Section 46. Corporations may contract with other cities, towns or villages; certificate of extension; effect of merger  


Latest version.
  • 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.