2023 New York Laws › TWN - Town › Article 19 - Laws Repealed; Temporary Provisions and Saving Clause › 341 - Temporary Provisions and Saving Clause.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 council members 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  council
  members  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  council  members  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 council members and
  party nominations for such offices made, and designating petitions filed
  and two town council members 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  council
  member  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  council  member
  for  a  term  of  four  years  to begin on the first day of January next
  succeeding  the  election  at  which  they  were  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  council
  member  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 council
  members 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
  council member for a term of four years to begin on  the  first  day  of
  January  next  succeeding  the  election at which they were 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 council member 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 council members 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 council member 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
  council  member.    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  council  member
  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 council member  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 council member?" 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  council  member
  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 council member.
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 council member 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 council member. 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  council  member  for  the
  terms and in the manner prescribed in 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 council member  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
  council member or council members?" 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 council member 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 council member.
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 council members  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 council  members,  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 council members?" 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 council member
  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.