Current as of: 2010 1. Members entitled to vote. The right of the members or any class or classes of members to vote may be limited, enlarged or denied to the extent specified in the articles of incorporation. Unless so limited, enlarged or denied, each member, regardless of class, shall be entitled to one vote on each matter submitted to a vote of members. [ 1977, c. 525, §13 (NEW) .] 2. Members to vote in person or by proxy; validity. A member entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact. No proxy shall be valid after 11 months from the date of its execution, unless otherwise provided in the proxy. Where directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail. [ 1977, c. 525, §13 (NEW) .] 3. Cumulative voting for directors not permitted. The articles of incorporation or the bylaws shall not permit cumulative voting for directors. Any provision purporting to permit cumulative voting shall be void. [ 1977, c. 525, §13 (NEW) .] 4. Corporations with no right to vote. If a corporation has no members or its members have no right to vote, the directors shall have the sole voting power. [ 1977, c. 525, §13 (NEW) .] SECTION HISTORY 1977, c. 525, §13 (NEW) . ________________________________________________________________________
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Current as of: 2010 (a) In addition to the power conferred by this chapter on the authority, it shall possess with reference to all public utilities within its jurisdiction all the other powers conferred with reference to railroads regulated by the department of transportation or transportation companies regulated by the department of safety as provided by chapters 3 and 5 of this title. (b) Where any existing contract between any public utility and any municipality specifies that particular things, other than charging certain rates, tolls or fares, shall continue to be done by such public utility, or the nature, kind, and quality of any particular service to be rendered by the public utility to the municipality or its people, nothing in this section nor in this title shall be construed to authorize the authority to excuse such public utility from continuing to do such specified things or from continuing to render and perform the service of at least the nature, kind and quality specified in any such existing contract; but, all these things involving the cost of the service shall be taken into consideration by the authority in exercising its power to pass upon the reasonableness of any rate, fare, or charge hereafter to be made by such public utility. (c) No provision of this section or of this title shall be construed to alter or impair any existing contract between any public utility and any municipality whereby it has been agreed that any payments of money, in addition to proper ad valorem taxes, shall be made by any such public utility to or for the benefit of any such municipality or its people, but all such things, involving the cost of the service, shall be taken into consideration by the authority in exercising its power to pass upon the reasonableness of any rate, fare or charge hereafter to be made by such public utility. (d) When any public utility regulated by the authority supplies its services to consumers who use solar or wind-powered equipment as a source of energy, such public utility shall not discriminate against such consumers by its rates, fees or charges or by altering the availability or quality of energy. Any consumer who uses solar, wind power, or other auxiliary source of energy shall install and operate the equipment, property, or appliance for such energy source in compliance with any state or local code or regulation applicable to the safe operation of such equipment, property, or appliance. (e) Any franchise payment or other payment for the use of public streets, alleys or other public places or any license, privilege, occupation or excise tax payment, which after February 24, 1961, may be made by a utility to a municipality or other political subdivision, except such taxes as are presently provided for under existing statutes and except such franchise payment or other payments as are presently exacted from the utility pursuant to the terms of any existing franchise or other agreement, shall, insofar as practicable, be billed pro rata to the utility customers receiving local service within the municipality or political subdivision receiving such payments, and shall not otherwise be considered by the authority in fixing the rates and charges of the utility. (f) The authority shall further have jurisdiction over all utility districts created pursuant to Tennessee law, to the extent that the exercise of such jurisdiction is provided by title 7, chapter 82 and Acts 1951, ch. 51 as provided in this chapter or as amended. [Acts 1919, ch. 49, § 11; Shan. Supp., § 3059a94; Code 1932, § 5457; Acts 1961, ch. 123, § 1; 1973, ch. 249, § 2; 1980, ch. 756, § 2; T.C.A. (orig. ed.), § 65-405; Acts 1995, ch. 305, §§ 15, 20.] ________________________________________________________________________ U.S. Code Provisions: UtilitiesFederal Regulations: Utilities
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