§ 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 anytown 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 anappointive office, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the office of town superintendent of highways be an appointive office?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors in a town of the first class, and by at least twenty-five electors in a town of the second class. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town, as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the office of town superintendent of highways shall thereafter be an appointive office in such town, and no town superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, and upon the expiration of the term of office of the town superintendent of highways for whom no successor shall be elected, the town board shall appoint a town superintendent of highways who shall take and hold office for the term provided by this chapter. 3-a. Not later than June fifteenth, nineteen hundred thirty-three the town board of any town which is to be in the first class may adopt a resolution that the number of councilmen to be elected shall be reduced from four to two, which resolution shall be subject to referendum as herein provided. Within four days after the adoption of any such resolution, the town clerk shall cause copies thereof to be posted in ten public places of the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring that such resolution be submitted to the electors of the town, for their approval. The form of the question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-nine, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" A petition for any of the above propositions shall be filed with the town clerk and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three and at such place or places in the town as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and results certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the townshall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, such town shall have only two town councilmen and party nominations for such offices made, and designating petitions filed and two town councilmen shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, one for a term of two years and one for a term of four years and thereafter at each biennial town election in such town there shall be elected one town councilman for a term of four years, in the same manner as other elective town officers in such town. 4. The next biennial town meeting and election of town officers in every town of the state shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred thirty-three. It shall be conducted by the officers conducting the general election, and be held at the same places and during the same hours as such election; and the laws governing town meetings held at the time of the general election shall apply. The town officers to be elected thereat shall be those and only those elective town officers of a town of the class to which the town shall belong, under the provisions of this chapter, on January first, nineteen hundred thirty-four. They shall be so elected for the terms prescribed by this chapter, and such terms shall begin on such first day of January, nineteen hundred thirty-four, except that the terms of collectors shall begin on the day following such election. Nothing herein, however, shall be construed to require the appointment of three assessors in a town of the first class nor the election of three assessors in a town of the second class, if on or before June first, nineteen hundred thirty-three, such town shall have reduced the number of its assessors from three to one, pursuant to the provisions of chapter four hundred seventy-eight of the laws of nineteen hundred twenty-five, and in such a town no assessor shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. Nothing herein, however, shall be construed to require the election of a superintendent of highways in a town which shall have adopted a proposition that thereafter such town superintendent shall be appointed by the town board, pursuant to the provisions of section forty-one of the highway law, and in such town no superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. The provisions of this subdivision shall not apply to towns in the county of Broome. 5. In a town which is to be in the first class, but one justice of the peace shall be elected for a full term at such biennial town meeting for the year nineteen hundred thirty-three, and but one for a full term at each biennial town election thereafter. The town board of any such town, however, may adopt a resolution on or before June fifteenth, nineteen hundred thirty-three, determining that no justice of the peace shall be elected at the biennial town meeting for the year nineteen hundred thirty-three. If the town board shall adopt such a resolution within the time specified, no justice of the peace shall be elected at the biennial town meeting of such town for the year nineteen hundred thirty-three, and two justices of the peace shall be elected for a full term each at the biennial town election in the year nineteen hundred thirty-five and two justices of the peace shall be elected at every second biennial town election held thereafter. No provision of this chapter shall be construed to abridge the term of a justice of the peace heretofore elected in any town of the first class. Not later than August first, nineteen hundred thirty-three, the town board of any town which is to bein the first class and which shall have a population of thirty-five thousand or more, according to the latest federal census or state enumeration, may adopt a resolution determining that such town shall have four justices of the peace. If the town board shall have adopted such a resolution, such town shall have four justices of the peace and party nominations for such offices shall be made and designating petitions may be filed and two justices of the peace shall be elected at the biennial town meeting in the year nineteen hundred thirty-three and at each biennial town election thereafter, in the same manner as other elective town officers in such town. 5-a. 1. At the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, and at each biennial town election held thereafter in each town of the second class, except as otherwise provided herein, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective officers in such town. During the period from January first, nineteen