Legislation
SECTION 41
Municipal consent to incorporation
Transportation Corporations (TCP) CHAPTER 63, ARTICLE 4
§ 41. Municipal consent to incorporation. No certificate of
incorporation of a water-works corporation shall be filed unless there
be annexed thereto a consent to the formation of the corporation, signed
and acknowledged by the local authorities of each municipality named in
such certificate. Such authorities shall be: in a city, a majority of
the members of the board or body having charge of the water supply, or
if there be no such board or body, a majority of the members of the
local legislative body; in a village, a majority of the members of the
board of trustees; in a town outside of a village, the town
superintendent of highways and a majority of the members of the town
board. Such consent to the formation of the corporation shall not be
granted by said local authorities until ten days prior notice in writing
of the application for such consent and until an engineering plan for
proposed water system specifying location and size and type of wells,
pumps, distribution mains and other facilities of the water supply
and/or distribution system is furnished by the water works corporation
to the local authorities and to the county water authority, and to the
county water district if there be such authority or district where the
proposed corporation seeks to operate; and until said authority or
district has reported in writing to the municipality named in the
certificate of incorporation its recommendations as to whether or not
such consent should be granted, setting forth the reasons for such
recommendation and a finding as to whether the proposed water supply
and/or distribution system is reasonably comparable to standards of a
county-wide water system and suitable for eventual integration with such
county-wide water system. Said report shall be filed with such
municipality on or before the tenth day after the giving of the notice
aforesaid.
incorporation of a water-works corporation shall be filed unless there
be annexed thereto a consent to the formation of the corporation, signed
and acknowledged by the local authorities of each municipality named in
such certificate. Such authorities shall be: in a city, a majority of
the members of the board or body having charge of the water supply, or
if there be no such board or body, a majority of the members of the
local legislative body; in a village, a majority of the members of the
board of trustees; in a town outside of a village, the town
superintendent of highways and a majority of the members of the town
board. Such consent to the formation of the corporation shall not be
granted by said local authorities until ten days prior notice in writing
of the application for such consent and until an engineering plan for
proposed water system specifying location and size and type of wells,
pumps, distribution mains and other facilities of the water supply
and/or distribution system is furnished by the water works corporation
to the local authorities and to the county water authority, and to the
county water district if there be such authority or district where the
proposed corporation seeks to operate; and until said authority or
district has reported in writing to the municipality named in the
certificate of incorporation its recommendations as to whether or not
such consent should be granted, setting forth the reasons for such
recommendation and a finding as to whether the proposed water supply
and/or distribution system is reasonably comparable to standards of a
county-wide water system and suitable for eventual integration with such
county-wide water system. Said report shall be filed with such
municipality on or before the tenth day after the giving of the notice
aforesaid.