Bylaws

Article I

Bylaws

Article I - Members Article II - Membership Suspension and Termination Article III - Meetings of Members Article IV -Directors Article V - Meetings of Directors Article VI - Officers Article VII - Contracts, Checks and Deposits Article VIII - Non-Profit Operation Article IX - Access to Association Records Article X - Sale or Lease of Assets of the Association Article XI - Miscellaneous Download By Laws (pdf)

Members

Section 1.01. Qualification, Applications and Obligations
(a) Any person, firm, corporation, or body politic may become a member of Coast Electric Power Association, herein called “Association” by:

(1) Making application therefore in accordance with Association’s Service
Rules and Regulations, and
(2) Furnishing sufficient identification to verify identify to the satisfaction
of Association, and
(3) Paying the membership fee hereinafter specified; and
(4) Agreeing to purchase from the Association electric energy as hereinafter specified; and
(5) Agreeing to comply with and be bound by the Certificate of Consolidation of the Association and by these by-laws and any amendments thereto and such rules and regulations as may from time to time be adopted by the Board of Directors.
(6) It is understood and agreed that the receipt of service by any person shall constitute application and membership in the Association unless
written contracts are executed between the parties with a different nonmember and/or other status.

(b) All applications received more than ninety (90) days prior to an annual membership meeting and which have not been accepted by the Board of
Directors at least ten (10) days prior to the meeting shall be submitted by the Board of Directors to such meeting of the members, and subject to compliance
by the applicant with the conditions set forth in subdivisions (1), (2), (3) and (4) of this Section. Such application for membership may be accepted by a vote
of the members at such meeting. The Secretary shall give any such applicant at least ten (10) days notice of the date of the members’ meeting to which his
application will be submitted and such applicant may be present and heard at the meeting. No person, fi rm, corporation or body politic may own more than (1) membership in the Association.
(c) With respect to any particular classifi cation 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 therefore by the Association. The membership application shall be accompanied by any service security deposit, service connection deposit or fee, facilities extension deposit, or contribution in aid of construction that may be required by the Association, which fee (and such service security deposit, service connection deposit or fee, 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 Association may, by the sole act of paying a new membership fee and any outstanding account with interest (together with any service security deposit, service connection deposit or fee, facilities extension deposit, or contribution in aid of construction that may be required by the Association), renew and reactivate any prior application for membership to the same effect as though the application had been newly made on the date of such payment.
(d) The membership fee shall be as fi xed from time to time by the Board of Directors. The membership fee (together with any service security deposit, or
service connection deposit or fee, facilities extension deposit, or contribution in aid of construction, or any combination thereof, if required by the Association) shall entitle the member to one service connection. A service connection deposit or fee, in such amount as shall be prescribed by the Association (together with a service security deposit, a facilities extension deposit or contribution in aid of construction, if required by the Association), shall be paid by the member for each additional service connection requested by him if so required by the Association.

Section 1.02. Joint Membership
Husband and wife will be accepted into the membership as joint members, unless otherwise specifi ed in the application for membership. The husband or wife may make application for the other if receiving service at the same connection. If one of them is already a member, they may if so desired, convert such membership into a joint one upon notice to the Association. The words “member”, “applicant”, “person”, “his”, and “him”, as used in these bylaws, shall include husband and wife 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 execution of a proxy by either or both shall constitute one joint proxy; provided, that if both shall execute a proxy, but be in disagreement on such vote, each shall constitute only one-half (1/2) vote;
(b) The presence at a meeting of either or both shall constitute the presence of one member and a joint waiver of notice of the meeting and a revocation of any proxy executed by either or both, pursuant to Section 3.07 of these bylaws;
(c) The vote of either or both shall constitute, respectively, one joint proxy: provided, that if both present are in disagreement on such vote, each shall cast
only one-half (1/2) vote;
(d) Notice to, or waiver of notice signed by, either or both shall constitute, respectively a joint notice or waiver of notice; (e) Suspension or termination in any manner of either shall constitute, respectively, suspension or termination of the joint membership except as provided bySection 2.06;
(f) Either, but not both concurrently, shall be eligible to serve as a director of the Association, but only if both meet the qualifi cations required therefore.

