Article I: Membership
Section 1. Requirements for Membership
Any person, firm, association, corporation or body politic or subdivision thereof may become a Member of Central Rural Electric Cooperative, (hereinafter referred to as the “Cooperative”) upon receipt of Cooperative services from the Cooperative, provided that he/she, or it, has first:
(a) made a written application for membership therein;
(b) agreed to purchase from the Cooperative, services as hereinafter specified;
(c) agreed to comply with and be bound by the Articles of Incorporation and bylaws of the Cooperative and any rules and regulations adopted by the Board of Trustees;
(d) paid the membership fee specified by the Board of Trustees;
(e) executed and delivered to the Cooperative grants of easement or right- of-way on or over such lands owned by the Members, and in accordance with such reasonable terms and conditions, as the Cooperative shall require for the furnishing of electric service to him or other Members, or for the construction operation and maintenance, or the relocation of the Cooperative’s electric facilities; and
(f) the Cooperative accepts the Membership upon compliance of all terms. No Member may hold more than one residential membership in the Cooperative, and no membership in the Cooperative shall be transferable, except as provided in these bylaws.
Section 2. Joint Membership
A husband and wife may apply for a joint membership and, subject to their compliance with the requirements set forth in Section 1 of this Article, maybe accepted for such membership. The term “Member” as used in these bylaws shall be deemed to include a husband and wife holding a joint membership and any provisions relating to the rights and liabilities of membership shall apply equally with respect to the holders of a joint membership. Without limiting the generality of the foregoing, the effect of the hereinafter specified actions by or in respect of the holders of a joint membership shall be as follows:
(a) the presence at a meeting of either or both shall be regarded as the presence of one Member and shall constitute a joint waiver of notice of the meeting;
(b) the vote of either separately or both jointly shall constitute one joint vote;
(c) a waiver of notice signed by either or both shall constitute a joint waiver;
(d) notice to either shall constitute notice to both;
(e) expulsion of either shall terminate the joint membership;
(f) withdrawal of either shall terminate the joint membership;
(g) either but not both may be elected or appointed as an officer or board member, provided that both meet the qualifications for such office.
Section 3. Conversion of Membership
(a) A membership may be converted to a joint membership upon the written request of the holder thereof and the agreement by such holder and his or her spouse to comply with the Articles of Incorporation, bylaws, rules and regulations adopted by the Board of Trustees.
(b) Upon the death of either spouse who is a party to the joint membership, such membership shall be held solely by the survivor.
(c) Upon the legal separation or divorce of the holders of a joint membership, or withdrawal of one of the joint members, such membership shall continue to be held solely by the one who continues directly to occupy or use the premises covered by such membership, in the same manner and to the same effect as though such membership had never been joint; provided that the other spouse shall not be released from any debts due the Cooperative.
Section 4. Membership and Connection Fees
The membership fee shall be set by the Board of Trustees, but shall not exceed fifty dollars ($50). A Member shall be eligible for one or more service connections. Section 5. Purchase of Cooperative Services
(a) Each Member shall, as soon as service is available, purchase from the Cooperative those services for use on the premises specified in the application for membership, and shall monthly pay therefore at rates which shall be fixed by the Board of Trustees and approved by such regulatory authority having jurisdiction to govern the rate making function of this Cooperative (if required by law); provided, however that the Board of Trustees may, in its discretion and in the best interest of the Cooperative, limit the amount of electric energy which the Cooperative shall be required to furnish any Member.
(b) It is expressly understood that amounts paid for services 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 amount per month regardless of the amount of Cooperative services utilized, as shall be fixed by the Board of Trustees. Each Member shall also pay all amounts owed by him/her or it to the Cooperative as and when the same shall become due and payable. (c) Production or use of electric energy on the premises specified in a Member’s application for membership, regardless of the source thereof by means of facilities which shall be interconnected with Cooperative’s facilities, shall be subject to appropriate regulations as shall be set by the Cooperative, and in accordance with prevailing law or the rules and regulations of any governing body having jurisdiction over the Cooperative.
Section 6. Termination of Membership
(a) Any Member may withdraw from membership upon compliance with such uniform terms and conditions as the Board of Trustees may prescribe. The Board of Trustees of the Cooperative may, by the affirmative vote of not less than two-thirds of all the Trustees, expel any Member who shall have refused or failed to comply with any of the provisions of the Articles of Incorporation, bylaws, rules or regulations adopted by the Board of Trustees, but only if such Member shall have been given written notice by the Cooperative that such refusal or failure makes him liable to expulsion and such refusal or failure shall have continued for at least ten days after such notice was given. Any expelled Member may be reinstated by vote of the Board of Trustees or by vote of the Members at any annual or special meeting.
(b) Upon the withdrawal, death, cessation of existence, or expulsion of a Member, the membership of such Member shall thereupon terminate. Termination of membership in any manner shall not release a Member or their estate, or successor in interest, from any debts due the Cooperative.
(c) In case of withdrawal or termination of membership in any manner, the Cooperative shall repay to the Member the amount of membership fee paid provided that the Cooperative shall deduct from the amount of membership fee the amount of any debts or obligations owed by the Member to the Cooperative. |  |