Page 22 - Member Handbook

BYLAWS
INTRODUCTION The core mission of the the Delta-Montrose Electric Association (the “Cooperative”) is is is to purchase distribute and generate dependable electric power for consumers within the the the the area served by the the the the Cooperative Cooperative (the “Service Area”) The activities of the the the the Cooperative Cooperative are governed by by its Articles of Incorporation these Bylaws policies adopted by by the the Board and and and various state and and and federal laws laws and and and regulations These These Bylaws are available on on on the the Cooperative’s Cooperative’s website and in hard copy at at at at the the Cooperative’s Cooperative’s Montrose office These These Bylaws are reviewed on on on on a a a a a a a a a a a continuing basis and amendments will be made by by the Board as as necessitated by by changing conditions The effective date of any change is noted in the Bylaws ARTICLE I: GENERAL Section 1 1 1 1 LAW AND ARTICLES These Bylaws are subject to the Amended and Restated Articles of of Incorporation of of DeltaMontrose Electric Association as may be amended from time time to time time (the “Articles”) and the the the Law Law To the the the extent a a a a a a a a a Bylaw conflicts with Law Law or the the the Articles Articles then the the the Law Law or or Articles Articles control “Law” includes applicable local state and federal constitutions statutes ordinances regulations holdings rulings orders and similar documents or or or or actions whether legislative executive or or or or judicial As set forth in in in the the Articles the the the Cooperative is is organized under Title 7 Article Article 55 of the the the Colorado Revised Statutes and has determined to accept the the the benefits and to be be bound by the the the provisions of of Title 7 Article 56 of of the the the Colorado Colorado Revised Statutes (the “Colorado Cooperative Act”) Section 1 2 FISCAL YEAR The fiscal year year of of of the the the Cooperative shall begin the the the first day of of of January of of of each year year and end on on the the the thirty- first day of of December of of the same year Section 1 3 SEAL The corporate seal of of the the the the Cooperative Cooperative shall have the the the the name of of the the the the Cooperative Cooperative and the the the the words “Corporate Seal Colorado ” ARTICLE 2 – MEMBERSHIP Section 2 1 QUALIFICATIONS AND OBLIGATIONS Any person firm association corporation cooperative or or or or body politic or or or or subdivision thereof or any other legal entity (“Person”) will become a a a a a member of of of this Cooperative (a “Member”) upon receipt of of of electric service from the the Cooperative provided that the the Person has first:
(a) completed a a a a a a a written membership application provided by the Cooperative (“Membership Application”) which may be be be electronic (b) agreed to receive purchase or or otherwise otherwise use electric energy generated distributed sold or or otherwise otherwise provided by the the the Cooperative and (c) agreed to comply with and be be bound by (1) the the the the Articles (2) these Bylaws (3) the the the the Membership Application (4) the the the the Cooperative’s Cooperative’s service rules rules and and regulations regulations (5) the Cooperative’s Cooperative’s rate or price schedules and and (6) all rules rules regulations regulations policies programs determinations resolutions or or or actions taken or or or approved by the Cooperative’s Board of Directors (collectively the “Governing Documents”) No Person may hold more than one membership membership in in the the Cooperative Cooperative and no membership membership in in the the Cooperative Cooperative shall be be be transferable except as provided in in in these Bylaws or in in in the the Governing Documents Section 2 2 2 2 JOINT MEMBERSHIP Persons who qualify to be be be Members may hold a a a a joint membership in in in the Cooperative (“Joint Membership”) A Joint Membership Membership may consist of two or or or or more Persons occupying the the same location to or or or or for which the the Cooperative provides electric energy services each of of whom qualifies to to be be a a a a a Member As provided by the the Cooperative’s Board of of Directors (the “Board”) a a a a a a a a Member Member Member may convert the Member’s individual membership to a a a a a a a a Joint Membership with a a a a a a a a qualified Person Qualified Persons become joint Members Members Members of the the Cooperative (“Joint Members”) and consent to being Joint Joint Members Members Members in in in in in the the same manner as Members Members Members become Members Members Members and and consent to being Members Members Members Except as as otherwise provided in in in these Bylaws a a a a a a Joint Member Member Member Member has and and enjoys the the rights benefits and and and privileges and and and is subject to the the obligations requirements and and and liabilities of being a a a a a a Member Joint Members are jointly and severally liable for complying with the the the Governing Documents Without limiting the the the generality of the the the foregoing the effect of a a a Joint Membership shall be be as follows:
(a) the the presence presence at a a a a a a a a meeting of of one one or or more Joint Members shall be be be regarded as the the presence presence of of one one Member Member and waives
notice of the meeting for all Joint Members (b) notice notice to to one or or more Joint Joint Members Members shall constitute notice notice to to all all Joint Joint Members Members (c) a a a a a a waiver waiver of of notice notice signed by one or or or more Joint Joint Members Members shall constitute a a a a a a waiver waiver of of notice notice for all all Joint Joint Members Members meeting may vote
(d) if only one Joint Member votes on on on on on a a a a a matter signs a a a a a petition consent waiver or or other other document or or otherwise acts then the the the the vote
vote
signature signature or or action action binds the Joint Membership and constitutes one vote
vote
signature signature or or action action (e) if more than one Joint Member votes on on on on a a a a a a matter signs a a a a a a petition consent waiver or or or other other document or or or otherwise acts then the the the the first vote
vote
signature or action received by the the the the Cooperative binds the the the the Joint Membership and constitutes one vote
vote
signature or action (f) only one of the Joint Members may be be elected or or or appointed to to serve as an Officer or or or Director (g) upon the the death or withdrawal of one Person who is a a a a a a party to the the Joint Joint Membership Membership such Joint Joint Membership Membership shall be be be terminated and and a a a a a a a a a a a a new membership shall be be be be established with the remaining Joint Members and and any patronage capital will be be be be assigned to the the the the new Member in in accordance with with the the the the policies and and procedures of the the the the Cooperative Notwithstanding the the the the foregoing the the the withdrawn Joint Joint Member Member or or the the the estate of the the the deceased Joint Joint Member Member shall not be be be released from any debts due the the the Cooperative Cooperative until the the the account is is brought current and such Joint Membership is is terminated by the the the Cooperative Cooperative (h) except as set forth in in in in subsection (g) above the the suspension suspension or or termination termination of a a a a a Joint Member constitutes the the suspension suspension termination termination Section 2 3 MEMBERSHIP FEE No membership fee or or capital subscription shall be be be be charged or or collected to become a a a a a Member of