hundred forty until January first, nineteen hundred forty-two, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-two and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 2. At the biennial town election to be held in the year nineteen hundred forty in each town in the county of Broome and at each biennial town election held in such towns thereafter, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective town officers in such town. During the period from January first, nineteen hundred forty-one until January first, nineteen hundred forty-three, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-three and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 3. The provisions of this subdivision shall not apply to a town having less than three hundred inhabitants according to the latest federal census and having a taxable property valuation of less than one hundred thousand dollars according to the latest assessment roll. 4. The provisions of this subdivision shall not apply to a town having more than four justices of the peace pursuant to law. 5. Notwithstanding the provisions of paragraph one of this subdivision, the town board of any town required thereby to elect one justice of peace and one town councilman at the biennial election to be held on the seventh day of November, nineteen hundred thirty-nine, may adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that there shall be elected at the biennial town election of nineteen hundred thirty-nine, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day ofJuly, nineteen hundred thirty-nine, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices of peace shall be elected at said biennial town election of nineteen hundred thirty-nine, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred thirty-nine, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph one of this subdivision. 6. The town board of any town which shall have adopted a resolution pursuant to paragraph five of this subdivision, determining that two justices of peace shall be elected at the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred thirty-nine, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-one and nineteen hundred forty-three and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the election of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph one of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 7. Notwithstanding the provisions of paragraph two of this subdivision, the town board of any town in the county of Broome required thereby to elect one justice of peace and one town councilman at the biennial election to be held in the year nineteen hundred forty, may adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that there shall be elected at the biennial town election of nineteen hundred forty, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day of July, nineteen hundred forty, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices ofpeace shall be elected at said biennial town election of nineteen hundred forty, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred forty, there shall be elected at the biennial town election held in the year nineteen hundred forty-two and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph two of this subdivision. The town board of any town which shall have adopted a resolution pursuant to this paragraph, determining that two justices of peace shall be elected at the biennial town election to be held in the year nineteen hundred forty, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred forty, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-two and nineteen hundred forty-four and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman or councilmen?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the elections of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-two, and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph two of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election in the year nineteen hundred forty-two and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 6. If the town board of any town, shall be required to submit to the qualified electors of the town more than one question or proposition pursuant to the provisions of any subdivision of this section, all of such questions or propositions shall be submitted at a special town meeting to be held at the same time, not later than August first, nineteen hundred thirty-three, at such place or places in the town, as may be fixed by the town board. 7. Nothing contained in this chapter shall be construed to require the election, in a town which is to belong in the second class, of two justices of the peace for full terms at such biennial town meeting in the year nineteen hundred thirty-three, if heretofore two justices of the peace shall have been elected for full terms to begin January first, nineteen hundred thirty-four. 8. In a town which is to belong in the second class, only four justices of the peace heretofore or hereafter elected for terms or parts of terms expiring not earlier than December thirty-first, nineteen hundred thirty-five, or justices appointed or to be appointed or to beelected 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 townassessment roll shall be entitled to vote at such meeting. If a majority of the votes cast on any proposition submitted as herein provided be in the affirmative, the provisions of article thirteen of this chapter shall be applicable to such district and the affairs of such district shall be administered in the manner therein provided. 11. Nothing in this act shall affect or impair the provisions and requirements of articles five to fourteen, both inclusive, of the conservation law, nor affect, impair nor repeal chapter five hundred sixteen of the laws of nineteen hundred twenty-eight, as amended. 12. Joint water districts or water districts in two or more towns, heretofore created or established pursuant to the provisions of article thirteen of the town law, as the same existed prior to its repeal by this act, shall continue as now established and the officers therein named or referred to shall have all the powers and be subject to the duties specified by such article, to the same effect as though such article had not been repealed by this act. The water commissioners therein referred to may provide that a discount shall be allowed for the prompt payment of water rates within the time required by such commissioners for the payment thereof. The provisions of section one-hundred ninety-eight, subdivision twelve (b) of this chapter as to leasing of water storage and distribution facilities shall apply to joint water districts continued pursuant to this subdivision twelve. 