Section 1.03. Purchase of Electric Energy
Each member shall, as soon as electric energy is made available, purchase from the Association all electric energy used on the premises specifi ed in the member’s application for membership, and shall pay therefore monthly at the applicable rate schedule which shall from time to time be fi xed by the Board of Directors. It is expressly understood that amounts paid for electric energy in excess of the operating costs and expenses of providing service are furnished by members as capital, and each member may be credited with the capital so furnished as provided in these bylaws. The Association cannot and therefore does not guarantee an uninterrupted and continuous supply of electric energy. Additionally, the Board of Directors may limit the amount of electric energy the Association shall be required to furnish to any one member.
Each member applicant shall assume liability and make payment for the following:
(a) The account for which electric power service is rendered by the Association, at the location for which application for service is made.
(b) Subject to the service rules and regulations of Coast Electric Power Association and/or the Public Service Commission, any delinquent
account or amount owed to the Association where the members or applicant resided at the location receiving service, but only for such
delinquency or account which occurred while the member or applicant was a resident. Each applicant will furnish suffi cient identifi cation to verify their true identity and any previous addresses required by the Association.

Section 1.04. Power Production by Member
Production or use of electric energy on such premises, regardless of the source thereof, by means of facilities which shall be interconnected with Association facilities, shall be subject to appropriate regulations as shall be fi xed from time by the Association. Notice of the presence or intent to construct such co-generation facilities upon the premises shall be given the Association. Compliance with the National Electric Safety Code is a prerequisite before any interconnection with the Association facilities may be allowed.

Section 1.05. Wiring of Premises; Responsibility Thereof: Responsibility for Meter Tampering or Bypassing and for Damage to Association Properties; Extent of Association Responsibilities; Indemnification
Each member shall cause all premises receiving electric service pursuant to this membership to become and to remain wired in accordance with the specifi cations of the Mississippi Insurance Underwriters Association, the National Electric Code, the National Electric Safety Code, any applicable state code or local government ordinances, and the Association, it being understood and agreed that the connection by the Association, to the member’s premises shall not in any way or manner constitute the Association’s approval of the member’s wiring or the safety or adequacy of the same. Each member shall be responsible for and shall indemnify the Association 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 apparatus connected thereto or used thereon. Each member shall make available to the Association a suitable site, as determined by the Association, whereon to place the Association’s physical facilities for the furnishing and metering of electric service and shall permit the Association’s authorized employees, agents and independent contractors to have access thereto for meter reading and for inspection, operation, maintenance, replacement, relocation or repair of such facilities at all reasonable times. As part of the consideration
for such service, each member shall be the Association’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 doing so. Each member shall also provide such protective devices to their premises, apparatus or meter base as the Association shall from time to time require in order to protect the Association’s physical facilities and their operation and to prevent any interference with or damage to such facilities. In the event such facilities are interfered with, impaired in their operation or damaged by the member, or by any other person when the member’s reasonable care and surveillance should have prevented such, the member
shall indemnify the Association and its employees, agents and independent contractors against death, injury, loss or damage resulting there from, including, but not limited to, the Association’s cost of repairing, replacing or relocating any such facilities and its loss, if any, of revenues resulting from the failure or defective functioning of its metering equipment. The Association shall, however, in accordance with its applicable service rules and regulations, adjust the account of the member for any overcharges for service that may result from a malfunctioning of its metering equipment or any error occurring
in the Association’s billing procedures. In no event shall the responsibility of the Association extend beyond the point of delivery.

Section 1.06. Member to Grant Easements
Each member, if legally able, shall, upon being requested to do so by the Association, execute and deliver to the Association grants of easement or right-of-way over, on and under such lands owned or occupied by the member, in accordance with such reasonable terms and conditions, as the Association shall require for the furnishing of electric service to him or other members, or for the construction, extension, improvement, operation, maintenance or relocation of the Association’s electric facilities.

Section 1.07. Non-Liability for Debts of the Association
The private property of the members of the Association shall be exempt from execution for the debts of the Association and no member shall be individually liable or responsible for any debts or liabilities of the Association.