LBD11989-03-1
S. 7389 2
council and in counties such board shall consist of the [chairman] CHAIR
of the board of supervisors and such members thereof as shall be chosen
by the board. In towns such board shall consist of the town supervisor
and such members as the town council shall designate. In villages such
board shall consist of the mayor and members designated by the board of
trustees. In school districts, such board shall consist of the president
of the board of education and such members thereof as shall be chosen by
the board of education. In boards of cooperative educational services,
such board shall consist of the president of the board of cooperative
educational services and such members thereof as shall be chosen by the
board of cooperative educational services.
§ 3. Section 572 of the general municipal law, as amended by chapter
805 of the laws of 1964, is amended to read as follows:
§ 572. Binghamton urban renewal agency. A municipal urban renewal
agency, to be known as the Binghamton urban renewal agency, is hereby
established for the accomplishment of any or all of the purposes speci-
fied in articles fifteen and fifteen-A of this chapter and in accordance
with article eighteen of the constitution of the state of New York. It
shall constitute a body corporate and politic, be perpetual in duration
and consist of seven members including the mayor, the comptroller, the
corporation counsel, city engineer, commissioner of public works and two
members of the council of the city of Binghamton, provided however, that
not more than one of such [councilmen] COUNCIL MEMBERS shall be of the
same political party. It shall have the powers and duties now or here-
after conferred by article fifteen-A of this chapter upon municipal
renewal agencies. It shall be organized in the manner prescribed by and
be subject to the provisions of article fifteen-A of this chapter and
the agency, its members, officers and employees and its operations and
activities shall in all respects be governed by the provisions of such
article.
§ 4. Section 581 of the general municipal law, as added by chapter 196
of the laws of 1969, is amended to read as follows:
§ 581. Rochester urban renewal agency. A municipal urban renewal agen-
cy, to be known as the Rochester urban renewal agency, is hereby estab-
lished for the accomplishment of any or all of the purposes specified in
articles fifteen and [fifteen-a] FIFTEEN-A of this chapter and in
accordance with article eighteen of the constitution of the state of New
York. It shall constitute a body corporate and politic, be perpetual in
duration and consist of the nine [councilmen] COUNCIL MEMBERS of the
city of Rochester, including the mayor who shall be [chairman] CHAIR.
It shall have the powers and duties now or hereafter conferred by arti-
cle [fifteen-a] FIFTEEN-A of this chapter upon municipal urban renewal
agencies. It shall be organized in the manner prescribed by and be
subject to the provisions of article [fifteen-a] FIFTEEN-A of this chap-
ter and the agency, its members, officers and employees and its oper-
ations and activities shall in all respects be governed by the
provisions of such article.
§ 5. Section 593 of the general municipal law, as amended by chapter
351 of the laws of 1965, is amended to read as follows:
§ 593. Niagara Falls urban renewal agency. A municipal urban renewal
agency, to be known as the Niagara Falls urban renewal agency, is hereby
established for the accomplishment of any or all of the purposes speci-
fied in articles fifteen and fifteen-A of this chapter and in accordance
with article eighteen of the constitution of the state of New York. It
shall constitute a body corporate and politic, shall be perpetual in
duration, and shall consist of the mayor and all of the [councilmen]
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COUNCIL MEMBERS of the city of Niagara Falls, together with four members
to be appointed by the mayor with the concurring approval of the city
council. It shall have the powers and duties now or hereafter conferred
by article fifteen-A of this chapter upon municipal renewal agencies. It
shall be organized in the manner prescribed by and be subject to the
provisions of article fifteen-A of this chapter and the agency, its
members, officers and employees and of its operations and activities
shall in all respects be governed by the provisions of such article.
§ 6. Section 616 of the general municipal law, as added by chapter 433
of the laws of 1965, is amended to read as follows:
§ 616. Utica urban renewal agency. An urban renewal agency, to be
known as the Utica urban renewal agency, is hereby established for the
accomplishment of any or all of the purposes specified in articles
fifteen and fifteen-A of the chapter and in accordance with article
eighteen of the constitution of the state of New York. It shall consti-
tute a body, corporate and politic, be perpetual in duration and consist
of seven members, including the mayor, who shall be [chairman] CHAIR,
the city engineer, the [chairman] CHAIR of the city planning board, all
of whose terms shall expire with the term of the mayor, two citizen
electors, appointed by and to serve at the pleasure of the mayor and two
members of the common council, appointed by the council, who shall not
be of the same political party and each of whom shall serve until the
expiration of [his] THEIR term of office as [councilman] COUNCIL MEMBER.
The treasurer of the agency shall be the comptroller who shall not be a
member of the agency. It shall have the powers and duties now or here-
after covered by article fifteen-A of this chapter upon municipal
renewal agencies. It shall be organized in the manner prescribed by and
be subject to the provisions of article fifteen-A of this chapter and
the agency, its members, officers and employees and its operations and
activities shall in all respects be covered by the provisions of such
article.
§ 7. Section 629 of the general municipal law, as added by chapter 56
of the laws of 1966, is amended to read as follows:
§ 629. Elmira urban renewal agency. An urban renewal agency, to be
known as the Elmira urban renewal agency, is hereby established for the
accomplishment of any or all of the purposes specified in articles
fifteen and fifteen-A of this chapter and in accordance with article
eighteen of the constitution of the state of New York. It shall consti-
tute a body corporate and politic, be perpetual in duration and consist
of the mayor, the six [councilmen] COUNCIL MEMBERS and the city manager
in an ex-officio capacity. It shall have the powers and duties now or
hereafter conferred by article fifteen-A of this chapter upon municipal
renewal agencies. It shall be organized in the manner prescribed by and
subject to the provisions of article fifteen-A of this chapter and the
agency, its members, officers and employees and its operations and
activities shall in all respects be covered by the provisions of such
article.
