thirty-nine,  determining  that  there  shall  be   elected  at  the biennial town election of nineteen hundred thirty-nine,   two justices of peace for the full term prescribed by law  but  no  town   councilman.  If  the  town board shall adopt such a resolution, the town   clerk shall cause a certified copy thereof to be filed in the office  of   the  board  of  elections  of  said county on or before the tenth day of    July, nineteen  hundred  thirty-nine,  and  party  nominations  for  the   offices  of justice of peace shall be made and designating petitions may   be filed and two justices of peace shall be  elected  at  said  biennial   town  election  of  nineteen  hundred thirty-nine, in the same manner as   other elective town officers in such town.In any such town in which two justices of peace shall be so elected at   the  biennial  town  election  held  in  the   year   nineteen   hundred   thirty-nine,  there  shall be elected at the biennial town election held   in the year nineteen  hundred  forty-one  and  at  every  biennial  town   election  thereafter,  one  justice of peace and one town councilman for   the terms and in the manner prescribed in said  paragraph  one  of  this   subdivision.6.  The  town  board of any town which shall have adopted a resolution   pursuant to paragraph five of this  subdivision,  determining  that  two   justices  of  peace shall be elected at the biennial town election to be   held on the seventh day of November, nineteen hundred  thirty-nine,  may   also adopt a resolution on or before but not later than the first day of   July,  nineteen  hundred  thirty-nine,  determining  that  the following   proposition shall be submitted to the electors  of  such  town  at  said   biennial  town  election of nineteen hundred thirty-nine, to wit: "Shall   the number of justices of peace in this town be reduced from four to two   by the election of one justice of peace  and  one  town  councilman  for   terms  of  four  years each at the biennial town elections to be held in   the years nineteen hundred forty-one and  nineteen  hundred  forty-three   and  at each biennial town election thereafter, and shall the town board   of this town consist of the supervisor and such justices  of  peace  and   town  councilman?" The town board shall give notice of the submission of   such proposition and such proposition shall be submitted in  the  manner   provided   in  article  six  of  this  chapter  for  the  submission  of   propositions at special or biennial  town  elections.  The  polls  shall   remain  open  during  the hours fixed for the election of town officers.   Every elector of the town qualified to vote at such  election  for  town   officers  shall  be entitled to vote upon the foregoing proposition. The   votes upon such proposition shall be canvassed and certified to the town   clerk in the manner provided in section eighty-three of this chapter. If   a majority of the votes cast in such town upon such proposition shall be   in the affirmative, there shall be elected at the biennial town election   held in the year nineteen hundred forty-one and at every  biennial  town   election  thereafter,  one  justice of peace and one town councilman for   the terms and  in  the  manner  prescribed  in  paragraph  one  of  this   subdivision.  If  a  majority  of  the votes cast in such town upon such   proposition shall not be in the affirmative there shall  be  elected  at   the  biennial  town election held in the year nineteen hundred forty-one   and at every biennial town election thereafter, two  justices  of  peace   for the full term prescribed by law, but no town councilman.7.   Notwithstanding   the   provisions   of  paragraph  two  of  this   subdivision, the town board of any town in the county of Broome required   thereby to elect one justice of peace and one  town  councilman  at  the   biennial  election  to  be  held in the year nineteen hundred forty, may   adopt a resolution on or before but not later  than  the  first  day  of   July, nineteen hundred forty, determining that there shall be elected at   the  biennial  town  election of nineteen hundred forty, two justices of   peace for the full term prescribed by law but no town councilman. If the   town board shall adopt such a resolution, the town clerk shall  cause  a   certified  copy  thereof  to  be  filed  in  the  office of the board of   elections of said county on or before the tenth day  of  July,  nineteen   hundred forty, and party nominations for the offices of justice of peace   shall be made and designating petitions may be filed and two justices of    peace  shall  be  elected  at  said  biennial  town election of nineteen   hundred forty, in the same manner as other  elective  town  officers  in   such