Article I - Membership
Section 1. Requirements for Membership
Any person, firm, association, corporation, or body politic or subdivision thereof may become a Member of the North East Mississippi Electric Power Association (hereinafter called the "Association") by:
- Making a written application for Membership therein;
- Agreeing to purchase from the Association electric energy as hereinafter specified;
- Agreeing to comply with and be bound by the Articles of Incorporation and By-Laws of the Association and any rules and regulations adopted by the Board of Directors; and
- Paying the Membership fee hereinafter specified;
provided however, that no person, firm, association, corporation or body politic or subdivision thereof shall become a Member unless and until he or it has been accepted for Membership by the Board of Directors or the Members. No Member may hold more than one Membership in the Association, and no Membership in the Association shall be transferable, except as provided in these By-Laws.
At each meeting of the Members held subsequent to the expiration of a period of 6 months from the date of incorporation of the Association, all applications received more than ninety days prior to such meetings which have not been accepted or which have been rejected by the Board of Directors shall be submitted by the Secretary to such meeting and, subject to compliance by the applicant with the requirements hereinafter set forth, any such application may be accepted by vote of the Members. The Secretary shall give each such applicant at least 10 days’ notice of the date of the Members' meeting to which his application will be submitted and such applicant shall be entitled to be present and heard at the meeting.
Section 2. Joint Membership
Either a Husband or wife may apply for and be accepted into the Membership as joint Members. The husband or wife may sign such application for the other if receiving service at the same connection. All such applications shall be considered as a joint Membership for so long as those parties remain married and residing at the address for which application is made. If 1 of them is already a Member when they marry, such Membership shall be deemed to have automatically converted into a joint Membership. The words "Member", "applicant", "person", "his", and "him", as used in these By-Laws, shall include husband and wife applying for or holding a joint Membership, unless otherwise already distinguished in the text; and all provisions relating to the rights, powers, terms, conditions, obligations, responsibilities and liabilities of Membership shall be equally, severally and jointly applicable to them. Without limiting the generality of the foregoing:
- the execution by either or both of a proxy shall constitute one proxy entitled to vote;
- the presence at a meeting of either or both shall constitute the presence of 1 Member and a joint waiver of notice of the meeting and a revocation of any proxy executed by either, or both pursuant to the By-laws of the Association;
- the vote of either or both shall constitute, respectively, 1 vote;
- each shall be responsible, jointly and severally, for payment of the fees, expenses, and charges applicable to said joint Membership, irrespective of which completed the application for the same;
- notice to, or waiver of notice signed by, either or both shall constitute respectively, a joint notice or waiver of notice; and
- suspension or termination in any manner of either shall constitute respectively, suspension or termination of the joint Membership except that upon the death of either spouse of a joint Membership, such Membership shall continue to be held solely by the survivor in the same manner and to the same effect as though such Membership had never been joint; provided, that the estate of the deceased spouse shall not be released from any debts due the Association, and except upon the legal separation or divorce of the holders of a joint Membership, such Membership shall continue to be held solely by the one who continues to directly occupy or own 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 Association; and
- either, but not both concurrently, shall be eligible to serve as a Director of the Association, but only if both meet the qualifications required therefor.
Section 3. Membership & Service Connections Fees
The Membership fee shall be $10, upon the payment of which a Member shall be eligible for 1 Membership. In addition, all other fees, charges, and deposits shall from time to time be fixed by the Board of Directors.
Section 4. Purchase of Electric Energy
Each Member shall as soon as electric energy shall be available, purchase from the association all electric energy used on the premises specified in his application for
Membership, and shall pay therefor monthly at rates which shall from time to time be fixed by the Board of Directors; provided, however, that the Board may limit the amount of electric energy which the Association shall be required to furnish to any one Member. It is expressly understood that amounts paid for electric energy in excess of the costs of providing such service and energy, and also in excess of any amounts needed to establish reasonable reserves for facilities, equipment or improvements, ongoing and expected construction projects, depreciation and the need to be prepared for emergencies and/or contingencies, are furnished by Members as capital and each Member shall be credited with such capital so furnished as provided in these ByLaws. No capital credits shall be paid or retired as the same is prohibited by the Tennessee Valley Authority (“TVA”), which regulates the Association, and the TVA Act and the contract between the Association and TVA. Each Member shall pay to the Association 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 also pay all amounts owed by him to the Association as and when the same shall become due and payable.
Section 5. Termination of Membership
- Any Member may withdraw from Membership upon compliance with such uniform terms and conditions as the Board of Directors may prescribe. The Board of Directors of the Association, may, by the affirmative vote of not less than 2/3 of all the Directors, expel any Member who fails to comply with any of the provisions of the Articles of Incorporation, By-Laws or rules and regulations adopted by the Board of Directors, but only if such Member shall have been given written notice by the Secretary of the Association that such failure makes him liable to expulsion and such failure shall have continued for at least 10 calendar days after such notice was given. Any expelled Member may be reinstated by vote of the Board of Directors or by vote for the Members at any annual or special meeting. The Membership of a Member who for a period of 6 months after service is available to him, has not purchased electric energy from the Association, or of a Membership who has ceased to purchase electric energy from the Association, shall be canceled by resolution of the Board of Directors.
- 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 his estate from any debts due the Association.
- In case of withdrawal or termination of Membership in any manner, the Association shall repay to the Members the amount of the Membership fee paid by him, provided, however, that the Association shall deduct from the amount of the Membership fee the amount of any debts or obligations owing from the Member to the Association.