14. Powers. A cooperative shall have power:
(a) To sue and be sued in its corporate name;
(b) To have perpetual existence;
(c) To adopt a corporate seal and alter the same;
(d) To generate, manufacture, purchase, acquire, accumulate and transmit electric energy, and to distribute, sell, supply, and dispose of electric energy to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten per centum of the number of its members, provided, however, that such other persons shall become members within one year after they commence taking electric service from the cooperative; and provided, further however, that the furnishing by a cooperative of electric cold storage or processing plant service shall not be deemed to be distributing, selling, supplying or disposing of electric energy, and provided, further however, that a cooperative shall not distribute, sell, supply or dispose of electric energy to any premises or building receiving and using central station electric service or entitled to receive such service as provided by section twelve of the transportation corporations law on the effective date of this chapter or to any premises or buildings hereafter served by any person, corporation or municipality supplying central station electric service, if no co-operative service is available to such premises or building at the time of such installation, without the consent of the person, corporation, or municipality supplying or required by said section twelve of the transportation corporations law to supply such central station electric service;
(e) To assist persons to whom electric energy is or will be supplied by the cooperative in wiring their premises and in acquiring and installing electrical and plumbing appliances, equipment, fixtures and apparatus by making loans therefor, and in connection therewith to wire, or cause to be wired, such premises, and to purchase, acquire, lease as lessor or lessee, sell, distribute, install and repair such electric and plumbing appliances, equipment, fixtures and apparatus;
(f) To assist persons to whom electric energy is or will be supplied by the cooperative in constructing, equipping, maintaining and operating electric cold storage or processing plants, by making loans therefor;
(g) To construct, purchase, lease as lessee, or otherwise acquire, and to equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, lands, buildings, structures, dams, plants and equipment, and any other real or personal property, tangible or intangible, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized;
(h) To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights, privileges, licenses and easements;
(i) To borrow money and otherwise contract indebtedness, and to issue notes, bonds, and other evidences of indebtedness, and to secure the payment thereof by mortgage, pledge, or deed of trust of, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, revenues or income;
(j) To construct, maintain and operate electric transmission and distribution lines along, upon, under and across publicly owned lands and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges and causeways, upon obtaining from the state or the county, town, village or other appropriate municipality the rights, franchises, permissions or consents therefor required by law, provided, however, that the approval or consent of the public service commission shall not be necessary to the obtaining of any such right, franchise, permission or consent or to the exercise thereof or of any right or privilege thereunder;
(k) To exercise the power of eminent domain in the manner provided by the laws of this state for the exercise of such power by other corporations constructing or operating electric transmission and distribution lines or systems;
(l) To become a member of other cooperatives or corporations or to own stock therein;
(m) To conduct its business and exercise its powers within or without this state;
(n) To adopt, amend and repeal by-laws; and
(o) To do and perform any other acts and things, and to have and exercise any other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized.
Last modified: February 3, 2019