§ 8. Section 654 of the general municipal law, as amended by chapter
573 of the laws of 1977, is amended to read as follows:
§ 654. Huntington community development agency. A community develop-
ment agency, to be known as the Huntington community development agency,
is hereby established for the accomplishment of any or all of the
purposes specified in articles fifteen and fifteen-A of this chapter and
in accordance with article eighteen of the constitution of the state of
New York. It shall constitute a body corporate and politic, be perpetual
in duration and consist of five members, including the supervisor, who
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shall be its [chairman] CHAIR, and the four town [councilmen] COUNCIL
MEMBERS, or their respective successors in office. It shall have the
powers and duties now or hereafter conferred by article fifteen-A of
this chapter upon municipal renewal agencies. It shall be organized in
the manner prescribed by and be subject to the provisions of article
fifteen-A of this chapter and the agency, its members, officers and
employees and its operations and activities shall in all respects be
governed by the provisions of such article.
§ 9. Section 680-c of the general municipal law, as added by chapter
480 of the laws of 1982, is amended to read as follows:
§ 680-c. Town of Riverhead community development agency. For the bene-
fit of the town of Riverhead and the inhabitants thereof, a community
development agency, to be known as the TOWN OF RIVERHEAD COMMUNITY
DEVELOPMENT AGENCY, is hereby established for the accomplishment of any
or all of the purposes specified in articles fifteen and fifteen-A of
this chapter. It shall constitute a body corporate and politic, and be
perpetual in duration. It shall have the powers and duties now or here-
after conferred by articles fifteen and fifteen-A of this chapter upon
community development agencies and provided that the exercise of the
powers by such agency with respect to the acquisition of real property
whether by purchase, condemnation or otherwise, shall be limited to the
corporate limits of the town of Riverhead, and such agency shall take
into consideration the local zoning and planning regulations as well as
the regional and local comprehensive land use plans. It shall be organ-
ized in a manner prescribed by and be subject to the provisions of arti-
cles fifteen and fifteen-A of this chapter. Its members shall consist of
the supervisor of the town of Riverhead, who shall be its [chairman]
CHAIR and the four [councilmen] COUNCIL MEMBERS of the town of River-
head. The agency, its members, officers and employees and its operations
and activities shall in all respects be governed by the provisions of
articles fifteen and fifteen-A of this chapter.
§ 10. Subdivision 1 of section 1120-c of the public authorities law,
as amended by chapter 564 of the laws of 1999, is amended to read as
follows:
1. A public corporation to be known as the Clifton Park water authori-
ty, is hereby created for the public purposes and charged with the
duties and having the powers provided in this title. The authority shall
be a body corporate and politic constituting a public benefit corpo-
ration, the objects of which in the judgment of the legislature cannot
be attained under general laws. The authority shall be governed by a
board of five members, who shall be residents of the town of Clifton
Park and be appointed by the Clifton Park town board. The first members
shall be appointed for the following terms of office: the two most
junior [councilmen or councilwomen] COUNCIL MEMBERS on the town board
shall each appoint one member for a term ending on December thirty-first
of the third year following the year in which this title shall have
become law; the other two [councilmen or councilwomen] COUNCIL MEMBERS
on the town board shall each appoint one member for a term ending on
December thirty-first of the fourth year following the year in which
this title shall have become law; and the town supervisor shall appoint
a member for a term ending on December thirty-first of the fifth year
following the year in which this title shall have become law. No elected
officials shall be members of the water authority. Subsequent appoint-
ments of members shall be made by a vote of the majority of the members
of the town board for a term of five years ending in each case on Decem-
ber thirty-first of the last year of such term. All members shall
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continue to hold office until their successors are appointed and quali-
fy. In no event shall more than three members belong to the same poli-
tical party. Vacancies shall be filled in the manner provided for subse-
quent appointments. Vacancies, occurring otherwise than by expiration of
term of office, shall be filled for the unexpired terms. Members may be
removed from office for the same reasons and in the same manner as may
be provided by law for the removal of officers of the town. They shall
receive no reimbursement for the ordinary expenses of attending meet-
ings, but may by resolution of the authority be allowed their expenses
of a special or extraordinary nature.
§ 11. Subdivision 3 of section 298 of the real property law, as
amended by chapter 978 of the laws of 1957, is amended to read as
follows:
3. Before a justice of the peace, town [councilman] COUNCIL MEMBER,
village police justice or a judge of any court of inferior local juris-
diction, anywhere within the county containing the town, village or city
in which [he is] THEY ARE authorized to perform official duties.
§ 12. Subdivision 1 of section 310 of the real property law, as
amended by chapter 978 of the laws of 1957, is amended to read as
follows:
1. When a certificate of acknowledgment or proof is made, within this
state, by a commissioner of deeds, a justice of the peace, town [coun-
cilman] COUNCIL MEMBER, village police justice, or a judge of any court
of inferior local jurisdiction, such certificate does not entitle the
conveyance so acknowledged or proved to be read in evidence or recorded
in any county of this state except a county in which the officer making
such certificate is authorized to act at the time of making the same,
unless such certificate is authenticated by a certificate of the clerk
of such county; provided, however, that all certificates of [acknowl-
ledgment] ACKNOWLEDGMENT or proof, made by a commissioner of deeds of
the city of New York residing in any part therein, shall be authenticat-
ed by the clerk of any county within said city, in whose office such
commissioner of deeds shall have filed a certificate under the hand and
seal of the city clerk of said city, showing the appointment and term of
office of such commissioner; and no other certificates shall be required
from any other officer to entitle such conveyance to be read in evidence
or recorded in any county of this state.