town.In any such town in which two justices of peace shall be so elected at   the  biennial  town  election  held  in the year nineteen hundred forty,   there shall be elected at the biennial town election held  in  the  year   nineteen   hundred   forty-two  and  at  every  biennial  town  election   thereafter, one justice of peace and one town councilman for  the  terms   and in the manner prescribed in said paragraph two of this subdivision.The  town  board  of  any  town  which shall have adopted a resolution   pursuant to this paragraph, determining that two justices of peace shall   be elected at the biennial town election to be held in the year nineteen   hundred forty, may also adopt a resolution on or before  but  not  later   than the first day of July, nineteen hundred forty, determining that the   following proposition shall be submitted to the electors of such town at   said  biennial  town  election of nineteen hundred forty, to wit: "Shall   the number of justices of peace in this town be reduced from four to two   by the election of one justice of peace  and  one  town  councilman  for   terms  of  four  years each at the biennial town elections to be held in   the years nineteen hundred forty-two and nineteen hundred forty-four and   at each biennial town election thereafter, and shall the town  board  of   this  town consist of the supervisor and such justices of peace and town   councilman or councilmen?" The town  board  shall  give  notice  of  the   submission  of  such proposition and such proposition shall be submitted   in the manner provided in article six of this chapter for the submission   of propositions at special or biennial town elections. The  polls  shall   remain  open  during the hours fixed for the elections of town officers.   Every elector of the town qualified to vote at such  election  for  town   officers  shall  be entitled to vote upon the foregoing proposition. The   votes upon such proposition shall be canvassed and certified to the town   clerk in the manner provided in section eighty-three of this chapter. If   a majority of the votes cast in such town upon such proposition shall be   in the affirmative, there shall be elected at the biennial town election   held in the year nineteen hundred forty-two, and at every biennial  town   election  thereafter,  one  justice of peace and one town councilman for   the terms and  in  the  manner  prescribed  in  paragraph  two  of  this   subdivision.  If  a  majority  of  the votes cast in such town upon such   proposition shall not be in the affirmative there shall  be  elected  at   the biennial town election in the year nineteen hundred forty-two and at   every  biennial  town election thereafter, two justices of peace for the   full term prescribed by law, but no town councilman.6. If the town board of any town, shall be required to submit  to  the   qualified  electors  of  the  town more than one question or proposition   pursuant to the provisions of any subdivision of this  section,  all  of   such  questions  or  propositions  shall  be submitted at a special town   meeting to be held at the  same  time,  not  later  than  August  first,   nineteen  hundred  thirty-three, at such place or places in the town, as   may be fixed by the town board.7. Nothing contained in this chapter shall be construed to require the   election, in a town which is to belong  in  the  second  class,  of  two   justices  of  the  peace for full terms at such biennial town meeting in   the year nineteen hundred thirty-three, if heretofore  two  justices  of   the peace shall have been elected for full terms to begin January first,   nineteen hundred thirty-four.8.  In  a  town  which  is  to  belong  in the second class, only four   justices of the peace heretofore or hereafter elected for terms or parts   of terms expiring  not  earlier  than  December  thirty-first,  nineteen   hundred  thirty-five,  or justices appointed or to be appointed or to be    elected pursuant to law, to fill vacancies in their  offices,  shall  be   members of the town board.9.  