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Section 1.1 Member Relationship

By becoming a Member, the Member acknowledges that:

  1. Every Member is a vital and integral part of the Cooperative
  2. The Cooperative’s successful operation depends upon each Member complying with the articles of incorporation, these bylaws as well as any applicable Membership Agreement
  3. Members are united in an interdependent relationship

Section 1.2 Member Qualifications

Any natural person or entity, including a corporation, partnership or body politic, may become and remain a member in the Cooperative only if the natural person or entity:

  1. Has the capacity to enter legally binding contracts
  2. Pays the membership fee
  3. Consumes, receives purchases or uses or agrees to purchase from the Cooperative electric energy as hereinafter specified
  4. Agrees to comply with and be bound by the articles of incorporation of the Cooperative and these bylaws and any amendments thereto and such rules and regulations as may from time to time be adopted by the board of directors
  5. Has been accepted for membership by the Cooperative’s board of directors. Subject to the provisions of these Bylaws, a person or entity that has met the qualifications for membership shall be a member.

Section 1.3 1 Membership Per Person

No person or entity may own more than 1 membership in the Cooperative.

Section 1.4 Joint Membership

A husband and wife may jointly become a member provided the husband and wife meet the qualifications for membership provided in Section 1.1.

A membership held jointly by a husband and wife shall, upon the death of either, be deemed to be held solely by the survivor with the same effect as though such membership had been originally issued solely to the survivor. The joint membership certificate may be surrendered by the survivor and upon the recording of such death on the books of the Cooperative, the certificate may be reissued to and in the name of such survivor; provided, however, that the estate of the deceased shall not be released from any membership debts or liabilities to the Cooperative.

Section 1.5 Membership Fee

The membership fee shall be $20.

Section 1.6 Member Obligations

Each member shall:

  • (a) Purchase from the Cooperative all electric energy used on the premises specified in member’s application for membership as soon as electric energy shall be available. The board of directors may limit the amount of electric energy which the Cooperative shall be required to furnish
  • (b) Comply with member’s obligations as set forth in:
    • i. any applicable provisions of law
    • ii. the articles of incorporation of the Cooperative
    • iii. the bylaws of the Cooperative
    • iv. any contract between the Cooperative and Member
    • v. any tariff, rate schedules, service rules, regulations or policies of the Cooperative, as may be adopted from time to time
  • (c) If required by the Cooperative for a Cooperative Purpose:
    • i. provide the Cooperative safe and reliable access to or use of member property
    • ii. pursuant to terms and condition specified by the Cooperative, and without compensation from the Cooperative, properly grant and convey to the Cooperative an easement in Member’s property, and execute, notarize, and deliver to the Cooperative a written easement on such form as the Cooperative may promulgate.
      • A “Cooperative Purpose” is, at any time:
        • (a) purchasing, installing, constructing, inspecting, monitoring, operating, repairing, maintaining, removing, relocating, upgrading, or replacing Cooperative equipment or member equipment connected to Cooperative equipment
        • (b) providing a Cooperative service to a member or one or more other members
        • (c) monitoring, measuring, or maintaining a Cooperative service
        • (d) providing electric energy to one or more persons
        • (e) monitoring, measuring, or maintaining electric energy provided to a one or more persons
        • (f) authorizing, permitting, satisfying, or facilitating an obligation incurred, or right granted, by the Cooperative regarding use of Cooperative equipment
        • (g) safely, reliably, and efficiently operating the Cooperative or providing a Cooperative service

Section 1.7 Rates

Each member shall pay such rates and charges as may from time to time be fixed by the board of directors.

Each member shall pay to the Cooperative such minimum amount per month regardless of the amount of electric energy consumed as shall be fixed by the board of directors from time to time. Each member shall pay all amounts owed by member to the Cooperative as and when the same shall become due and payable.

Section 1.8 Credit for Capital Furnished

All amounts paid for electric energy in excess of the cost of service are furnished by members as capital and each member shall be credited with the capital so furnished as provided in these bylaws.

Section 1.9 Non-liability for Debts of the Cooperative

The private property of the members of the Cooperative shall be exempt from execution for the debts of the Cooperative and no member shall be individually liable or responsible for any debts or liabilities of the Cooperative.

Section 1.10 Expulsion of Members

The Cooperative may suspend or terminate the member or any service provided to the member, including the provision of electricity, if member fails to meet the qualifications for membership as provided in Section 1.1 or fails or refuses to satisfy the obligations of member as provided in Section 1.6.

Section 1.11 Withdrawal of Members

Any member may withdraw from membership upon payment in full of all debts and liabilities of the member to the Cooperative and upon compliance with such terms and conditions as the board of directors may prescribe.

Section 1.12 Transfer of Membership

Membership in the Cooperative and a certificate representing the same shall not be transferable, except as hereinafter otherwise provided and upon the death, cessation of existence, expulsion or withdrawal of a member, the membership of such member shall be surrendered forthwith to the Cooperative; provided, however, that termination of membership shall not release the member from the debts or liabilities of such member to the Cooperative.

A membership may be transferred by a member to himself or herself and his or her spouse, as the case may be, jointly upon the written request of such member and compliance by such husband and wife jointly with the provisions of Section 1.3. Such transfer shall be made and recorded on the books of the Cooperative and such joint membership noted on the original certificate representing the membership so transferred.