§ 13. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 2 and
subdivision 6 of section 11 of the town law, as amended by chapter 738
of the laws of 1960, are amended to read as follows:
(1) In a town which has two justices of the peace and two town [coun-
cilmen] COUNCIL MEMBERS and the term of one of such justices of the
peace and one of such town [councilmen] COUNCIL MEMBERS expires on
December thirty-first following such election, one justice of the peace
for a term of four years, two town [councilmen] COUNCIL MEMBERS for
terms of four years each, and one town [councilman] COUNCIL MEMBER for a
term of two years;
(2) In a town which has two justices of the peace and two town [coun-
cilmen] COUNCIL MEMBERS and the term of office of both such justices of
the peace expires on December thirty-first following such election, two
justices of the peace for terms of four years each, and two town [coun-
cilmen] COUNCIL MEMBERS for terms of four years each;
(3) In a town which has two justices of the peace and two town [coun-
cilmen] COUNCIL MEMBERS and the term of office of both such town [coun-
cilmen] COUNCIL MEMBERS expires on December thirty-first following such
election, two town [councilmen] COUNCIL MEMBERS for terms of four years
S. 7389 6
each, and two town [councilmen] COUNCIL MEMBERS for terms of two years
each.
6. Town board. On and after the effective date of the change of clas-
sification of such town, the supervisor and the town [councilmen] COUN-
CIL MEMBERS shall constitute the town board thereof. Such town board
shall have all the powers and be subject to all the duties of a town
board of a town of the first class.
§ 14. Paragraph (b) of subdivision 4 and subdivision 8 of section 12
of the town law, paragraph (b) of subdivision 4 as amended by chapter
185 of the laws of 1957 and subdivision 8 as added by chapter 85 of the
laws of 1942, are amended to read as follows:
(b) In addition to the officers specified in the preceding paragraph,
there shall also be elected at such biennial town election in a town
which has four or more justices of the peace but no town [councilman]
COUNCIL MEMBER on the first day of July immediately preceding such
election: one justice of the peace for a term of four years, two town
[councilmen] COUNCIL MEMBERS for terms of four years each, and two town
[councilmen] COUNCIL MEMBERS for terms of two years each.
Any such town which on the first day of July preceding said biennial
town election has three justices of the peace and one town [councilman]
COUNCIL MEMBER, shall elect at said biennial town election one justice
of the peace for a term of four years, two town [councilmen] COUNCIL
MEMBERS for terms of four years each and one town [councilman] COUNCIL
MEMBER for a term of two years, in addition to the officers specified in
paragraph (a) of this subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town [councilmen]
COUNCIL MEMBERS and the term of one of such justices of the peace and of
one of such town [councilmen] COUNCIL MEMBERS expires on December thir-
ty-first following such election, shall elect at such election one
justice of the peace for a term of four years, two town [councilmen]
COUNCIL MEMBERS for terms of four years each and one town [councilman]
COUNCIL MEMBER for a term of two years, in addition to the officers
specified in paragraph (a) of this subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town [councilmen]
COUNCIL MEMBERS and the term of office of both such justices of the
peace expires on December thirty-first following such election, shall
elect at such election two justices of the peace for terms of four years
each and two town [councilmen] COUNCIL MEMBERS for terms of four years
each, in addition to the officers specified in paragraph (a) of this
subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town [councilmen]
COUNCIL MEMBERS and the term of office of both such town [councilmen]
COUNCIL MEMBERS expires on December thirty-first following such
election, shall elect at such election two town [councilmen] COUNCIL
MEMBERS for terms of four years each and two town [councilmen] COUNCIL
MEMBERS for terms of two years each, in addition to the officers speci-
fied in paragraph (a) of this subdivision.
8. Town board. On and after the effective date of the change of clas-
sification of such town, the supervisor and the town [councilmen] COUN-
CIL MEMBERS shall constitute the town board thereof. Such town board
shall have all the powers and be subject to all the duties of a town
board of a town of the first class.
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§ 15. Paragraphs (b) and (c) of subdivision 1, and subdivisions 5 and
5-a of section 20 of the town law, paragraph (b) of subdivision 1 as
amended by chapter 688 of the laws of 2002, paragraph (c) of subdivision
1 as added by chapter 558 of the laws of 1963, subdivision 5 as added by
chapter 751 of the laws of 1933 and subdivision 5-a as added by chapter
703 of the laws of 1972, are amended to read as follows:
(b) Except as otherwise provided by law, every town of the second
class shall have a supervisor, two justices of the peace, two town
[councilmen] COUNCIL MEMBERS, a town clerk, a town superintendent of
highways, three assessors, a collector, and, if there be no town police
department, as many constables as the town board may determine neces-
sary. In any such town in which a town police department has been estab-
lished pursuant to law, the town board may appoint not more than four
civil officers who shall possess all the powers and duties of constables
in civil actions and proceedings only, except that the town board of the
town of Southold, county of Suffolk, may appoint four additional consta-
bles, who shall possess all the powers and duties of constables in civil
and criminal actions and proceedings, solely for the benefit of Fishers
Island located in such town; provided, however, that nothing in this
paragraph shall be deemed to authorize such constables to carry, repair
or dispose of a firearm unless the appropriate license therefore has
been issued pursuant to section 400.00 of the penal law; and shall be
paid no salary by the town board but shall be entitled to collect the
statutory fees allowed by law in such civil actions and proceedings.
Every town of the second class may have in addition such other employees
as the town board may determine necessary for the proper conduct of the
affairs of the town. The supervisor, justices of the peace, town [coun-
cilmen] COUNCIL MEMBERS, town clerk, town superintendent of highways,
assessors and collector in every such town shall be elected. All other
town officers and employees in such a town shall be appointed by the
town board, except as otherwise provided by law. Provided, however, that
in 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, there shall be elected one justice of the peace for a term of four
years and one assessor for a term of two years, but no town [councilman]
COUNCIL MEMBER. Successors to such officers shall be elected for like
terms at the biennial town election prior to the expiration of their
terms of office. The clerk of the court of a town shall be employed and
discharged from employment only upon the advice and consent of the town
justice or justices.
