Bylaws :: Membership
101 Requirements of Membership
Any person, firm, association, corporation, or body politic may become a member of KEM Electric Cooperative, Inc. (hereinafter called the "Cooperative") upon receipt of electric service from the Cooperative, provided that he or it has first:
- Made a written application for membership therein;
- Agreed to purchase from the Cooperative electric energy as hereinafter specified;
- Agreed to comply with and be bound by the articles of association and Bylaws of the Cooperative and any rules and regulations adopted by the board.
102 Evidence of Membership
Membership in the Cooperative shall be evidenced by purchase of and payment for electric service from the Cooperative.
103 Joint Membership
Any two or more persons, including a husband and wife, may apply for a joint membership and, subject to their compliance with the requirements set forth in Bylaw 101 of this Article, may be accepted for such membership. The term "member" as used in these Bylaws shall be deemed to include a husband and wife, or two or more persons, 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 unless otherwise clearly stated. Without limiting the generality of the foregoing, the effect of the hereinafter specified actions by or in respect to the holders of 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 shall develop policies regarding capital credit apportionment in the event of legal separation, divorce, death, withdrawal, or expulsion of persons holding joint membership.
104 Conversion of Membership
A membership may be converted to joint membership upon written request of the holder thereof and the agreement by such holder and the other prospective joint members to comply with the articles of association, Bylaws and rules and regulations adopted by the board of directors.
105 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 his application for membership 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 by him to the Cooperative as and when the same shall become due and payable.
106 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 his 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 103 above. 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 directors may prescribe.
- The board of directors of the Cooperative may, by the affirmative vote of not less than two-thirds of all directors, expel any member who shall have failed to comply with any of the provisions of the articles of association, Bylaws or rules or regulations adopted by the board of directors, but only if such member shall have been given written notice at his last-known post office address by the Cooperative that such failure makes him liable to expulsion and such failure shall have continued for at least ten days after such notice was given.
- Upon the withdrawal, death, cessation or existence of expulsion of a member, the membership of such member shall thereupon terminate. Termination of membership in any manner 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.
107 Area Coverage
The board of directors shall make diligent effort to see that electric service is extended to the permanent residence of all persons within the Cooperative service area and other persons who meet all reasonable requirements established by the Cooperative as a condition of such service.