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Bylaws
Article I
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.
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