(c) Notwithstanding the provisions of this section or the provisions
of any other general or special law, in the town of Smithtown in the
county of Suffolk, a proposition calling for the abolition of the office
of justice of the peace within such town, as authorized by chapter two
hundred seventy-eight of the laws of nineteen hundred fifty-eight, as
amended by chapter eight hundred eleven of the laws of nineteen hundred
sixty-two, constituting the Suffolk county charter, having been submit-
ted to the electors of such town at the general election held in nine-
teen hundred sixty-two and having at such election received a majority
of affirmative votes, the justices of the peace holding office in such
town at the time of such vote shall continue in office until the end of
the respective terms for which they were elected. At the general
election immediately preceding the expiration of the term of the justice
of the peace in such town whose term shall first expire an additional
town [councilman] COUNCIL MEMBER shall be elected, and at the general
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election preceding the expiration of the term of the justice of the
peace in such town whose term shall be the second such term to expire
another additional town [councilman] COUNCIL MEMBER shall be elected, so
that thereafter such town shall have four town [councilmen] COUNCIL
MEMBERS. Each town [councilman] COUNCIL MEMBER so elected shall be
elected for a term of four years and shall hold office during such term.
5. The term "officer" and/or "officers" whenever used in this chapter
shall include the incumbents of the offices of supervisor, [councilman]
COUNCIL MEMBER, town clerk, justice of the peace, superintendent of
highways, assessor, receiver of taxes and assessments and collector, or
any of them.
5-a. The terms "[councilman] COUNCIL MEMBER" and "[councilmen] COUNCIL
MEMBERS" whenever used in this chapter shall include ALL persons [of the
male and female gender and those of the female gender shall be known and
designated as "councilwoman" and "councilwomen"] ELIGIBLE TO HOLD SUCH
OFFICE.
§ 16. The opening paragraph of section 24 of the town law, as amended
by chapter 293 of the laws of 1993, is amended to read as follows:
All elective officers other than town [councilmen] COUNCIL MEMBERS,
town justices, receivers of taxes and assessors shall hold their respec-
tive offices for two years. The terms of office of the town [councilmen]
COUNCIL MEMBERS first elected after this chapter shall take effect and
of the town [councilmen] COUNCIL MEMBERS first elected in a town which
shall have changed its classification from that of a town of the second
class to that of a town of the first class, shall be two years each for
two town [councilmen] COUNCIL MEMBERS and four years each for two town
[councilmen] COUNCIL MEMBERS, and thereafter at each biennial town
election there shall be elected two town [councilmen] COUNCIL MEMBERS
for terms of four years each.
§ 17. Section 24-b of the town law, as added by chapter 888 of the
laws of 1969, is amended to read as follows:
§ 24-b. Election of [councilmen] COUNCIL MEMBERS and town justices in
the town of Pawling. Notwithstanding the provisions of section twenty-
four OF THIS ARTICLE or any other general or special law, the town board
of the town of Pawling in Dutchess county, may by a resolution adopted
at least ninety days prior to the general election to be held in Novem-
ber of nineteen hundred sixty-nine, provide that at the general election
to be held in November of nineteen hundred sixty-nine, one town [coun-
cilman] COUNCIL MEMBER be elected for a term of two years and one town
[councilman] COUNCIL MEMBER be elected for a term of four years and
thereafter at each biennial town election there shall be elected one
town [councilman] COUNCIL MEMBER for a term of four years. Such resol-
ution may also provide that at the general election to be held in Novem-
ber of nineteen hundred sixty-nine, one town justice be elected for a
term of four years and thereafter at each biennial town election there
shall be elected one town justice for a term of four years.
§ 18. Section 60 of the town law, as added by chapter 739 of the laws
of 1976, subdivision 2 as amended by chapter 123 of the laws of 1981, is
amended to read as follows:
§ 60. Town board constituted. 1. In every town the supervisor and the
town [councilmen] COUNCIL MEMBERS shall constitute the town board and
shall be vested with all the powers of such a town and shall possess and
exercise all the powers and be subject to all the duties now or hereaft-
er imposed by law upon town boards and town boards of health within such
towns; but it is not intended to extend the power of said boards or
officers within the limits of any incorporated village or city, or in
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any manner to abridge or interfere with the power and authority of the
officers of any such village or city within its corporate limits, except
as otherwise provided by law.
2. In any town in which a town justice serves as a member of the town
board, such town justice shall continue to serve as a member of the town
board until the expiration of [his] THEIR term. Thereafter any town
justice shall not be a member of the town board and a town [councilman]
COUNCIL MEMBER shall be elected as a member of such town board in place
of such town justice except as otherwise provided by the town board by
resolution adopted pursuant to the provisions of section sixty-a of this
[chapter] ARTICLE.
§ 19. Section 60-a of the town law, as added by chapter 739 of the
laws of 1976, subdivision 2 as amended by chapter 123 of the laws of
1981, is amended to read as follows:
§ 60-a. Removal of town justices from town board. 1. Notwithstanding
any provision of this chapter or any other law to the contrary, in any
town in which a town justice serves as a member of the town board, a
vacancy shall be created and is hereby created on the town board upon
the expiration of the term of office of such justice and the membership
of such town board shall consist of a town supervisor and town [council-
men] COUNCIL MEMBERS and the vacancy on such town board created by the
expiration of the term of the town justice shall be filled at the gener-
al election preceding the expiration of the term of such justice by the
election of a town [councilman] COUNCIL MEMBER, unless the office of
town [councilman] COUNCIL MEMBER does not exist in such town. In the
event the town board determines that [councilmen] COUNCIL MEMBERS should
be elected biennially and in order to so provide, it is necessary that
such [councilman] COUNCIL MEMBER be elected for a single one year term
or a single three year term, such town board may, by resolution provide
that the town [councilman] COUNCIL MEMBER elected to fill the vacancy
created by the expiration of the term of town justice as town board
member, shall be first elected for a single one or three year term as
provided in such resolution and [his] THEIR successors shall thereafter
be elected for four year terms.
