ARTICLE I - Membership
Section 1. Requirements for Membership. Any person, firm, association, corporation, or body politic or subdivision thereof may become a member in Goldenwest Electric Coop., Inc., Wibaux, Montana (hereinafter called the “Cooperative”) by:
- Filing a written application for membership therein;
- Agreeing to purchase from the Cooperative electric energy as hereinafter specified;
- Agreeing to comply with the and be bound by the articles of incorporation and by-laws of the Cooperative and any rules and regulations adopted by the Boad of Trustees; 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 Boad of Trustees 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 by-laws.
At each meeting of the members held subsequent to the expiration of a period of six months from the date of incorporation of the Cooperative, all applications received more than ninety (90) days or which have been rejected by the Board of Trustees shall be submitted by the Secretary to such meeting and, subject to compliance by the applicant with the requirements hereinabove set forth, any such application may be accepted by vote of the members. The Secretary shall give each such applicant at least ten (10) days notice of the date of the members’ s meeting to which his application will be submitted and such application shall be entitled to be present and heard at the meeting.
Section 2. Membership Certificates. Membership in the Cooperative shall be evidenced by a membership certificate which shall be in such form and shall contain such provisions as shall be determined by the board of trustees. Such certificate shall be signed by the President and by the Secretary of the Cooperative and the corporate seal shall be affixed thereto. No membership certificate shall be issued for less than the membership fee fixed in these by-laws, nor until such membership fee has been fully paid for in cash. In case a certificate is lost, destroyed or mutilated a new certificate may be issued therefore upon such uniform terms and indemnity to the Cooperative as the board of trustees may prescribe.
Section 3. Joint Membership. A husband and wife may apply for a joint membership and, subject to their compliance with the requirements set forth in Section 1 of the Article, may be accepted for such membership. The term “member” as used in these by-laws 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 to the holders of a joint membership shall be as follows:
- The presence at a meeting of either or both shall be regarded as the presence of one member and shall have the effect of constituting a joint waiver of notice of the meeting;
- The vote of either separately or both jointly shall constitute one vote;
- A waiver of notice signed by either or both shall constitute a joint waiver;
- Notice to either shall constitute notice to both;
- Expulsion of either shall terminate the joint membership;
- Withdrawal of either shall terminate the joint membership;
- Either but not both may be elected or appointed as an officer or trustee, provided that prospective officer or trustee meet the qualification for such office.
Section 4. Conversion of Membership. 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, by-laws and rules and regulations adopted by the board of trustees. The outstanding membership certificate shall be surrendered, and shall be reissued by the Cooperative in such manner as shall be reissued by the Cooperative in such manner as shall indicate the changed membership status.
Upon the death of either spouse of 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 shall not be released from any debts due the Cooperative. 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 directly to occupy or use 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 souse shall not be released from any debts due to the Cooperative.
Section 5. Membership and Service Connection Fees. The membership fee shall be $10.00 except for cottage and town homes, schools, and churches fraternal community organization which membership shall be $5.00, upon the payment of which a member shall be eligible for one service connection.
Section 6. Purchase of Electric Energy. Each member shall, when electric service is made available, purchase from the Cooperative all electric energy used on the premises specified in his application for membership, and shall pay therefor monthly 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 exes of the cost of service are furnished by members as capital and each members shall be credited with the capital so furnished as provided in these by-laws. 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 Trustees 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 7. Termination of Membership. 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 fails to comply with any provisions of the Articles of Incorporation, bylaws, and rules or regulations adopted by the Board of Trustees, but only if such members 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. The membership of the member who for a period of six (6) months after service is available to him, has not purchased electric energy from the Cooperative, or a member who has ceased to purchase energy from the Cooperative, shall be canceled by the resolution of the Board of Trustees.
Upon the withdrawal, death, cessation of existence or expulsion of a member the membership of such member shall thereupon terminate, and the membership certificate of such member shall be surrendered forthwith to the Cooperative. Termination of membership in any manner shall not release a member of his estate from any debts due to the Cooperative.