13. Not later than June fifteenth, nineteen hundred thirty-three, the town board of any town containing a population of ten thousand or more as shown by the latest federal census, excepting towns in Broome and Suffolk counties, and of any other town which shall determine by any of the methods prescribed by subdivision one of this section to be a town of the first class, may adopt a resolution to establish the ward system for the election of councilmen for such town, which resolution shall be subjected to referendum as herein provided. Within four days after the adoption of such resolution, the town clerk shall cause copies thereof to be posted in ten public places in the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring such resolution be submitted to the electors of the town, for their approval. The form of question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., establishing the ward system for the election of town councilmen, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the ward system be established for the election of town councilmen?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which a petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town as may be fixed by the town board. Notice of the election shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by provisions of the town law relating to special town meetings as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the board of elections of the county inwhich such town is situate shall forthwith divide the town into four wards and fix the boundaries thereof. In so dividing the town into wards, no town election district shall be divided and no election district shall contain parts of two or more wards. So far as possible the division shall be so made that the number of votes in each ward shall be approximately equal. When the board of elections shall have finally determined the boundaries of the wards, the board shall cause a map of the town to be prepared showing in detail the location of each ward and the boundaries thereof. The original map so made shall be filed in the office of the town clerk and copies thereof shall be filed in the offices of the county clerk and the board of elections of the county. The ward system shall be deemed established after such filing is complete. Party nominations shall be made, designating petitions filed and one resident elector of each ward shall be elected as councilman therefrom for a term of two years beginning on the first day of January next succeeding such election, at the biennial town meeting in the year nineteen hundred thirty-three, and biennially thereafter, in the same manner as other elective town officers in such town. 14. An existing law, other than a provision of the former town law hereby repealed, which confers a power or imposes a duty or obligation on a particular town or group of towns, or the towns of a particular county or counties, or an officer or officers thereof, or which provides for the election or appointment of additional officers, shall not be affected nor impaired by this chapter. All provisions of this chapter, however, not inconsistent with a law specified in this section shall apply to any such town.
§ 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 anytown 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 anappointive office, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the office of town superintendent of highways be an appointive office?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors in a town of the first class, and by at least twenty-five electors in a town of the second class. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town, as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the office of town superintendent of highways shall thereafter be an appointive office in such town, and no town superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, and upon the expiration of the term of office of the town superintendent of highways for whom no successor shall be elected, the town board shall appoint a town superintendent of highways who shall take and hold office for the term provided by this chapter. 3-a. Not later than June fifteenth, nineteen hundred thirty-three the town board of any town which is to be in the first class may adopt a resolution that the number of councilmen to be elected shall be reduced from four to two, which resolution shall be subject to referendum as herein provided. Within four days after the adoption of any such resolution, the town clerk shall cause copies thereof to be posted in ten public places of the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring that such resolution be submitted to the electors of the town, for their approval. The form of the question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-nine, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" A petition for any of the above propositions shall be filed with the town clerk and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three and at such place or places in the town as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and results certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the townshall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, such town shall have only two town councilmen and party nominations for such offices made, and designating petitions filed and two town councilmen shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, one for a term of two years and one for a term of four years and thereafter at each biennial town election in such town there shall be elected one town councilman for a term of four years, in the same manner as other elective town officers in such town. 4. The next biennial town meeting and election of town officers in every town of the state shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred thirty-three. It shall be conducted by the officers conducting the general election, and be held at the same places and during the same hours as such election; and the laws governing town meetings held at the time of the general election shall apply. The town officers to be elected thereat shall be those and only those elective town officers of a town of the class to which the town shall belong, under the provisions of this chapter, on January