Notwithstanding the provisions of this section, or any other law to
the contrary, which provides that a town justice shall not constitute a
member of the town board, such office of town justice shall continue and
such town justice shall have all the powers and duties of a town justice
as defined by the uniform justice court act and as otherwise provided by
law. Such town justices shall continue to be elected as town justices
except that such town justices shall not constitute members of the town
board.
2. In the event the town board determines that it will be in the best
interests of the town, such town board may, by the adoption of a resol-
ution, subject to permissive referendum, reduce the number of [council-
men] COUNCIL MEMBERS or town justices and provide that the term of such
town [councilman] COUNCIL MEMBER first elected shall be for a single two
or four year term in order to provide for biennial town elections and
[his] THEIR successor shall thereafter be elected for four year terms.
In no event shall any town board constitute less than two town [council-
men] COUNCIL MEMBERS and the supervisor. The town board of any town in
which the number of [councilmen] COUNCIL MEMBERS or justices has been
reduced pursuant to this subdivision, may adopt a resolution, subject to
permissive referendum, restoring one or two of the offices of [council-
men] COUNCIL MEMBERS or town justices previously reduced, provided,
however, that the total number of town justices for such town including
S. 7389 10
the restored offices, shall not exceed the number provided in subdivi-
sion one of section twenty of this chapter. Such resolution shall
provide for a two or four year term for the restored office of [council-
man] COUNCIL MEMBER in order to provide for biennial town elections, and
[his] THEIR successor shall thereafter be elected for four year terms.
The election of a [councilman] COUNCIL MEMBER or town justice to the
restored office shall take place at the biennial town election next
succeeding the effective date of such resolution, for a term of office
commencing January first following the election.
§ 20. Subdivision 2 of section 81 of the town law, paragraph (b) as
amended by chapter 751 of the laws of 1933, paragraph (c) as amended by
chapter 812 of the laws of 1935, and paragraph (d) as added by chapter
374 of the laws of 1940, is amended to read as follows:
2. In any town of the first class:
(a) To increase the number of [councilmen] COUNCIL MEMBERS from four
to six.
(b) To establish or abolish the ward system for the election of [coun-
cilmen] COUNCIL MEMBERS in towns having four or six [councilmen] COUNCIL
MEMBERS.
(c) To decrease the number of [councilmen] COUNCIL MEMBERS from four
to two.
(d) To increase the number of [councilmen] COUNCIL MEMBERS from two to
four.
§ 21. Section 85 of the town law is amended to read as follows:
§ 85. Ward system for election of [councilmen] COUNCIL MEMBERS. 1.
Whenever a proposition shall have been adopted in a town of the first
class for the establishment of the ward system and the election there-
after of one [councilman] COUNCIL MEMBER from each ward, the board of
elections of the county in which such town is situate shall divide the
town into four wards and fix the boundaries thereof, unless a proposi-
tion shall have been adopted to increase the number of [councilmen]
COUNCIL MEMBERS from four to six, in which instance, the board of
elections shall divide the town into six wards and fix the boundaries
thereof. In so dividing the town into wards, no town election district
shall be divided and no election district thereafter created under the
election law shall contain parts of two or more wards. So far as possi-
ble the division shall be so made that the number of voters in each ward
shall be approximately equal. When the board of elections shall have
finally determined the boundaries of the wards, they 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. After a ward system shall have been so established, the term
of office of every town [councilman] COUNCIL MEMBER shall terminate on
the thirty-first day of December next succeeding the first biennial town
election held not less than one hundred twenty days after the establish-
ment of such ward system, and at such biennial town election, and every
biennial town election thereafter, one resident elector of each ward
shall be elected as [councilman] COUNCIL MEMBER therefrom for a term of
two years beginning on the first day of January next succeeding such
election.
2. The ward system may be abolished upon the adoption of a proposition
therefor at any special or biennial town election. At the first biennial
town election held at least one hundred twenty days after the adoption
S. 7389 11
of a proposition to abolish the ward system for election of [councilmen]
COUNCIL MEMBERS, the electors of the town shall elect one-half of the
total number of town [councilmen] COUNCIL MEMBERS for the term of two
years each and one-half of the total number of town [councilmen] COUNCIL
MEMBERS for the term of four years each. At each biennial town election
held thereafter there shall be elected one-half of the total number of
town [councilmen] COUNCIL MEMBERS for the term of four years each. The
terms of all such [councilmen] COUNCIL MEMBERS shall begin on the first
day of January next succeeding the date of their election.
§ 22. Section 87 of the town law, as amended by chapter 374 of the
laws of 1940, is amended to read as follows:
§ 87. Increase or decrease of number of [councilmen] COUNCIL MEMBERS.
1. Whenever a proposition shall have been adopted in a town of the first
class which shall not have established the ward system, to increase the
number of [councilmen] COUNCIL MEMBERS from four to six, party nomi-
nations for town [councilmen] COUNCIL MEMBERS may be made and designat-
ing petitions filed and four town [councilmen] COUNCIL MEMBERS shall be
elected at the first biennial town election held at least one hundred
fifty days thereafter, three for a term of four years each and one for a
term of two years and thereafter at each biennial town election in such
town there shall be elected three town [councilmen] COUNCIL MEMBERS for
the term of four years each, in the same manner as other elective town
officers in such town. The term of office of each such [councilman]
COUNCIL MEMBER shall begin on the first day of January next succeeding
the election at which [he was] THEY WERE elected.
