Section 1. Qualifications and Obligations. Any person, firm, corporation, or body politic may become and remain a member (“Member”) in the Cooperative by:
- paying the membership fee hereinafter specified;
- purchasing from the Cooperative energy as hereinafter specified;
- agreeing to comply with and be bound by the Cooperative’s Governing Documents;
- maintaining an active service on the system;
provided, however, that no person, firm, corporation, or body politic shall become a Member unless and until he, she, or it has been accepted for membership by the Board of Directors. At each regularly scheduled meeting of the Board of Directors, the applications of candidates for membership shall be presented to the Board of Directors for review and acceptance or rejection. No person, firm, corporation, or body politic may own more than 1 membership in the Cooperative. In addition to the rights set forth in Section 5 of this Article, the Board of Directors may suspend a Member’s membership rights for a Member’s failure to comply with the above requirements.
2 or more persons may jointly become a Member, and their application for joint membership may be accepted in accordance with the foregoing provisions of this Section, provided they comply jointly with the provisions of the above subdivisions (a), (b), (c), and (d).
The term “Governing Documents” means the written membership application signed by an applicant or Member and the following documents and actions, all currently existing or as later adopted or amended: (1) all laws regarding or affecting the Cooperative’s property, property rights, operations, Members and Patrons, services, equipment, and Member’s equipment connected to the Cooperative’s facilities; (2) the Articles of Association; (3) these bylaws; (4) the Cooperative’s service rules and regulations; (5) the Cooperative’s rates or price schedules; and (6) all rules, regulations, requirements, guidelines, procedures, policies, programs, determinations, resolutions, or actions taken or approved by the Board of Directors.
Section 2. Membership Fee. The membership fee shall be $5, the payment of which shall make the Member eligible for 1 metered account. An additional fee of $5 shall be paid for each additional metered account requested by the Member.
Section 3. Purchase of Electric Energy. Each Member shall purchase from the Cooperative all electric energy used on the Member’s premises, other than electric energy generated on the Member’s premises and which generation conforms to all local, state and federal laws and regulations, referred to in the application of such Member for membership, and each Member shall pay therefore monthly after electric energy usage is determined for all electric energy used by each account in the Member’s name, and according to the policies of the Cooperative, at rates which shall from time to time be fixed by resolution of the Board of Directors. It is expressly understood that 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. Each Member shall pay to the Cooperative such minimum 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 also shall pay all amounts owed by the Member to the Cooperative as and when the same shall become due and payable.
Section 4. 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 5. Expulsion of Members. The Board of Directors of the Cooperative may, by the affirmative vote of not less than 2/3 of the Members thereof, expel any Member who shall have violated or refused to comply with any of the provisions of the Articles of Association of the Cooperative or these bylaws or any rules or regulations adopted from time to time by the Board of Directors. Any Member so expelled may be reinstated as a Member by a vote of the Members at any annual or special meeting of the Members. The action of the Members with respect to any such reinstatement shall be final.
Section 6. Withdrawal of Membership. Any Member may withdraw from membership upon payment in full of all debts and liabilities of such Member to the Cooperative and upon compliance with such terms and conditions as the Board of Directors may prescribe.
Section 7. Transfer and Termination of Membership.
- Membership in the Cooperative shall not be transferable, except as hereinafter otherwise provided, to any person, firm, corporation, or body politic, unless such person, firm corporation, or body politic is eligible for membership in the Cooperative, and becomes a Member in the Cooperative pursuant and subject to the provisions of the bylaws of the Cooperative. Upon the death, cessation of existence, expulsion, or withdrawal of a Member, the membership of such Member shall thereupon terminate. 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 subdivisions (b) and (c) of Section 1 of this Article. Such transfer shall be made and recorded in the books of the Cooperative.
- When a membership is held jointly, upon the death of either, such membership shall be deemed to be held solely by the survivor with the same effects as though such membership had been originally issued solely to the survivor and the deceased’s name shall be removed on the books of the Cooperative as part of said joint membership; provided, however, that the estate of the deceased shall not be released from any membership debts or liabilities to the Cooperative.