N.Y. Town Law § 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.