2. Whenever a proposition shall have been adopted in a town of the
first class which shall not have established the ward system, to
increase the number of [councilmen] COUNCIL MEMBERS from two to four,
party nominations for town [councilmen] COUNCIL MEMBERS may be made and
designating petitions filed and three town [councilmen] COUNCIL MEMBERS
shall be elected at the first biennial town election held at least one
hundred fifty days thereafter, two for terms of four years each and one
for a term of two years, and thereafter at each biennial town election
in such town, there shall be elected two town [councilmen] COUNCIL
MEMBERS for terms of four years each, in the same manner as other elec-
tive town officers in such town. The term of office of each such town
[councilman] COUNCIL MEMBER shall begin on the first day of January next
succeeding the election at which [he was] THEY WERE elected.
3. Whenever a proposition shall have been adopted in a town of the
first class to reduce the number of [councilmen] COUNCIL MEMBERS from
four to two, no town [councilmen] COUNCIL MEMBERS shall be elected at
the first biennial town election held at least one hundred fifty days
after the adoption of such proposition. Party nominations for town
[councilmen] COUNCIL MEMBERS may be made and designating petitions filed
and two town [councilmen] COUNCIL MEMBERS shall be elected at the bien-
nial town election next succeeding the biennial town election at which
no town [councilmen] COUNCIL MEMBERS are elected, 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]
COUNCIL MEMBER for a term of four years, in the same manner as other
elective town officers in such town. The term of office of each such
[councilman] COUNCIL MEMBER shall begin on the first day of January next
succeeding the election at which [he was] THEY WERE elected.
§ 23. The section heading, and subdivisions 1, 2 and 3 of section 88
of the town law, the section heading and subdivisions 2 and 3 as amended
S. 7389 12
by chapter 751 of the laws of 1954 and subdivision 1 as amended by chap-
ter 561 of the laws of 1955, are amended to read as follows:
Reduction of number of justices of the peace and election of town
[councilmen] COUNCIL MEMBERS. 1. Except in the town of Hector in the
county of Schuyler, and except as hereinafter provided, in any town of
the second class having more than two justices of the peace there shall
be elected at the next biennial town election occurring after this act
shall take effect and at every biennial town election held in such town
thereafter, one justice of the peace and one town [councilman] COUNCIL
MEMBER for a term of four years each to begin on the first day of Janu-
ary next succeeding the election at which such officers were elected.
During the period between the first day of January next succeeding the
biennial town election at which the first town [councilman] COUNCIL
MEMBER shall be so elected and the first day of January next succeeding
the biennial town election at which a second town [councilman] COUNCIL
MEMBER shall be elected, the supervisor, the justices of the peace and
the town [councilman] COUNCIL MEMBER of such town shall constitute the
town board thereof. On and after the first day of January next succeed-
ing the biennial town election at which the second town [councilman]
COUNCIL MEMBER shall be elected, the supervisor, the two justices of the
peace and the two town [councilmen] COUNCIL MEMBERS shall constitute
such town board. Nothing herein contained shall be construed to abridge
the term of a justice of the peace heretofore elected in any town.
2. Notwithstanding the provisions of subdivision one of this section,
the town board of any town of the second class to which this section
shall apply may, by resolution, direct that at the first biennial town
election held after this act shall take effect, there shall be elected
two town [councilmen] COUNCIL MEMBERS (but no justices of the peace
except to fill a vacancy) for a term of four years each to begin on the
first day of January next succeeding the election at which such officers
were elected, instead of one justice of the peace and one town [council-
man] COUNCIL MEMBER; and on and after the first day of January next
succeeding the biennial town election at which such town [councilmen]
COUNCIL MEMBERS shall be so elected the supervisor, the justices of the
peace and the two town [councilmen] COUNCIL MEMBERS of such town shall
constitute the town board thereof. At each biennial election at which no
town [councilmen] COUNCIL MEMBERS are elected (except to fill a vacancy)
two justices of the peace shall be elected for a term of four years each
beginning on the first day of January next succeeding such election.
3. Notwithstanding the provisions of subdivision one of this section,
the town board of any town of the second class to which this section
shall apply may, by resolution, direct that at the first biennial town
election held after this act shall take effect, there shall be elected
two justices of the peace for a term of four years each to begin on the
first day of January next succeeding the election at which such officers
were elected, instead of one justice of the peace and one town [council-
man] COUNCIL MEMBER; and on and after the first day of January next
succeeding the biennial town election at which such justices of the
peace shall be so elected the supervisor and the justices of the peace
shall constitute the town board thereof. At the next biennial election
thereafter, two town [councilmen] COUNCIL MEMBERS shall be elected for a
term of four years each, in place of the two justices of the peace whose
terms shall next expire, and the town board shall thereafter consist of
the supervisor, two justices of the peace and two town [councilmen]
COUNCIL MEMBERS.
§ 24. Section 325 of the town law is amended to read as follows:
S. 7389 13
§ 325. Application of article. The villages and cities of this state
shall be considered towns for the purpose of construing provisions of
this article relating to strays; and the trustees of the village and the
[aldermen] ALDERPERSONS, [councilmen] COUNCIL MEMBERS or members of the
legislative body of the city shall be fence viewers therein for such
purposes.
§ 25. Subdivision 3-a, paragraphs 1, 2, 5, 6 and 7 of subdivision 5-a,
and subdivision 13 of section 341 of the town law, subdivisions 3-a and
13 as added by chapter 751 of the laws of 1933, paragraphs 1, 2, 5 and 6
of subdivision 5-a as added by chapter 859 of the laws of 1939, and
paragraph 7 of subdivision 5-a as added by chapter 243 of the laws of
1940, are amended to read as follows:
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] COUNCIL MEMBERS to be elected
shall be reduced from four to two, which resolution shall be subject to
referendum as herein provided. Within four days after the adoption of
any such resolution, the town clerk shall cause copies thereof to be
posted in ten public places of the town, with a statement of the date of
its adoption. Within fourteen days after the adoption of such resol-
ution, a petition may be filed requiring that such resolution be submit-
ted 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]
COUNCIL MEMBERS to be elected be reduced from four to two, be approved?"