first, nineteen hundred thirty-four. They shall be so elected for the terms prescribed by this chapter, and such terms shall begin on such first day of January, nineteen hundred thirty-four, except that the terms of collectors shall begin on the day following such election. Nothing herein, however, shall be construed to require the appointment of three assessors in a town of the first class nor the election of three assessors in a town of the second class, if on or before June first, nineteen hundred thirty-three, such town shall have reduced the number of its assessors from three to one, pursuant to the provisions of chapter four hundred seventy-eight of the laws of nineteen hundred twenty-five, and in such a town no assessor shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. Nothing herein, however, shall be construed to require the election of a superintendent of highways in a town which shall have adopted a proposition that thereafter such town superintendent shall be appointed by the town board, pursuant to the provisions of section forty-one of the highway law, and in such town no superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. The provisions of this subdivision shall not apply to towns in the county of Broome. 5. In a town which is to be in the first class, but one justice of the peace shall be elected for a full term at such biennial town meeting for the year nineteen hundred thirty-three, and but one for a full term at each biennial town election thereafter. The town board of any such town, however, may adopt a resolution on or before June fifteenth, nineteen hundred thirty-three, determining that no justice of the peace shall be elected at the biennial town meeting for the year nineteen hundred thirty-three. If the town board shall adopt such a resolution within the time specified, no justice of the peace shall be elected at the biennial town meeting of such town for the year nineteen hundred thirty-three, and two justices of the peace shall be elected for a full term each at the biennial town election in the year nineteen hundred thirty-five and two justices of the peace shall be elected at every second biennial town election held thereafter. No provision of this chapter shall be construed to abridge the term of a justice of the peace heretofore elected in any town of the first class. Not later than August first, nineteen hundred thirty-three, the town board of any town which is to bein the first class and which shall have a population of thirty-five thousand or more, according to the latest federal census or state enumeration, may adopt a resolution determining that such town shall have four justices of the peace. If the town board shall have adopted such a resolution, such town shall have four justices of the peace and party nominations for such offices shall be made and designating petitions may be filed and two justices of the peace shall be elected at the biennial town meeting in the year nineteen hundred thirty-three and at each biennial town election thereafter, in the same manner as other elective town officers in such town. 5-a. 1. At the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, and at each biennial town election held thereafter in each town of the second class, except as otherwise provided herein, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective officers in such town. During the period from January first, nineteen hundred forty until January first, nineteen hundred forty-two, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-two and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 2. At the biennial town election to be held in the year nineteen hundred forty in each town in the county of Broome and at each biennial town election held in such towns thereafter, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective town officers in such town. During the period from January first, nineteen hundred forty-one until January first, nineteen hundred forty-three, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-three and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 3. The provisions of this subdivision shall not apply to a town having less than three hundred inhabitants according to the latest federal census and having a taxable property valuation of less than one hundred thousand dollars according to the latest assessment roll. 4. The provisions of this subdivision shall not apply to a town having more than four justices of the peace pursuant to law. 5. Notwithstanding the provisions of paragraph one of this subdivision, the town board of any town required thereby to elect one justice of peace and one town councilman at the biennial election to be held on the seventh day of November, nineteen hundred thirty-nine, may adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that there shall be elected at the biennial town election of nineteen hundred thirty-nine, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day ofJuly, nineteen hundred thirty-nine, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices of peace shall be elected at said biennial town election of nineteen hundred thirty-nine, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred thirty-nine, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph one of this subdivision. 6. The town board of any town which shall have adopted a resolution pursuant to paragraph five of this subdivision, determining that two justices of peace shall be elected at the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred thirty-nine, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-one and nineteen hundred forty-three and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the election of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph one of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 7. Notwithstanding the provisions of paragraph two of this subdivision, the town board of any town in the county of Broome required thereby to elect one justice of peace and one town councilman at the biennial election to be held in the year nineteen hundred forty, may adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that there shall be elected at the biennial town election of nineteen hundred forty, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day of July, nineteen hundred forty, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices ofpeace shall be elected at said biennial town election of nineteen hundred forty, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred forty, there shall be elected at the biennial town election held in the year nineteen hundred forty-two and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph two of this subdivision. The town board of any town which shall have adopted a resolution pursuant to this paragraph, determining that two justices of peace shall be elected at the biennial town election to be held in the year nineteen hundred forty, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred forty, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-two and nineteen hundred forty-four and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman or councilmen?