§ 41 — Municipal consent to incorporation

New York § 41

• Jurisdiction: New York
• Law TCP: Transportation Corporations
• Art. 4: Water-works Corporations

Text

§ 41. Municipal consent to incorporation. No certificate of\nincorporation of a water-works corporation shall be filed unless there\nbe annexed thereto a consent to the formation of the corporation, signed\nand acknowledged by the local authorities of each municipality named in\nsuch certificate. Such authorities shall be: in a city, a majority of\nthe members of the board or body having charge of the water supply, or\nif there be no such board or body, a majority of the members of the\nlocal legislative body; in a village, a majority of the members of the\nboard of trustees; in a town outside of a village, the town\nsuperintendent of highways and a majority of the members of the town\nboard. Such consent to the formation of the corporation shall not be\ngranted by said local authorities until ten days prior notice in writing\nof the application for such consent and until an engineering plan for\nproposed water system specifying location and size and type of wells,\npumps, distribution mains and other facilities of the water supply\nand/or distribution system is furnished by the water works corporation\nto the local authorities and to the county water authority, and to the\ncounty water district if there be such authority or district where the\nproposed corporation seeks to operate; and until said authority or\ndistrict has reported in writing to the municipality named in the\ncertificate of incorporation its recommendations as to whether or not\nsuch consent should be granted, setting forth the reasons for such\nrecommendation and a finding as to whether the proposed water supply\nand/or distribution system is reasonably comparable to standards of a\ncounty-wide water system and suitable for eventual integration with such\ncounty-wide water system. Said report shall be filed with such\nmunicipality on or before the tenth day after the giving of the notice\naforesaid.\n