The term of every elective town officer, other than justice of the   peace, heretofore elected  shall  expire  on  the  thirty-first  day  of   December, nineteen hundred thirty-three, unless the office be one having   a  four  year  term  and be one that is continued as an elective office,   with a like term, after the  first  day  of  January,  nineteen  hundred   thirty-four, and the officer was elected for a term expiring on or after   the thirty-first day of December, nineteen hundred thirty-five, in which   case  the  term  of such officer, other than justice of the peace, shall   expire on that day, except that collectors heretofore elected for a term   expiring before the biennial town election in the year nineteen  hundred   thirty-five, shall expire on the day of the town meeting herein provided   for. At the biennial town meeting or election held in the years nineteen   hundred  thirty-three or nineteen hundred thirty-five next preceding any   such expiration, successors shall be elected for full  terms,  beginning   on  the first day of January following election, if the office continues   to be elective. No provision of  this  chapter  shall  be  construed  to   abridge  the  term  of  office  of  any  town  officer, except assessor,   heretofore elected for a term of four years beginning on the  first  day   of  January,  nineteen  hundred  thirty,  pursuant  to the provisions of   chapter three hundred forty-six of the laws of nineteen hundred sixteen,   and successors to such officers shall be elected for full terms of  four   years  at  the  biennial  town  election to be held in the year nineteen   hundred thirty-three and at every second  biennial  town  election  held   thereafter.  Nothing  herein  contained  shall  affect the provisions of   section five  of  the  public  officers  law.  The  provisions  of  this   subdivision shall not apply to towns in the county of Broome.9-a.  Notwithstanding  any  inconsistent provision of this chapter, an   assessor of any town of the first class in the county of Erie, in office   on December thirty-first, nineteen hundred thirty-three, whose  term  of   office for which he was elected has not expired shall continue in office   for  the  term  for which he was elected. In any such town not to exceed   two, assessors shall be appointed for terms of two years each commencing   January first, nineteen hundred thirty-four, but no  assessor  shall  be   appointed  to  succeed  a  present  incumbent of the office of assessor,   except in case of a vacancy, until the expiration of his term.10. Not later than June twenty-ninth, nineteen hundred thirty-three, a   petition may be filed requiring the submission to the qualified electors   of any sewer, water, park, refuse and garbage, or public dock  district,   in which there are district commissioners, of the proposition "shall the   provisions of article thirteen of chapter (here insert the number of the   chapter)  of  the  laws of nineteen hundred thirty-two, entitled 'An act   relating to towns, constituting chapter sixty-two  of  the  consolidated   laws'  be  made applicable to this district?" A petition for any of such   purposes shall be filed with the town clerk, and  shall  be  signed  and   duly  acknowledged  by  owners of real property situate in such district   owning in aggregate at least twenty-five per  centum  of  all  the  real   property  within  such  district. The proposition for which the petition   shall have been filed shall be submitted by the town board at a  special   town  meeting to be held at a time not later than August first, nineteen   hundred thirty-three, and at a place within such district, to  be  fixed   by  the  town  board. Notice of the meeting shall be given, such meeting   held and the votes canvassed and result certified and  returned  in  the   manner  provided  by  the provisions of the town law relating to special   town meetings as in force immediately prior to the taking effect of this   section. Every elector of the town who is a resident and  the  owner  of   property  in  such  district  assessed  upon  the  last  preceding  town    assessment roll shall be entitled to vote at such meeting. If a majority   of the votes cast on any proposition submitted as herein provided be  in   the  affirmative,  the  provisions  of  article thirteen of this chapter   shall  be  applicable  to such district and the affairs of such district   shall be administered in the manner therein provided.11. Nothing in this act shall affect  or  impair  the  provisions  and   requirements  of  articles  five  to  fourteen,  both  inclusive, of the   conservation law, nor affect, impair nor  repeal  chapter  five  hundred   sixteen of the laws of nineteen hundred twenty-eight, as amended.12.  Joint  water  districts  or water districts in two or more towns,   heretofore created or established pursuant to the provisions of  article   thirteen  of  the  town  law, as the same existed prior to its repeal by   this act, shall continue as now established  and  the  officers  therein   named  or  referred  to  shall have all the powers and be subject to the   duties specified by such article, to the  same  effect  as  though  such   article  had  not  been  repealed  by  this act. The water commissioners   therein referred to may provide that a discount shall be allowed for the   prompt  payment  of  water  rates  within  the  time  required  by  such   commissioners  for  the  payment  thereof.  