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the elections of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-two, and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph two of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election in the year nineteen hundred forty-two and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 6. If the town board of any town, shall be required to submit to the qualified electors of the town more than one question or proposition pursuant to the provisions of any subdivision of this section, all of such questions or propositions shall be submitted at a special town meeting to be held at the same time, not later than August first, nineteen hundred thirty-three, at such place or places in the town, as may be fixed by the town board. 7. Nothing contained in this chapter shall be construed to require the election, in a town which is to belong in the second class, of two justices of the peace for full terms at such biennial town meeting in the year nineteen hundred thirty-three, if heretofore two justices of the peace shall have been elected for full terms to begin January first, nineteen hundred thirty-four. 8. In a town which is to belong in the second class, only four justices of the peace heretofore or hereafter elected for terms or parts of terms expiring not earlier than December thirty-first, nineteen hundred thirty-five, or justices appointed or to be appointed or to beelected 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 townassessment roll shall be entitled to vote at such meeting. If a majority of the votes cast on any proposition submitted as herein provided be in the affirmative, the provisions of article thirteen of this chapter shall be applicable to such district and the affairs of such district shall be administered in the manner therein provided. 11. Nothing in this act shall affect or impair the provisions and requirements of articles five to fourteen, both inclusive, of the conservation law, nor affect, impair nor repeal chapter five hundred sixteen of the laws of nineteen hundred twenty-eight, as amended. 12. Joint water districts or water districts in two or more towns, heretofore created or established pursuant to the provisions of article thirteen of the town law, as the same existed prior to its repeal by this act, shall continue as now established and the officers therein named or referred to shall have all the powers and be subject to the duties specified by such article, to the same effect as though such article had not been repealed by this act. The water commissioners therein referred to may provide that a discount shall be allowed for the prompt payment of water rates within the time required by such commissioners for the payment thereof. The provisions of section one-hundred ninety-eight, subdivision twelve (b) of this chapter as to leasing of water storage and distribution facilities shall apply to joint water districts continued pursuant to this subdivision twelve. 13. Not later than June fifteenth, nineteen hundred thirty-three, the town board of any town containing a population of ten thousand or more as shown by the latest federal census, excepting towns in Broome and Suffolk counties, and of any other town which shall determine by any of the methods prescribed by subdivision one of this section to be a town of the first class, may adopt a resolution to establish the ward system for the election of councilmen for such town, which resolution shall be subjected to referendum as herein provided. Within four days after the adoption of such resolution, the town clerk shall cause copies thereof to be posted in ten public places in the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring such resolution be submitted to the electors of the town, for their approval. The form of question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., establishing the ward system for the election of town councilmen, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the ward system be established for the election of town councilmen?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which a petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town as may be fixed by the town board. Notice of the election shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by provisions of the town law relating to special town meetings as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the board of elections of the county inwhich such town is situate shall forthwith divide the town into four wards and fix the boundaries thereof. In so dividing the town into wards, no town election district shall be divided and no election district shall contain parts of two or more wards. So far as possible the division shall be so made that the number of votes in each ward shall be approximately equal. When the board of elections shall have finally determined the boundaries of the wards, the board shall cause a map of the town to be prepared showing in detail the location of each ward and the boundaries thereof. The original map so made shall be filed in the office of the town clerk and copies thereof shall be filed in the offices of the county clerk and the board of elections of the county. The ward system shall be deemed established after such filing is complete. Party nominations shall be made, designating petitions filed and one resident elector of each ward shall be elected as councilman therefrom for a term of two years beginning on the first day of January next succeeding such election, at the biennial town meeting in the year nineteen hundred thirty-three, and biennially thereafter, in the same manner as other elective town officers in such town. 14. An existing law, other than a provision of the former town law hereby repealed, which confers a power or imposes a duty or obligation on a particular town or group of towns, or the towns of a particular county or counties, or an officer or officers thereof, or which provides for the election or appointment of additional officers, shall not be affected nor impaired by this chapter. All provisions of this chapter, however, not inconsistent with a law specified in this section shall apply to any such town.
