A cooperative has the power to:

(1) Sue and to be sued, in its corporate name;
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Terms Used In Tennessee Code 65-29-104

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Member: means each incorporator of a cooperative and each person admitted to and retaining membership in the cooperative, and includes a husband and wife admitted to joint membership. See Tennessee Code 65-29-103
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See Tennessee Code 65-29-103
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Telephone service: means any communication service whereby communication through the electric or electronic transmission of impulses by or through any media such as wireless technology, wires, cables, microwaves, radio waves, light waves or any combination of such media or any other future transmission technology which may become available to improve communication services, is the principal intended use thereof, and includes all telephone lines, facilities or systems used in the rendition of such service. See Tennessee Code 65-29-103
(2) Have perpetual existence;
(3) Adopt a corporate seal and alter the same at pleasure;
(4) Furnish, improve and extend telephone service, provide extended area service and telephone toll service to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten percent (10%) of the number of its members; provided, that without regard to the ten percent (10%) limitation, telephone service may be made available by a cooperative through interconnection of facilities to any number of subscribers of other telephone systems, and through pay stations to any number of users; and provided further, that a cooperative which, prior to its becoming subject to this chapter, has acquired all or part of a telephone system or systems may continue service to persons served from such systems or facilities without requiring such persons to become members, but only if the number of persons so served does not exceed twenty-five percent (25%) of the total number of persons served by the cooperative and the twenty-five percent (25%) exception shall be reduced to ten percent (10%) within twelve (12) months from date of acquisition; and provided further, that such nonmembers shall have the right to become members upon such terms as may be prescribed in the bylaws;
(5) Connect and interconnect its telephone lines, facilities or system with other telephone lines or systems, and make its facilities available to persons furnishing telephone service within or without this state;
(6) Become a member in one (1) or more other cooperatives or corporations or own stock in one (1) or more other cooperatives or corporations;
(7) Construct, maintain, operate, purchase, take, receive, lease as lessee or otherwise acquire, and own, hold, use, equip, maintain, and operate, and sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone communication lines or systems, lands, buildings, structures, exchanges, plants and equipment, and any and all kinds and classes of real or personal property whatsoever, which shall be deemed necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized;
(8) Purchase or otherwise acquire, and own, hold, use, and exercise and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, or easements;
(9) Borrow money and otherwise contract indebtedness, and issue or guarantee notes, bonds, and other evidences of indebtedness therefor, and secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues or income;
(10) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person for the purchase or sale of telephone service and in connection with any such contract to stipulate and agree to such covenants, terms, and conditions as the board of directors may deem appropriate, including covenants, terms and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-29-122, the manner of disposing of the revenues of the properties operated and maintained by the cooperative;
(11) Construct, maintain, and operate telephone and communication lines, along, upon, under and across all public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, and upon, under, and across all publicly owned lands; provided, that the respective authorities having jurisdiction thereof shall have the authority to designate or specify where poles shall be located;
(12) Condemn, subject to § 65-29-125, either the fee or such right, title, interest, or easement in property as the board of directors may deem necessary for its corporate purpose, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations, or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by §§ 29-16-101 – 29-16-122, 29-16-202 and 29-16-203 or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain;
(13) Conduct its business and exercise any or all of its powers within or without this state;
(14) Adopt, amend, and repeal bylaws; and
(15) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized.
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