If no such resolution shall have been adopted within the time above
provided, a petition may be filed not later than June twenty-nine, nine-
teen 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] COUNCIL MEMBERS to be
elected be reduced from four to two, be approved?" A petition for any of
the above propositions shall be filed with the town clerk and shall be
signed and duly acknowledged by at least one hundred electors of the
town. The question or proposition for which the petition shall have been
filed shall be submitted by the town board at a special town meeting to
be held at a time, not later than August first, nineteen hundred thir-
ty-three and at such place or places in the town as may be fixed by the
town board. Notice of the meeting shall be given, such meeting held and
the votes canvassed and results certified and returned in the manner
provided by the provisions of the town law relating to special town
meetings, as in force immediately prior to the taking effect of this
section. Every elector of the town shall be entitled to vote at such
meeting. If the town board shall have adopted such a resolution and no
petition shall have been filed, within the time above provided, for a
referendum thereon, or if a majority of the votes cast on any proposi-
tion or question submitted as herein provided be in the affirmative,
such town shall have only two town [councilmen] COUNCIL MEMBERS and
party nominations for such offices made, and designating petitions filed
and two town [councilmen] COUNCIL MEMBERS shall be elected at the bien-
nial 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] COUNCIL MEMBER for a term of four years, in the same manner
as other elective town officers in such town.
1. At the biennial town election to be held on the seventh day of
November, nineteen hundred thirty-nine, and at each biennial town
S. 7389 14
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]
COUNCIL MEMBER for a term of four years to begin on the first day of
January next succeeding the election at which [he was] THEY WERE
elected, and party nominations for such offices shall be made and desig-
nating 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] COUNCIL MEMBER of such town shall constitute the
town board thereof. On the first day of January, nineteen hundred
forty-two and thereafter, the supervisor, the two justices of the peace
and the two town [councilmen] COUNCIL MEMBERS shall constitute such town
board.
2. At the biennial town election to be held in the year nineteen
hundred forty in each town in the county of Broome and at each biennial
town election held in such towns thereafter, there shall be elected one
justice of the peace for the full term prescribed by law and one town
[councilman] COUNCIL MEMBER for a term of four years to begin on the
first day of January next succeeding the election at which [he was] THEY
WERE elected, and party nominations for such offices shall be made and
designating petitions may be filed and such officers shall be elected in
the same manner as other elective town officers in such town. During the
period from January first, nineteen hundred forty-one until January
first, nineteen hundred forty-three, the supervisor, the three justices
of the peace and the town [councilman] COUNCIL MEMBER of such town shall
constitute the town board thereof. On the first day of January, nineteen
hundred forty-three and thereafter, the supervisor, the two justices of
the peace and the two town [councilmen] COUNCIL MEMBERS shall constitute
such town board.
5. Notwithstanding the provisions of paragraph one of this subdivi-
sion, the town board of any town required thereby to elect one justice
of peace and one town [councilman] COUNCIL MEMBER at the biennial
election to be held on the seventh day of November, nineteen hundred
thirty-nine, may adopt a resolution on or before but not later than the
first day of July, nineteen hundred thirty-nine, determining that there
shall be elected at the biennial town election of nineteen hundred thir-
ty-nine, two justices of peace for the full term prescribed by law but
no town [councilman] COUNCIL MEMBER. If the town board shall adopt such
a resolution, the town clerk shall cause a certified copy thereof to be
filed in the office of the board of elections of said county on or
before the tenth day of July, nineteen hundred thirty-nine, and party
nominations for the offices of justice of peace shall be made and desig-
nating 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] COUNCIL
MEMBER for the terms and in the manner prescribed in said paragraph one
of this subdivision.
6. The town board of any town which shall have adopted a resolution
pursuant to paragraph five of this subdivision, determining that two
S. 7389 15
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] COUN-
CIL MEMBER for terms of four years each at the biennial town elections
to be held in the years nineteen hundred forty-one and nineteen hundred
forty-three and at each biennial town election thereafter, and shall the
town board of this town consist of the supervisor and such justices of
peace and town [councilman] COUNCIL MEMBER?" The town board shall give
notice of the submission of such proposition and such proposition shall
be submitted in the manner provided in article six of this chapter for
the submission of propositions at special or biennial town elections.
The polls shall remain open during the hours fixed for the election of
town officers. Every elector of the town qualified to vote at such
election for town officers shall be entitled to vote upon the foregoing
proposition. The votes upon such proposition shall be canvassed and
certified to the town clerk in the manner provided in section eighty-
three of this chapter. If a majority of the votes cast in such town upon
such proposition shall be in the affirmative, there shall be elected at
the biennial town election held in the year nineteen hundred forty-one
and at every biennial town election thereafter, one justice of peace and
one town [councilman] COUNCIL MEMBER for the terms and in the manner
prescribed in paragraph one of this subdivision. If a majority of the
votes cast in such town upon such proposition shall not be in the affir-
mative 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] COUNCIL MEMBER.
7. Notwithstanding the provisions of paragraph two of this subdivi-
sion, the town board of any town in the county of Broome required there-
by to elect one justice of peace and one town [councilman] COUNCIL
MEMBER at the biennial election to be held in the year nineteen hundred
forty, may adopt a resolution on or before but not later than the first
day of July, nineteen hundred forty, determining that there shall be
elected at the biennial town election of nineteen hundred forty, two
justices of peace for the full term prescribed by law but no town [coun-
cilman] COUNCIL MEMBER. If the town board shall adopt such a resolution,
the town clerk shall cause a certified copy thereof to be filed in the
office of the board of elections of said county on or before the tenth
day of July, nineteen hundred forty, and party nominations for the
offices of justice of peace shall be made and designating petitions may
be filed and two justices of peace shall be elected at said biennial
town election of nineteen hundred forty, in the same manner as other
elective town officers in such town.
