Article I
ARTICLE I
MEMBERSHIP
SECTION 1.01. Eligibility. Any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or body politic (each hereinafter referred to as “person”, “applicant”, “him” or “his”) shall be eligible to become a member of and, at one or more premises owned or directly occupied or used by him, to receive electric service from, Egyptian Electric Cooperative Association (hereinafter called the “Cooperative”). No person shall hold more than one membership in the Cooperative.
SECTION 1.02. Application for Membership; Renewal of Prior Application. Application for membership wherein the applicant shall agree to purchase electric power and energy from the Cooperative and to be bound by and to comply with all of the other provisions of the Cooperative’s Articles of Incorporation and By-laws, and all rules, regulations and rate schedules established pursuant thereto, as all the same then exist or may thereafter be adopted or amended (the obligations embraced by such agreement being hereinafter called “membership obligations”) shall be made in writing on such form as is provided therefore by the Cooperative. This writing may be in either document or electronic form. Upon receiving electric service from the Cooperative, an applicant becomes a member of the Cooperative. A copy of the Cooperative’s Bylaws will be sent to all new members. If for any reason, a member does not agree to be bound by and comply with all of the Cooperative’s Bylaws, and all rules, regulations, and rate schedules established pursuant thereto, then the member may terminate the membership and service will be discontinued. A form will be included with the Bylaws to terminate membership. If a member fails to terminate the membership within 30 days of the date the Cooperative sent a copy of the By-laws, it will be conclusively presumed that the applicant is a member of the Cooperative for all purposes.
With respect to any particular classification of service for which the Board of Directors shall require it, such application shall be accompanied by a supplemental contract, executed by the applicant on such form as is provided therefor by the Cooperative. The membership application shall be accompanied by the connection fee provided for in Section 1.03 (together with any service security deposit, facilities extension deposit or contribution in aid of construction that may be required by the Cooperative), which fee (and such services security deposit, facilities extension deposit, or contribution in aid of construction, if any) shall be refunded in the event the application is not approved. Any former member of the Cooperative may, by the sole act of paying a new connection fee and any outstanding account plus accrued interest thereon at the Illinois legal rate on judgments in effect overdue, compounded annually (together with any service security deposit, facilities extension deposit, or contribution in aid of construction that may be required by the Cooperative or attorney’s fees incurred in the enforcement hereof), renew and reactivate any prior application for membership to the same effect as though the application had been newly made on the date of payment.
SECTION 1.03. Connection Fee; Service Security and Facilities Extension Deposits; Contribution in Aid of Construction. The connection fee shall be fixed from time to time by the Board of Directors. The connection fee, (together with any service security deposit, facilities extension deposit, or contribution in aid of construction, or any combination thereof, if required by the Cooperative) shall entitle the member to one service connection. The service connection fee (together with a service security deposit, a facilities extension deposit or a contribution in aid of construction, if required by the Cooperative), shall be paid by the member for each additional service connection requested by said member.
SECTION 1.04. Joint Membership. A husband and wife, shall be accepted into joint membership or, if one of them is already a member, such membership shall automatically converted into a joint-membership. The words “member”, “applicant”, “person”, “his”, a “him” , as used in these By-laws, shall include persons applying for or holding a joint membership, unless otherwise clearly distinguished in the text; and all provisions relating to the rights, powers, terms, conditions obligations, responsibilities and liabilities of membership shall apply equally, severally and jointly to them. Without limiting the generality of the foregoing:
(a) the presence at a meeting of either or both shall constitute the presence of the joint membership and a joint waiver of notice of the meeting.
(b) the vote of either or both shall constitute, respectively, one joint vote.
(c) notice to or waiver of notice signed by either or both shall constitute, respectively, a joint notice or waiver of notice.
(d) suspension or termination in any manner of either shall constitute, respectively, suspension or termination of the joint membership.
(e) withdrawal of either shall terminate the joint membership.
Any application for membership in the Cooperative received after August 4, 1994, from any person who is married shall be deemed and become an application membership by husband and wife as joint tenant members with right of survivorship unless the person making such application otherwise designates in writing.
With respect to memberships issued prior to August 4, 1994, the membership of any person who on that date was married, or who thereafter while a member became married, shall be deemed to have become, and shall become at such time, a membership in husband and wife as joint members with right of survivorship without further action by such member, unless within thirty days after August 4, 1994, or thirty days after the date of marriage, whichever date is later, the person to whom such membership was issued otherwise designates in writing
The records of the Cooperative shall properly show all joint memberships in the names of the joint members. By writings signed by both joint members and filed with the Cooperative, any joint membership may be terminated and vested solely in one of the joint members.
SECTION 1.05. Acceptance into Membership. Upon complying with the requirements set forth in Section 1.02, any applicant shall be accepted into membership in, and become eligible to receive electric service from the Cooperative unless the Board of Directors shall determine that such applicant is not willing or is not able to satisfy and abide by the Cooperative’s terms and conditions of membership or that such application should be rejected for other good cause: PROVIDED, that any person whose application, has been rejected by the Board of Directors may, by filing a written request therefor with the Cooperative at least thirty (30) days prior to the next meeting of the members, have his application submitted to and approved or disapproved by the vote of the members at such meeting, at which the applicant shall be entitled to be present and be heard.
