10-2057

10-2057. Powers of electric cooperative

A. A cooperative organized under this article may:

1. Sue and be sued in its corporate name.

2. Have perpetual existence.

3. Adopt and alter a corporate seal.

4. To compete more effectively with other entities in the electric energy market,
engage in the generation, manufacture, purchase, acquisition, accumulation, transmission,
marketing, sale, distribution, supply and disposition of electric energy, either
individually or jointly in collaboration with other corporations that have loans made or
guaranteed by the United States through the administrator of the rural utilities service
or that are nonprofit members of the corporation.

5. 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 means of financing.

6. 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 means of financing.

7. Construct, purchase, lease or otherwise acquire, and equip, maintain and
operate, and sell, assign, convey, lease, mortgage, pledge or otherwise dispose of or
encumber electric transmission and distribution lines or systems, electric generating
plants, lands, buildings, structures, dams, plants and equipment, and any other real or
personal property, tangible or intangible, that is deemed necessary, convenient or
appropriate to accomplish any purpose for which the cooperative is organized or that it
elects to undertake.

8. Purchase, lease or otherwise acquire, and use, and exercise and sell, assign,
convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights,
privileges, licenses and easements.

9. Borrow money and otherwise contract indebtedness, and issue notes, bonds and
other evidences of indebtedness, and secure the payment thereof by mortgage, pledge or
deed of trust of, or any other encumbrance upon, any or all of its presently owned or
after-acquired real or personal property, assets, franchises or revenues.

10. 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, and
acquire for such purposes franchises, licenses, permits, easements, rights-of-way and all
similar rights and privileges relating to such purposes.

11. Exercise the power of eminent domain in the manner and to the extent 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.

12. Become a member of other cooperatives or corporations or own stock in those
cooperatives or corporations or otherwise financially participate and invest in those
cooperatives or corporations.

13. Conduct its business and exercise its powers within or without this state.

14. Adopt, amend and repeal bylaws.

15. Do and perform other acts and things and have and exercise other powers that may
be necessary, convenient or appropriate to accomplish the purpose for which the
cooperative is organized or to carry out its business and affairs.

16. Subject to any limitation imposed by federal law, invest its own monies, make
loans or guarantees or participate in rural community infrastructure projects, in job
creation activities and in other activities to promote economic development in rural
areas if the rural development activities are approved by the rural utilities service.

B. The authority granted in subsection A, paragraph 16 shall be used only for
economic development in rural areas, and the electric cooperative shall not use monies
intended for rural economic development to purchase or acquire electrical works or
electrical facilities, whether real or personal property, or both, by the exercise of the
right of eminent domain or condemnation nor shall such monies be used to purchase,
construct, lease or acquire any electrical works or electrical facilities or make any
extensions or additions designed to serve areas or territories already being lawfully
served. In subsection A, paragraph 16 and this subsection:

1. "Economic development" includes project feasibility studies, start-up costs,
incubator projects and other reasonable expenses for the purpose of fostering rural
economic development.

2. "Invest" means to commit monies in order to earn a financial return on assets
which are not expected to be used or useful in furnishing electric service. The total
amount which the electric cooperative invests, loans or uses as a guarantee is limited to
those monies authorized under federal law for rural development programs.

3. "Job creation activities" includes activities such as providing technical,
financial and managerial assistance.

4. "Rural community infrastructure projects" includes projects such as water and
waste systems and garbage collection services.

C. Beginning on January 1, 1999 the indemnification of members, directors,
officers, employees and agents of a cooperative shall be in accordance with chapter 31,
article 5 of this title.