§ 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 anytown 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 anappointive office, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the office of town superintendent of highways be an appointive office?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors in a town of the first class, and by at least twenty-five electors in a town of the second class. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town, as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the office of town superintendent of highways shall thereafter be an appointive office in such town, and no town superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, and upon the expiration of the term of office of the town superintendent of highways for whom no successor shall be elected, the town board shall appoint a town superintendent of highways who shall take and hold office for the term provided by this chapter. 3-a. Not later than June fifteenth, nineteen hundred thirty-three the town board of any town which is to be in the first class may adopt a resolution that the number of councilmen to be elected shall be reduced from four to two, which resolution shall be subject to referendum as herein provided. Within four days after the adoption of any such resolution, the town clerk shall cause copies thereof to be posted in ten public places of the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring that such resolution be submitted to the electors of the town, for their approval. The form of the question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-nine, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the resolution of the town board of the town of ............., that the number of councilmen to be elected be reduced from four to two, be approved?" A petition for any of the above propositions shall be filed with the town clerk and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which the petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three and at such place or places in the town as may be fixed by the town board. Notice of the meeting shall be given, such meeting held and the votes canvassed and results certified and returned in the manner provided by the provisions of the town law relating to special town meetings, as in force immediately prior to the taking effect of this section. Every elector of the townshall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, such town shall have only two town councilmen and party nominations for such offices made, and designating petitions filed and two town councilmen shall be elected at the biennial town meeting in the year nineteen hundred thirty-three, one for a term of two years and one for a term of four years and thereafter at each biennial town election in such town there shall be elected one town councilman for a term of four years, in the same manner as other elective town officers in such town. 4. The next biennial town meeting and election of town officers in every town of the state shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred thirty-three. It shall be conducted by the officers conducting the general election, and be held at the same places and during the same hours as such election; and the laws governing town meetings held at the time of the general election shall apply. The town officers to be elected thereat shall be those and only those elective town officers of a town of the class to which the town shall belong, under the provisions of this chapter, on January first, nineteen hundred thirty-four. They shall be so elected for the terms prescribed by this chapter, and such terms shall begin on such first day of January, nineteen hundred thirty-four, except that the terms of collectors shall begin on the day following such election. Nothing herein, however, shall be construed to require the appointment of three assessors in a town of the first class nor the election of three assessors in a town of the second class, if on or before June first, nineteen hundred thirty-three, such town shall have reduced the number of its assessors from three to one, pursuant to the provisions of chapter four hundred seventy-eight of the laws of nineteen hundred twenty-five, and in such a town no assessor shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. Nothing herein, however, shall be construed to require the election of a superintendent of highways in a town which shall have adopted a proposition that thereafter such town superintendent shall be appointed by the town board, pursuant to the provisions of section forty-one of the highway law, and in such town no superintendent of highways shall be elected at the biennial town meeting in the year nineteen hundred thirty-three. The provisions of this subdivision shall not apply to towns in the county of Broome. 5. In a town which is to be in the first class, but one justice of the peace shall be elected for a full term at such biennial town meeting for the year nineteen hundred thirty-three, and but one for a full term at each biennial town election thereafter. The town board of any such town, however, may adopt a resolution on or before June fifteenth, nineteen hundred thirty-three, determining that no justice of the peace shall be elected at the biennial town meeting for the year nineteen hundred thirty-three. If the town board shall adopt such a resolution within the time specified, no justice of the peace shall be elected at the biennial town meeting of such town for the year nineteen hundred thirty-three, and two justices of the peace shall be elected for a full term each at the biennial town election in the year nineteen hundred thirty-five and two justices of the peace shall be elected at every second biennial town election held thereafter. No provision of this chapter shall be construed to abridge the term of a justice of the peace heretofore elected in any town of the first class. Not later than August first, nineteen hundred thirty-three, the town board of any town which is to bein the first class and which shall have a population of thirty-five thousand or more, according to the latest federal census or state enumeration, may adopt a