Membership Bylaws - Article I
Membership
SECTION 1.12 Requirements for Membership.
Any person, firm, association, corporation, business trust, partnership, federal
agency, state or political subdivision or agency thereof or any body politic may
become a member in Webster Electric Cooperative (hereinafter called "Cooperative")
by:
(a) filing a written application for membership therein;
(b) agreeing to purchase from the Cooperative electric energy as hereinafter specified;
and
(c) agreeing to comply with and be bound by the articles of incorporation and bylaws
of the Cooperative any rules and regulations adopted by the Board of Directors;
provided, however, that no applicant 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 Cooperative, and no membership in
the Cooperative shall be transferable, except as provided in these bylaws.
SECTION 1.2 Joint Membership.
A husband and wife may apply for a joint membership and, subject to their compliance's
with the requirements set forth in SECTION 1 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 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;
(b) the vote of either separately or both jointly shall constitute on 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 director, provided
that both meet the qualifications for such office.
SECTION 1.3.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 and rules and regulations adopted
by the Board of Directors. The records of the Cooperative shall be changed in such
a manner as shall indicate the changed membership status.
(b) Upon the death of either spouse who is a party to the joint membership, such
membership shall be held solely by the survivor.The records of the Cooperative shall
be changed in such a manner as to indicate the changed membership status; provided,
however, that the estate of the deceased shall notbe released from any debts due
the Cooperative.
SECTION 1.4 Service Connection Fees.
A service connection fee shall be charged and collected in the amount and under
the conditions established by the Cooperative's rules and regulations.
SECTION 1.5 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 premises specified in his
application for membership, and shall pay therefore monthly, at the rate which shall
from time to time be fixed by the board directors.Production or use of electric
energy on such premises regardless of the source thereof, by means of facilities
which shall be interconnected with the Cooperative facilities, shall be subject
to appropriate regulations as shall be fixed from time to time by the Cooperative.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 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 Cooperative as and when the
same shall become due and payable.
SECTION 1.6 Termination of Membership.
(a) 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 Cooperative may, by the affirmative vote of not less than two-thirds of all
directors, expel any member who fails to comply 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 by the Secretary
of 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.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.The membership of a member who for a period of
six months after service is available to him has not purchased electric energy from
the Cooperative, or of a member who has ceased to purchase energy from the Cooperative,
shall be canceled by resolution of the Board of Directors.
(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 his estate 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 the membership fee paid in cash by him,
provided, however, that the Cooperative shall deduct form the amount of the membership
fee the amount of any debts or obligations owning from the member to the Cooperative;
and, provided further, however, that any membership fee which has been paid, in
whole or in part, by the application of capital credited to the account of a non-member
patron as provided in these bylaws, shall be repaid to the member only in accordance
with the provisions of these bylaws with respect to the retirement of patronage
capital.