SECTION 1.06. Classifications of Members. All members of the Cooperative shall be classified as either active or inactive members, as follows:
(a) Active Members. All members currently using electric service from the Cooperative, delivered to the respective members through one or more service connections, shall be classed the active members of the Cooperative and as such, shall have the right to vote upon any proposition submitted to the membership of the Cooperative and shall be eligible to hold any elective office in the Cooperative further providing he or she meets all other qualifications required in the By-laws.
(b) Inactive Members. Those persons, having otherwise qualified for membership in the Cooperative but who are not currently using electric service from the Cooperative shall be classed inactive members of the Cooperative and as such, shall not be eligible to vote upon any proposition submitted to the membership of the Cooperative or to hold any elective office in the Cooperative.
Classification of membership from inactive to active or vice versa, shall change at once without notice to said member upon commencing to use or ceasing to use electric service from the Cooperative or disconnection by the Cooperative of the member’s electric service.
Change of classification shall not affect in any way obligation for debts the member may have incurred with the Cooperative nor the capital credits accrued by the member.
SECTION 1.07. Purchase of Electric Power and Energy; Application of Payments to All Accounts’ Power Production by Member. The Cooperative shall use reasonably, diligent efforts to furnish its members with adequate and dependable electric service, although it cannot and, therefore, does not guarantee a continuous and uninterrupted supply thereof; and each member, for so long as such premises are owned or directly occupied or used by him, shall purchase from the Cooperative all central station electric power and energy purchased for use on all premises to which electric service has been furnished by the Cooperative pursuant to his membership, unless and except to the extent that the Board of Directors may in writing waive such requirements, and shall pay therefor at the times, and in accordance with the rules, regulations and rate schedules (including any monthly minimum amount that may be charged without regard to the amount of electric power and energy actually used) established by the Board of Directors and, if in effect, in accordance with the provisions of any supplemental contract that may have been entered into as provided for in Section 1.02. Each member shall also pay all amounts owed by him to the Cooperative as and when they become due and payable. When the member has more than one service connection from the Cooperative, any payment by him for service from the Cooperative shall be deemed to be allocated and credited on a pro rata basis to his outstanding accounts for all such service connections, notwithstanding that the Cooperative’s actual accounting procedures do not reflect such allocation and proration.
Production or use of electric energy on such premises, regardless of the source thereof by means of facilities which shall be interconnected, with Cooperative facilities shall be subject to appropriate regulations as shall be fixed from time to time by the Cooperative.
SECTION 1.08. Excess Payments to be Credited as Member-Furnished Capital. All amounts paid for electric service in excess of the cost thereof shall be furnished by members as capital, and each member shall be credited with the capital so furnished as provide in Article VII of these By-laws.
SECTION 1.09. Wiring of Premises; Responsibility Therefore; Responsibility for Meter Tampering or Bypassing and for Damage to Cooperative Properties; Extent of Cooperative Responsibility; Indemnification. Each member shall cause all premises receiving electric service pursuant to this membership to become and to remain wired in accordance with the specification the Illinois State Fire Marshall’s Office, National Electric Code, any applicable state code or local government ordinances, and of the Cooperative. Each member shall be responsible for---and shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting from any defect in or improper use or maintenance of---such premises and all wiring and apparatus connected thereto or used thereon. Each member shall make available to the Cooperative a suitable site, as determined by the Cooperative, whereon to place the Cooperative’s physical facilities for the furnishing and metering of electric service and shall permit the Cooperative’s authorized employees, agents and independent contractors to have access thereto safely and without interference from hostile dogs or any other hostile source, for meter reading and bill collecting and for inspection, maintenance, replacement, relocation, repair or disconnection of such facilities at all reasonable times. As part of the consideration for such service, each member shall be the Cooperative’s bailee of such facilities and shall accordingly desist from interfering with, impairing the operation of or causing damage to such facilities, and shall use his best efforts to prevent others from so doing. Each member shall also provide such protective devices to his premises, apparatuses or meter base as the Cooperative shall from time to time require in physical facilities and their operation and to prevent any interference with or damage to such facilities. In the event that such facilities are interfered with, impaired in their operation or damaged by the member or any other person when the member’s reasonable care and surveillance should have prevented such, the member shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting therefrom, including but not limited the Cooperative’s cost of repairing, replacing or relocating any such facilities and its loss, if any, of revenues resulting from the failure to or defective functioning of its metering equipment. The Cooperative shall, however, in accordance with its applicable service rules and regulations, indemnify the member for any overcharges for service that may result from a malfunctioning of its metering equipment or any error occurring with the Cooperative’s billing procedures. In no event shall the responsibility of the Cooperative for furnishing electric service extend beyond the point of delivery.
SECTION 1.10. Member to Grant Easements to Cooperative and to Participate in Required Cooperative Load Management Programs. Each member shall upon being requested to do so by the Cooperative, execute and deliver to the Cooperative grants of easements or right-of-way over, on and under such lands owned or leased by or mortgaged to the member. The terms of such a grant shall be reasonable, shall be negotiated by the parties with an intent to disturb agricultural, business, and recreational uses as little as is economically possible, and shall follow roads or property lines when possible. The grant shall only be as required for furnishing of electric service to members or for construction, operation, maintenance or relocation of the Cooperative’s electric facilities. Each member shall participate in any required program that may be established by the Cooperative to enhance load management, more efficiently to utilize or conserve electric energy or to conduct load research. If a member chooses not to participate, he may not benefit from the reduced rates he might otherwise receive.