The  provisions  of  section   one-hundred ninety-eight, subdivision twelve (b) of this chapter  as  to   leasing  of  water  storage  and  distribution facilities shall apply to   joint water districts continued pursuant to this subdivision twelve.13. Not later than June fifteenth, nineteen hundred thirty-three,  the   town  board  of any town containing a population of ten thousand or more   as shown by the latest federal census, excepting  towns  in  Broome  and   Suffolk  counties, and of any other town which shall determine by any of   the methods prescribed by subdivision one of this section to be  a  town   of  the first class, may adopt a resolution to establish the ward system   for the election of councilmen for such town, which resolution shall  be   subjected  to  referendum as herein provided. Within four days after the   adoption of such resolution, the town clerk shall cause  copies  thereof   to  be  posted in ten public places in the town, with a statement of the   date of its adoption Within fourteen days after  the  adoption  of  such   resolution,  a  petition  may  be  filed  requiring  such  resolution be   submitted to the electors of the town, for their approval. The  form  of   question  to  be submitted thereon shall be "Shall the resolution of the   town board of the town of ............., establishing  the  ward  system   for the election of town councilmen, be approved?" If no such resolution   shall  have  been adopted within the time above provided, a petition may   be  filed  not  later   than   June   twenty-ninth,   nineteen   hundred   thirty-three,   requiring   the  submission  to  such  electors  of  the   proposition "Shall the ward system be established for  the  election  of   town  councilmen?"  A  petition  for  any of the above purposes shall be   filed with the town clerk, and shall be signed and duly acknowledged  by   at  least  one hundred electors of the town. The question or proposition   for which a petition shall have been filed shall  be  submitted  by  the   town  board  at  a  special town meeting to be held at a time, not later   than August first, nineteen hundred thirty-three, and at such  place  or   places  in  the  town  as  may be fixed by the town board. Notice of the   election shall be given, such meeting held and the votes  canvassed  and   result  certified  and  returned in the manner provided by provisions of   the town law relating to special town meetings as in  force  immediately   prior  to  the  taking effect of this section. Every elector of the town   shall be entitled to vote at such meeting. If the town board shall  have   adopted  such a resolution and no petition shall have been filed, within   the time above provided, for a referendum thereon, or if a  majority  of   the  votes  cast  on  any  proposition  or  question submitted as herein   provided be in the affirmative, the board of elections of the county  in    which  such  town  is  situate shall forthwith divide the town into four   wards and fix the boundaries thereof.  In  so  dividing  the  town  into   wards,  no  town  election  district  shall  be  divided and no election   district  shall  contain  parts of two or more wards. So far as possible   the division shall be so made that the number  of  votes  in  each  ward   shall  be  approximately  equal.  When the board of elections shall have   finally determined the boundaries of the wards, the board shall cause  a   map  of  the  town to be prepared showing in detail the location of each   ward and the boundaries thereof. The original map so made shall be filed   in the office of the town clerk and copies thereof shall be filed in the   offices of the county clerk and the board of elections  of  the  county.   The  ward  system  shall  be  deemed  established  after  such filing is   complete. Party nominations shall be made, designating  petitions  filed   and  one  resident  elector  of each ward shall be elected as councilman   therefrom for a term of two years beginning on the first day of  January   next  succeeding such election, at the biennial town meeting in the year   nineteen hundred thirty-three, and biennially thereafter,  in  the  same   manner as other elective town officers in such town.14.  An  existing  law,  other than a provision of the former town law   hereby repealed, which confers a power or imposes a duty  or  obligation   on  a  particular  town  or group of towns, or the towns of a particular   county or counties, or an officer or officers thereof, or which provides   for the election or appointment of additional  officers,  shall  not  be   affected  nor  impaired by this chapter. All provisions of this chapter,   however, not inconsistent with a law specified  in  this  section  shall   apply to any such town.