resolution determining that such town shall have four justices of the peace. If the town board shall have adopted such a resolution, such town shall have four justices of the peace and party nominations for such offices shall be made and designating petitions may be filed and two justices of the peace shall be elected at the biennial town meeting in the year nineteen hundred thirty-three and at each biennial town election thereafter, in the same manner as other elective town officers in such town. 5-a. 1. At the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, and at each biennial town election held thereafter in each town of the second class, except as otherwise provided herein, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective officers in such town. During the period from January first, nineteen hundred forty until January first, nineteen hundred forty-two, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-two and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 2. At the biennial town election to be held in the year nineteen hundred forty in each town in the county of Broome and at each biennial town election held in such towns thereafter, there shall be elected one justice of the peace for the full term prescribed by law and one town councilman for a term of four years to begin on the first day of January next succeeding the election at which he was elected, and party nominations for such offices shall be made and designating petitions may be filed and such officers shall be elected in the same manner as other elective town officers in such town. During the period from January first, nineteen hundred forty-one until January first, nineteen hundred forty-three, the supervisor, the three justices of the peace and the town councilman of such town shall constitute the town board thereof. On the first day of January, nineteen hundred forty-three and thereafter, the supervisor, the two justices of the peace and the two town councilmen shall constitute such town board. 3. The provisions of this subdivision shall not apply to a town having less than three hundred inhabitants according to the latest federal census and having a taxable property valuation of less than one hundred thousand dollars according to the latest assessment roll. 4. The provisions of this subdivision shall not apply to a town having more than four justices of the peace pursuant to law. 5. Notwithstanding the provisions of paragraph one of this subdivision, the town board of any town required thereby to elect one justice of peace and one town councilman at the biennial election to be held on the seventh day of November, nineteen hundred thirty-nine, may adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that there shall be elected at the biennial town election of nineteen hundred thirty-nine, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day ofJuly, nineteen hundred thirty-nine, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices of peace shall be elected at said biennial town election of nineteen hundred thirty-nine, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred thirty-nine, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph one of this subdivision. 6. The town board of any town which shall have adopted a resolution pursuant to paragraph five of this subdivision, determining that two justices of peace shall be elected at the biennial town election to be held on the seventh day of November, nineteen hundred thirty-nine, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred thirty-nine, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred thirty-nine, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-one and nineteen hundred forty-three and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the election of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph one of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 7. Notwithstanding the provisions of paragraph two of this subdivision, the town board of any town in the county of Broome required thereby to elect one justice of peace and one town councilman at the biennial election to be held in the year nineteen hundred forty, may adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that there shall be elected at the biennial town election of nineteen hundred forty, two justices of peace for the full term prescribed by law but no town councilman. If the town board shall adopt such a resolution, the town clerk shall cause a certified copy thereof to be filed in the office of the board of elections of said county on or before the tenth day of July, nineteen hundred forty, and party nominations for the offices of justice of peace shall be made and designating petitions may be filed and two justices ofpeace shall be elected at said biennial town election of nineteen hundred forty, in the same manner as other elective town officers in such town. In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred forty, there shall be elected at the biennial town election held in the year nineteen hundred forty-two and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in said paragraph two of this subdivision. The town board of any town which shall have adopted a resolution pursuant to this paragraph, determining that two justices of peace shall be elected at the biennial town election to be held in the year nineteen hundred forty, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred forty, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town councilman for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-two and nineteen hundred forty-four and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town councilman or councilmen?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the elections of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-two, and at every biennial town election thereafter, one justice of peace and one town councilman for the terms and in the manner prescribed in paragraph two of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election in the year nineteen hundred forty-two and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town councilman. 6. If the town board of any town, shall be required to submit to the qualified electors of the town more than one question or proposition pursuant to the provisions of any subdivision of this section, all of such questions or propositions shall be submitted at a special town meeting to be held at the same time, not later than August first, nineteen hundred thirty-three, at such place or places in the town, as may be fixed by the town board. 