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.
Last modified: February 3, 2019