Legislation
SECTION 46
Corporations may contract with other cities, towns or villages; certificate of extension; effect of merger
Transportation Corporations (TCP) CHAPTER 63, ARTICLE 4
§ 46. Corporations may contract with other cities, towns or villages;
certificate of extension; effect of merger. When any such corporation
has entered into a contract with the authorities of any city, town or
village not mentioned in its certificate of incorporation, but situated
in the same county as the city, towns or villages mentioned therein or
in an adjoining county, to supply it with pure and wholesome water, it
may file a certificate which shall be entitled and endorsed "certificate
of extension of territory of ........ .................. pursuant to
section forty-six of the transportation corporations law" (the blank
space being filled in with the name of the corporation) and which shall
state:
1. The name of the corporation, and, if it has been changed, the name
under which it was originally incorporated.
2. The name of such other city, town or village to be so supplied with
water.
Such certificate shall be signed and acknowledged by the president or
a vice-president and the secretary or an assistant secretary of the
corporation, who shall make and annex an affidavit that they have been
authorized to execute and file the same by the vote of a majority of the
directors of the corporation.
Such certificate shall be filed in each public office in which the
certificate of incorporation is filed. Any corporation which has
heretofore filed or shall file such certificate as aforesaid may
thereupon supply any such city, town or village with water in the same
manner and with the same rights and subject to the same requirements as
if it had been named in the original certificate of incorporation, and
as if such certificate of incorporation had had annexed thereto a
consent to the formation of the corporation, signed and acknowledged by
the local authorities of such municipal corporation, as defined in
section forty-one of this chapter.
The right of merger of waterworks corporations shall not be limited to
corporations operating in the same or adjoining counties, and if a
waterworks corporation be merged pursuant to law with another waterworks
corporation operating in the state, any municipal corporation or
political subdivision of the state, and any public officer, board or
body, authorized by statute to contract with such a merged corporation,
shall have power and authority to contract and deal with the possessor
corporation in the same manner and with the same effect as with such
merged corporation.
certificate of extension; effect of merger. When any such corporation
has entered into a contract with the authorities of any city, town or
village not mentioned in its certificate of incorporation, but situated
in the same county as the city, towns or villages mentioned therein or
in an adjoining county, to supply it with pure and wholesome water, it
may file a certificate which shall be entitled and endorsed "certificate
of extension of territory of ........ .................. pursuant to
section forty-six of the transportation corporations law" (the blank
space being filled in with the name of the corporation) and which shall
state:
1. The name of the corporation, and, if it has been changed, the name
under which it was originally incorporated.
2. The name of such other city, town or village to be so supplied with
water.
Such certificate shall be signed and acknowledged by the president or
a vice-president and the secretary or an assistant secretary of the
corporation, who shall make and annex an affidavit that they have been
authorized to execute and file the same by the vote of a majority of the
directors of the corporation.
Such certificate shall be filed in each public office in which the
certificate of incorporation is filed. Any corporation which has
heretofore filed or shall file such certificate as aforesaid may
thereupon supply any such city, town or village with water in the same
manner and with the same rights and subject to the same requirements as
if it had been named in the original certificate of incorporation, and
as if such certificate of incorporation had had annexed thereto a
consent to the formation of the corporation, signed and acknowledged by
the local authorities of such municipal corporation, as defined in
section forty-one of this chapter.
The right of merger of waterworks corporations shall not be limited to
corporations operating in the same or adjoining counties, and if a
waterworks corporation be merged pursuant to law with another waterworks
corporation operating in the state, any municipal corporation or
political subdivision of the state, and any public officer, board or
body, authorized by statute to contract with such a merged corporation,
shall have power and authority to contract and deal with the possessor
corporation in the same manner and with the same effect as with such
merged corporation.