Section 41. Municipal consent to incorporation  


Latest version.
  • 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.