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SECTION 341
Temporary provisions and saving clause
Town (TWN) CHAPTER 62, ARTICLE 19
§ 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.