ARTICLE I - Membership

Section 1. Requirements for Membership. Any person, firm, association, corporation, or body politic or subdivision thereof will become a member of MID-YELLOWSTONE ELECTRIC COOPERATIVE, INC. (hereinafter called the “Cooperative”) upon receipt of electric service from the Cooperative, provided that he/she or it has first:

       (a)  Filed a written application for membership;

       (b)  Agreed to purchase from the Cooperative electric energy 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.

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 2. Joint Membership.  Two individuals may apply for a joint membership and, subject to their compliance 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 two individuals 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 to 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 have the effect of revoking a proxy executed by either or both and f constituting a joint waiver of notice of the meeting;

      (b)   The vote of either separately or both jointly shall constitute one vote;

      (c)   A proxy executed by either or both shall constitute one proxy;

      (d)  A waiver of notice signed by either or both shall constitute a joint waiver;

      (e)  Notice to either shall constitute notice to both;

      (f)  Expulsion of either shall terminate the joint membership;

      (g)  Withdrawal of either shall terminate the joint membership;

      (h).  Either but not both may be elected or appointed as an officer or trustee, 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 there of 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 trustees, A new application must be completed, and the membership 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. A new application must be completed, and the membership shall indicate the changed membership status; provided, however, that the estate of the deceased shall not be released from any debts due the Cooperative.

 

Section 4. Purchase of Electric Energy. Each member shall, when electric service is made available, purchase all electric energy from the Cooperative at the premises specified in his application for membership, except such electric energy as may be generated by the member himself, and shall pay therefor at rates which shall from time to time be fixed by the board of trustees; provided, however, that the board of trustees may limit the amount of electric energy which the Cooperative shall be required to furnish to any one member. 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 as shall be fixed by the board of trustees from time to time, regardless of the amount of electric energy consumed. Each member shall also pay all amounts owed to the Cooperative as and when the same shall become due and payable.

 

Section 5. 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 or 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 from any debts due the Cooperative.