N.Y. Transportation Corporations Law § 41: Municipal consent to incorporation

§ 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.