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.
Last modified: February 3, 2019