Requirements of Membership
101 Requirements of Membership
Any person, firm, association, corporation, or body politic may become a member of Mor-Gran-Sou Electric Cooperative, Inc. (hereinafter called the "Cooperative") upon receipt of electric service from the Cooperative, provided that they have:
- Made an application for membership;
- Agreed to purchase from the Cooperative electric energy as hereinafter specified;
- Must be directly connected to the Cooperative's physical plant;
- 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 Directors.
No person, firm, corporation or political entity may own more than one membership in the Cooperative.
102 Joint Membership
All memberships held by a married person or by a partner shall automatically be held in joint tenancy with the person's spouse or partner. A member shall have the obligation to keep the Cooperative current about the member's marital and partnership status. In addition, the effect of holding a joint membership shall be as follows:
- The presence at a meeting of one or all shall be regarded as the presence of one member and shall constitute a joint waiver of notice of the meeting;
- The vote of one separately or all jointly shall constitute one joint vote;
- A waiver of notice signed by one or all shall constitute a joint waiver;
- Notice to one shall constitute notice to all;
- Expulsion or withdrawal of one of the joint members shall terminate the joint membership if only one joint member remains; if two or more joint members remain, the joint membership shall continue;
- Only one joint member may be elected or appointed as an officer or director, provided that all joint members meet the qualifications of such office;
- No joint members shall be permitted to have any additional service connections except through their joint membership without first applying for and being accepted in the capacity of an individual member at a separate location; and
- The Board of Directors shall develop policies regarding capital credit apportionment for joint members.
103 Purchase of Electric Energy
Each member shall, as soon as electric energy shall be available, purchase from the Cooperative all electric energy purchased for use on the premises specified in the membership application and shall pay therefor at rates which shall from time to time be fixed by 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 amount, regardless of the amount of electric energy consumed, as shall be fixed by the Board of Directors from time to time. Each member shall also pay all amounts owed to the Cooperative when the amount is due and payable.
As required or allowed by law, and as determined by the Board of Directors:
- If a Member substantially reduces or ceases the Member's use, receipt, or purchase of cooperative services, either singly or in combination; then
- The Cooperative may charge the Member, and the Member shall pay the Cooperative the reasonable costs and expenses incurred by the Cooperative in relying upon the Member's pre-reduction or pre-ceasing use, receipt, or purchase of Cooperative Services.
104 Termination of Membership
- Membership in the Cooperative shall automatically terminate when the member ceases to purchase service from the Cooperative.
- The death of a member shall automatically terminate such membership, except that upon the death of one of the persons holding a joint membership, the membership shall continue or terminate as provided in Section 102 of these Bylaws. The cessation of the legal existence of any other type of member shall automatically terminate such membership; provided, that upon dissolution for any reason of a partnership, such membership shall continue to be held solely by such remaining partner or partners as were parties to the original membership and continue directly to occupy or use the premises served by this Cooperative.
- Any member may withdraw from membership upon compliance with such uniform conditions as the Board of Directors may prescribe.
- The Board of Directors may, by the affirmative vote of not less than two-thirds (2/3) of all directors, expel any member who has not materially complied with any of the provisions of the Articles of Incorporation, Bylaws or rules or regulations adopted by the Board of Directors, but only if such member shall have been given written notice of the noncompliance and that expulsion may result if the noncompliance is not cured within ten (10) days of mailing of the notice.
- Upon the withdrawal, death, cessation of existence or expulsion of a member, the membership shall thereupon immediately terminate. Termination of membership shall not release a member from any debts due the Cooperative.
- Any expelled member may be reinstated by vote of the Board of Directors or by vote of the members at any annual or special meeting.