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Town of West Bloomfield, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of West Bloomfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-2000 by L.L. No. 1-2000[1]]
Editor's Note: This local law passed at referendum 11-7-2000.
This article is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law, authorizing a town to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession.
The purpose of this article is to permit the Town Board to increase two-year terms of elected officials to four-year terms, to provide for more efficient and continuous government representation, and to further provide for such referendum at an annual election of any year, rather than at any biennial Town election.
Section 24-a of the Town Law is hereby amended and superseded in its application to the Town of West Bloomfield, County of Ontario and State of New York, by adding a new Subparagraph 2 to § 24-a providing as follows:
The Town of West Bloomfield may, in any year it deems necessary, and at least 150 days prior to any town, state or federal election, adopt a resolution to provide that the term of office of each elective town official thereafter elected shall be four years, and such resolution shall be submitted to the qualified electors of the Town, for their approval or disapproval at the next annual election conducted in the Town. No such resolution shall become effective until approved by the affirmative vote of the majority of the qualified electors of the Town voting on such proposition. The submission of such proposition shall be as provided in Article 7 of this chapter for a mandatory referendum thereunder in like manner as if a petition therefor had been filed in accordance with the provisions of this Chapter, except that such proposition may be submitted at any Town election. If the Town Board shall have adopted such a resolution and if a majority of the votes cast on such proposition when submitted as herein provided shall be in the affirmative, the terms of office of those Town officers included in such proposition and thereafter elected shall be for a period of four years. Such resolution for a mandatory referendum shall be given effect and shall be valid if duly passed by the Town Board either before or after the passage of this article.
If any part of this article or the application thereof to any particular office or to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the remainder of this article or the application thereof to other persons or circumstances, and the Town Board of the Town of West Bloomfield hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.