7. Nothing contained in this chapter shall be construed to require the election, in a town which is to belong in the second class, of two justices of the peace for full terms at such biennial town meeting in the year nineteen hundred thirty-three, if heretofore two justices of the peace shall have been elected for full terms to begin January first, nineteen hundred thirty-four. 8. In a town which is to belong in the second class, only four justices of the peace heretofore or hereafter elected for terms or parts of terms expiring not earlier than December thirty-first, nineteen hundred thirty-five, or justices appointed or to be appointed or to beelected 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 townassessment roll shall be entitled to vote at such meeting. If a majority of the votes cast on any proposition submitted as herein provided be in the affirmative, the provisions of article thirteen of this chapter shall be applicable to such district and the affairs of such district shall be administered in the manner therein provided. 11. Nothing in this act shall affect or impair the provisions and requirements of articles five to fourteen, both inclusive, of the conservation law, nor affect, impair nor repeal chapter five hundred sixteen of the laws of nineteen hundred twenty-eight, as amended. 12. Joint water districts or water districts in two or more towns, heretofore created or established pursuant to the provisions of article thirteen of the town law, as the same existed prior to its repeal by this act, shall continue as now established and the officers therein named or referred to shall have all the powers and be subject to the duties specified by such article, to the same effect as though such article had not been repealed by this act. The water commissioners therein referred to may provide that a discount shall be allowed for the prompt payment of water rates within the time required by such commissioners for the payment thereof. The provisions of section one-hundred ninety-eight, subdivision twelve (b) of this chapter as to leasing of water storage and distribution facilities shall apply to joint water districts continued pursuant to this subdivision twelve. 13. Not later than June fifteenth, nineteen hundred thirty-three, the town board of any town containing a population of ten thousand or more as shown by the latest federal census, excepting towns in Broome and Suffolk counties, and of any other town which shall determine by any of the methods prescribed by subdivision one of this section to be a town of the first class, may adopt a resolution to establish the ward system for the election of councilmen for such town, which resolution shall be subjected to referendum as herein provided. Within four days after the adoption of such resolution, the town clerk shall cause copies thereof to be posted in ten public places in the town, with a statement of the date of its adoption. Within fourteen days after the adoption of such resolution, a petition may be filed requiring such resolution be submitted to the electors of the town, for their approval. The form of question to be submitted thereon shall be "Shall the resolution of the town board of the town of ............., establishing the ward system for the election of town councilmen, be approved?" If no such resolution shall have been adopted within the time above provided, a petition may be filed not later than June twenty-ninth, nineteen hundred thirty-three, requiring the submission to such electors of the proposition "Shall the ward system be established for the election of town councilmen?" A petition for any of the above purposes shall be filed with the town clerk, and shall be signed and duly acknowledged by at least one hundred electors of the town. The question or proposition for which a petition shall have been filed shall be submitted by the town board at a special town meeting to be held at a time, not later than August first, nineteen hundred thirty-three, and at such place or places in the town as may be fixed by the town board. Notice of the election shall be given, such meeting held and the votes canvassed and result certified and returned in the manner provided by provisions of the town law relating to special town meetings as in force immediately prior to the taking effect of this section. Every elector of the town shall be entitled to vote at such meeting. If the town board shall have adopted such a resolution and no petition shall have been filed, within the time above provided, for a referendum thereon, or if a majority of the votes cast on any proposition or question submitted as herein provided be in the affirmative, the board of elections of the county inwhich such town is situate shall forthwith divide the town into four wards and fix the boundaries thereof. In so dividing the town into wards, no town election district shall be divided and no election district shall contain parts of two or more wards. So far as possible the division shall be so made that the number of votes in each ward shall be approximately equal. When the board of elections shall have finally determined the boundaries of the wards, the board shall cause a map of the town to be prepared showing in detail the location of each ward and the boundaries thereof. The original map so made shall be filed in the office of the town clerk and copies thereof shall be filed in the offices of the county clerk and the board of elections of the county. The ward system shall be deemed established after such filing is complete. Party nominations shall be made, designating petitions filed and one resident elector of each ward shall be elected as councilman therefrom for a term of two years beginning on the first day of January next succeeding such election, at the biennial town meeting in the year nineteen hundred thirty-three, and biennially thereafter, in the same manner as other elective town officers in such town. 14. An existing law, other than a provision of the former town law hereby repealed, which confers a power or imposes a duty or obligation on a particular town or group of towns, or the towns of a particular county or counties, or an officer or officers thereof, or which provides for the election or appointment of additional officers, shall not be affected nor impaired by this chapter. All provisions of this chapter, however, not inconsistent with a law specified in this section shall apply to any such town.
