If an individual or business wishes electric service, he or it must become a member of West Oregon Electric Cooperative, Inc. (hereinafter called the "Cooperative") in his or its own name; or, in the case of a firm, association, corporation, body politic, or subdivision thereof in the name that body operates under. Such membership shall be secured by the following procedure:
Filing a written application for membership therein;
Agreeing to purchase from the Cooperative electric energy as hereinafter specified;
Agreeing to comply with and be bound by the articles of incorporation and bylaws of the Cooperative and any rules and regulations adopted by the Board of Directors;
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 Board of Directors or the members. No member may hold more than 1 membership in the Cooperative, and no membership in the Cooperative shall be transferable.
All applications shall be automatically accepted unless the Board of Directors determines that the applicant is unable or unwilling to meet all related terms and conditions of services or that the application should be rejected for other good cause.
Upon refusal for membership, the applicant may request a hearing before the Board of Directors. If membership is still rejected, then, at the applicant's request, the matter shall be submitted to a vote of the members at the next membership meeting. Such an applicant shall be entitled to be present and heard at the meetings.
A husband and wife may apply for a joint membership (simply by both parties signing the application for membership) and, subject to their compliance with the requirements set forth in Section 1 of this article, may be accepted for such membership. The term "member" as used in these bylaws 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 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 1 member.
The vote of either separately or both jointly shall constitute 1 joint vote. In case of their disagreement as to how to vote, each may cast 1/2 vote.
A waiver of notice signed by either or both shall constitute 1 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 director, provided that the joint member seeking office meets the qualifications for membership.
A membership may be converted to a joint membership upon the written request of the holder and written agreement by such holder and his or her spouse to comply with the articles of incorporation, bylaws, and rules and regulations adopted by the Board of Directors.
Upon the request or death of either spouse who is a party to the joint membership, such membership shall be held solely by the remaining party. Provided, however, that a deceased person's estate shall not thereby be released from any debts due the Cooperative.
Whenever a member no longer needs service, his membership shall terminate. If a member moves elsewhere within the system, he retains his membership but shall be required to pay a service connection fee.
Any member may withdraw from membership upon compliance with such uniform terms and conditions as the Board of Directors may prescribe.
The Cooperative may expel any member who shall have refused or failed to comply with any of the provisions of the articles of incorporation, bylaws or rules and regulations adopted by the Board of Directors.
Any expelled member may be reinstated by vote of the Board of Directors or the members at any annual, regular, or special meeting.
Upon the withdrawal, death, cessation of existence, or expulsion of a member, the membership of such member shall thereupon terminate. Termination of membership in any manner shall not release the member or his estate from any debts due the Cooperative
The membership fee shall be 1 dollar. A service connection fee, the amount of which from time to time will be established by the Board of Directors, shall be charged for each service connection.
Each member shall make available to the Cooperative a suitable site, subject to approval 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 for inspection, maintenance, replacement, relocation or repair thereof 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 effort to prevent others from doing so.
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 could have prevented such, the member shall indemnify the Cooperative and any other person against death, injury, loss, or damage resulting there from, including but not limited to the Cooperative'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.
In no event shall the responsibility of the Cooperative extend beyond the point at which its service wires are attached to the meter loop provided for measuring electricity used on such premises, or beyond the combination circuit breakermeter base panel if such is owned and maintained by the Cooperative, except that the Cooperative shall, 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. Notwithstanding any of the foregoing, the Cooperative may adopt additional rules, regulations, and policies regarding electrical service.
A member may not purchase electric energy from any other source for use on the premises specified in the application for membership, except that a member may generate his own electricity and sell any excess to the Cooperative so long as the member’s production facilities meet the requirements of ORS 758.505. et seq.
The Board of Directors may limit the amount of electric energy which the Cooperative shall be required to furnish to any 1 member.
The Cooperative will use its best efforts to furnish adequate and dependable electric service, although it cannot and therefore does not guarantee a continuous and uninterrupted supply of electricity.
Each member shall pay monthly, at rates which shall from time to time be fixed by the Board of Directors, for all electric energy purchased from the Cooperative. Each member shall pay to the Cooperative a minimum amount per month regardless of the amount of electric energy consumed, as shall be fixed by the Board of Directors from time to time. Each member shall also pay all amounts owed by him or it to the Cooperative as and when the same shall become due and payable.
It is expressly understood that amounts paid for electric energy in excess of the cost of service are furnished by members as capital, and each member shall be credited with the capital so furnished as provided in these bylaws.
