N.Y. Transportation Corporations Law 116 – Consent to incorporation
§ 116. Consent to incorporation. 1. No certificate of incorporation of a sewage-works corporation shall be filed unless there be annexed thereto a certificate or certificates duly executed in behalf of the local governing bodies of the city, town or village, as the case may be, in which any part of a sewer system provided by such corporation is situate and, in the county of Suffolk, an additional certificate duly executed in behalf of the county sewer agency, consenting to the formation of the corporation for the area described in such certificate.
Terms Used In N.Y. Transportation Corporations Law 116
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local governing body: means the legislative body of a city, town or village authorized by law to establish a sewer district or otherwise to provide sewage-works facilities in such city, town or village wherein is located the area to be served by the sewage-works corporation. See N.Y. Transportation Corporations Law 115
- Sewer system: means all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sewage, and other waste, including sewage pumping stations and sewage treatment and disposal plants and sites. See N.Y. Transportation Corporations Law 115
2. Upon receipt of a request for consent to incorporation, the local governing body shall grant or deny such request within sixty days thereafter or within sixty days after notice to it of the approval of maps and specifications of the proposed system filed with the department of health having jurisdiction pursuant to section one hundred seventeen of this article, whichever is later.