Article I

ARTICLE I –MEMBERSHIP

Section 1.01 – Eligibility. Any natural person, firm, association, corporation, business trust, partnership, limited liability company, federal agency, state or political subdivision or agency thereto, or body politic, shall be eligible to become a member of, and at one or more premises owned or directly occupied or used by the member, to receive electric service from Roosevelt County Electric Cooperative, Inc. No member shall hold more than one voting membership in the cooperative.

Section 1.02 – Application for Membership: Renewal for Prior Application. Application for membership wherein the applicant shall agree to purchase electric power and energy from the Cooperative and to be bound by and to comply with all of the other provisions of the Cooperative's Articles of Incorporation and Bylaws, and all rules, regulations and rate schedules established pursuant thereto, as all the same then exist or may thereafter be adopted or amended shall be made in writing on such forms as is provided therefore by the Cooperative. With respect to any particular classification of service for which the Board of Trustees requires such application shall be accompanied by a supplemental contract, executed by the applicant on such form as is provided therefore by the cooperative. 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 cooperative, which service security deposit, service connection deposit or fee, facilities extension or contribution in aid of construction, if any, shall be refunded in the event the application is not approved. Any former member of the cooperative may, paying any outstanding account plus accrued interest thereon at the statutory rate on judgments in effect when such account first became overdue, compounded annually, together with any deposit, fee, or contribution in aid of construction that may be required by the cooperative, renew a prior application for membership to the same effect as though the application had been newly made on the date of such payment.

Section 1.03 – Service Security & Facilities Extension: Deposit: Contribution in Aid of Construction. The 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 cooperative, shall entitle the member to one service connection. A service connection deposit or fee, in such amount as shall be prescribed by the cooperative in compliance with all PRC and RUS rules, regulations and requirements, together with a service security deposit, facilities extension deposit or a contribution in aid of construction, if required by the cooperative, shall be paid by the member for each additional service connection requested by the member.

Section 1.04 – Joint Membership. A husband and wife will be accepted into joint membership unless both specifically request otherwise in writing, or, if one of them is already a member, the membership is automatically considered joint unless both specifically request otherwise in writing. The words "member", "applicant", or "person", as used in these Bylaws shall include a husband and wife applying for or holding a joint membership, unless 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 presence at a meeting of either or both shall constitute the presence of one member and a joint waiver of notice of the meeting

(b) the vote of either or both shall constitute, respectively, one joint vote;

(c) notice to, or waiver of notice signed by either or both shall constitute, respectively a joint notice or waiver of notice;

(d) suspension or termination in any manner of either shall constitute, respectively, suspension or termination of the joint membership;

(e) either, but not both concurrently, shall be eligible to serve as a trustee of the cooperative.

Section 1.05 – Acceptance into Membership. Upon complying with the requirements set forth in Section 1.02, all applications shall be approved for membership by the Board and shall thereafter be a member of and be eligible to receive electric service from the cooperative, unless the Board of Trustees shall determine that such applicant is not willing or is not able to satisfy and abide by the cooperative's terms and conditions of membership or that such application should be rejected for other good cause: PROVIDED, that any person whose application for sixty (60) days has been denied by the Board may, by filing a written request therefore with the cooperative at least thirty (30) days prior to the next meeting of the members, have his application submitted to and approved or disapproved by the vote of the members at such meeting, at which the applicant shall be entitled to be present and heard.  

Section 1.06 Purchase of Electric Power and Energy: Power Production by Member: Application of Payments to all Accounts. The cooperative shall use its best efforts to furnish its members with adequate and dependable electric service according to PRC rules and regulations although it cannot and therefore does not guarantee a continuous and uninterrupted supply thereof; and each member shall purchase from the cooperative all electric power and energy purchased for use on all premises to which service has been furnished by the cooperative, unless and except to the extent that the Board of Trustees may in writing waive such requirement. Production or use of electric energy on such premises, regardless of the source thereof, by means of facilities which shall be interconnected with cooperative facilities, shall be subject to appropriate regulations as shall be fixed from time to time by the cooperative. Each member shall pay all amounts owed by the member to the cooperative as and when due and payable.

Section 1.07 – Excess Payments to be Credited as Member-Furnished Capital. All amounts paid for electric service in excess of the cost of providing said service thereof shall be furnished by members as capital, and each member shall be credited with the capital so furnished as provided in Article VIII of these Bylaws.

Section 1.08 – Wiring of Premises: Responsibility Therefore: Responsibility for Meter Tampering or Bypassing and for Damage to Cooperative Properties: Extent of Cooperative Responsibility, Indemnification. Each member shall cause all premises receiving electric service pursuant to its membership to become and to remain wired in accordance with the specifications of the New Mexico Fire Insurance Underwriters Association, the National Electric Code, any applicable state code or local government ordinances, and of the cooperative. Each member shall be responsible for, and shall indemnify the cooperative 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 and apparatuses connected thereto or used thereon. Each member shall make available to the cooperative a suitable site, as determined 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 meter reading and for inspection, 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 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 its best efforts to prevent others from so doing. Each member shall also provide such protective devices to its premises, apparatuses or meter base as the cooperative shall from time to time require in order to protect the cooperative's physical facilities and their operation 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 cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting therefrom, 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 of delivery.

Section 1.09 – Member to Grant Easements to Cooperative and to Participate in Required Cooperative Load Management Programs. Each member shall execute and deliver to the cooperative requested grants to easement or right of way over, on and under such lands owned or leased by or mortgaged to the member, and in accordance with such reasonable terms and conditions, as the cooperative shall require for the furnishing of electric service to the member or other members or for the construction, operation and maintenance of the cooperative's electric facilities. Each member shall participate in any required program that may be established by the cooperative to enhance load management, to more efficiently utilize or conserve electric energy or conduct load research.

Section 1.10 – Authorization to Allow Board of Trustees to Subscribe to Enchantment Magazine for the Members of the Cooperative. The Board of Trustees shall be empowered and authorized to subscribe to Enchantment Magazine on behalf of and for circulation to the individual consumers of the cooperative at an annual subscription rate which shall not be less than $4.00 nor more than $8.00 and such subscription shall be paid for each member by the cooperative from any funds accruing in favor of each member so as to reduce such funds in the same manner as would any other expense of the cooperative.

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