In any such town in which two justices of peace shall be so elected at
the biennial town election held in the year nineteen hundred forty,
there shall be elected at the biennial town election held in the year
nineteen hundred forty-two and at every biennial town election thereaft-
er, one justice of peace and one town [councilman] COUNCIL MEMBER for
the terms and in the manner prescribed in [said] paragraph two of this
subdivision.
S. 7389 16
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] COUN-
CIL MEMBER for terms of four years each at the biennial town elections
to be held in the years nineteen hundred forty-two and nineteen hundred
forty-four and at each biennial town election thereafter, and shall the
town board of this town consist of the supervisor and such justices of
peace and town [councilman] COUNCIL MEMBER or [councilmen] COUNCIL
MEMBERS?" The town board shall give notice of the submission of such
proposition and such proposition shall be submitted in the manner
provided in article six of this chapter for the submission of proposi-
tions at special or biennial town elections. The polls shall remain open
during the hours fixed for the elections of town officers. Every elec-
tor 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 major-
ity 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]
COUNCIL MEMBER for the terms and in the manner prescribed in paragraph
two of this subdivision. If a majority of the votes cast in such town
upon such proposition shall not be in the affirmative there shall be
elected at the biennial town election in the year nineteen hundred
forty-two and at every biennial town election thereafter, two justices
of peace for the full term prescribed by law, but no town [councilman]
COUNCIL MEMBER.
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] COUNCIL MEMBERS for such town, which
resolution shall be subjected to referendum as herein provided. Within
four days after the adoption of such resolution, the town clerk shall
cause copies thereof to be posted in ten public places in the town, with
a statement of the date of its adoption Within fourteen days after the
adoption of such resolution, a petition may be filed requiring such
resolution be submitted to the electors of the town, for their approval.
The form of question to be submitted thereon shall be "Shall the resol-
ution of the town board of the town of ............., establishing the
ward system for the election of town [councilmen] COUNCIL MEMBERS, be
approved?" If no such resolution shall have been adopted within the
time above provided, a petition may be filed not later than June twen-
ty-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] COUNCIL MEMBERS?" A petition for
any of the above purposes shall be filed with the town clerk, and shall
S. 7389 17
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 thir-
ty-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 ques-
tion submitted as herein provided be in the affirmative, the board of
elections of the county in which such town is situate shall forthwith
divide the town into four wards and fix the boundaries thereof. In so
dividing the town into wards, no town election district shall be divided
and no election district shall contain parts of two or more wards. So
far as possible the division shall be so made that the number of votes
in each ward shall be approximately equal. When the board of elections
shall have finally determined the boundaries of the wards, the board
shall cause a map of the town to be prepared showing in detail the
location of each ward and the boundaries thereof. The original map so
made shall be filed in the office of the town clerk and copies thereof
shall be filed in the offices of the county clerk and the board of
elections of the county. The ward system shall be deemed established
after such filing is complete. Party nominations shall be made, desig-
nating petitions filed and one resident elector of each ward shall be
elected as [councilman] COUNCIL MEMBER therefrom for a term of two years
beginning on the first day of January next succeeding such election, at
the biennial town meeting in the year nineteen hundred thirty-three, and
biennially thereafter, in the same manner as other elective town offi-
cers in such town.
§ 26. Subdivision 4 of section 17-1703-a of the village law, as added
by chapter 960 of the laws of 1977, the opening paragraph as amended by
chapter 30 of the laws of 2013, is amended to read as follows:
4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town [councilmen] COUNCIL MEMBERS and two town justices
shall be filled by election as hereinafter provided at the November
general election next following the effective date of the creation of
such town or annexation of such territory; all other town offices shall
be appointive. The election of the supervisor, [councilmen] COUNCIL
MEMBERS and justices shall be for terms of office as follows:
(a) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be the term regularly provided by law; the
terms of office for two [councilmen] COUNCIL MEMBERS shall be the terms
regularly provided by law and the terms for the other two [councilmen]
COUNCIL MEMBERS shall be two years each; the term for each justice shall
be the term regularly provided by law. Upon the expiration of the two
S. 7389 18
year term for [councilmen] COUNCIL MEMBERS as above provided, the terms
for such offices shall be as regularly provided by law.
(b) If such election is held in an even-numbered year, then the term
of office for supervisor shall be one year; the terms of office for
[councilmen] COUNCIL MEMBERS shall be one year for two [councilmen]
COUNCIL MEMBERS and three years for the other two [councilmen] COUNCIL
MEMBERS and the terms of office for each justice shall be for the
remainder of the then unexpired terms. Thereafter, each office shall be
filled for the term regularly provided by law.
§ 27. Subdivision 3 of section 17-1708 of the village law, as added by
chapter 355 of the laws of 1975, is amended to read as follows:
3. In any village which has been or may hereafter be incorporated to
embrace the entire territory of a town, the proposition proposed and
submitted as provided in subdivision one of this section, may be in
substantially the following form: "Shall the offices of town supervisor
and town [councilman] COUNCIL MEMBER, as presently constituted, be
deemed vacant and the mayor and board of trustees of the village of
_______________hereafter constitute the supervisor and town board,
respectively, of the town of _________________for all purposes?" In case
the said proposition be adopted by a majority of the electors of the
said town voting thereon, the mayor of the said village, as the office
shall be held from time to time, and the board of trustees of the said
village, as the same shall be constituted from time to time, shall, from
and after the first day of January next succeeding the date of said
election, constitute the supervisor and town board of the said town for
all purposes, and shall have all the rights, powers and duties thereof
and neither the town clerk, nor the town justices of the said town,
shall by virtue of their offices be members of the said town board. The
town board of the said town as so organized shall keep a separate jour-
nal of its proceedings and the town clerk shall be the clerk thereof.
§ 28. This act shall take effect immediately.
