Article I – Members

Article I - Members

Section 1.01. Qualifications, Applications, & Obligations

1. Any person, firm, corporation, or body politic, upon providing sufficient identification, may become a member of Natchez Trace Electric Power Association, herein called “Association” by:
   1. making a written application therefor; and
   2. paying the membership fee hereinafter specified; and
   3. agreeing to purchase from the Association electric energy as hereinafter specified; and
   4. agreeing to comply with and be bound by the Certificate of Incorporation of the Association and by these bylaws and any amendments thereto and such rules and regulations as may from time to time be adopted by the Board of Directors.
2. All applications received more than 90 days prior to an annual membership meeting and which have not been ratified by the Board of Directors at least 31 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 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, firm, corporation, or body politic may own more than 1 membership in the Association.
3. With respect to any particular classification 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 therefor by the Association. The membership application shall be accompanied by any easement, 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 easement and fees (including such service security deposit, service connection fee, facilities extension deposit, or contribution in aid of construction if any) shall be refunded in the event the application is not ratified. 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 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.
4. The membership fee shall be as fixed from time to time by the Board of Directors. The membership fee (together with any service security deposit, or service connection fee, facilities extension deposit, or contribution in aid of construction, or any combination thereof, if required by the Association) shall entitle the member to as many service connections as he may desire and the Association is agreeable to furnishing. A service connection 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.

Section 1.02. Joint Membership

Husband and wife will be accepted into the membership as joint members unless otherwise specified in the application for membership. The husband and wife should sign such application if receiving service at the same connection. If 1 of them is already a member, they may if so desired convert such membership into a joint 1 upon written notice to the Association. The words “member,” “applicant,” “person,” “he,” “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 --

1. the execution by either or both of a proxy shall constitute 1 joint proxy; provided, that if both shall execute a proxy, but be in disagreement on such vote,
   each shall constitute only ½ vote.
2. the presence at a meeting of either or both shall constitute the presence of 1 member and a joint waiver of notice of the meeting and a revocation of any proxy executed by either, or both pursuant to Section 3.06 of these bylaws;
3. the vote of either or both shall constitute, respectively, 1 joint proxy; provided, that if both be present in disagreement on such vote, each shall cast only ½ vote;
4. notice to, or waiver of notice signed by, either or both shall constitute, respectively, a joint notice or waiver of notice;
5. suspension or termination in any manner of either shall constitute, respectively, suspension or termination of the joint membership except as provided by Section 2.06;
6. either, but not both concurrently, shall be eligible to serve as a director of the Association.

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 other than is provided in Section 1.04 on the premises specified in the member’s application for membership, and shall pay therefor monthly at the applicable rate schedule which shall from time to time be fixed 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 1 member. Each member applicant shall assume liability and make payment for the following:

1. The account for which electric power service is rendered by the Association, at the location for which application for service is made.
2. Any delinquent account or amount owed to the Association where the member or applicant has 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 sufficient identification 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 fixed from time to time by the Association.

Notice of the presence or intent to construct such co-generation facilities upon the premises shall be given to the Association. Compliance with the National Electric Safety Code and TVA requirements are prerequisites before any interconnection with the Association facilities may be allowed.

Section 1.05. Wiring of Premises; Responsibility Therefor; Responsibility for Meter Tampering, or Bypassing, & for Damage to Association Properties; Extent of Association Responsibility; Indemnification

Each member shall cause all premises receiving electric service, pursuant to his membership, to become and to remain wired in accordance with the specifications of the Mississippi Insurance Underwriters Association, the National Electrical Code, the National Electrical Safety Code, any applicable state code or local government ordinances, and of the Association, it being understood and agreed that the connection by the Association, to the members 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 apparatuses 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, apparatuses, 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 interferences 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 therefrom, 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, indemnify 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, without compensation, and deliver to the Association grants of easement or right-of-way over, on, across, and under such lands owned or occupied by the member, and 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.