Oklahoma § 18-438.4 - Powers of cooperative

§ 18-438.4. Powers of cooperative

A cooperative shall have power:

1. To sue and be sued in its corporate name;

2. To have a perpetual existence unless a limited period of

duration is stated in its articles of incorporation;

3. To adopt a corporate seal and alter the same;

4. To furnish, improve and expand any or all communications

services to its members, to other persons, and through

interconnection of facilities to any number of subscribers of other

communications systems, and through pay stations to any number of

users; provided, however, that no such regulated communications

services, as determined by the Oklahoma Corporation Commission,

shall be furnished to persons located within the certified territory

of another local exchange telephone company; and provided further

that a cooperative which acquires existing communications

facilities, systems or territories may continue service to persons

who are already receiving service from such facilities and systems

or who are located or who become located within the acquired

territories. Such persons may become members as provided in the

bylaws;

5. To construct, purchase, lease as lessee, or otherwise

acquire, and to improve, expand, install, equip, maintain, and

operate, and to sell, assign, convey, lease as lessor, mortgage,

pledge, or otherwise dispose of or encumber, communication lines,

facilities or systems, lands, buildings, structures, plants and

equipment, exchanges, 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; provided, however, that a cooperative shall not

duplicate existing telephone lines, facilities or systems providing

reasonably adequate service;

6. To connect and interconnect its communication lines,

facilities or systems with other communication lines, facilities or

systems; provided that any such connection or interconnection shall

be in such manner and according to such specifications as will avoid

interference with or hazards to existing communication lines,

facilities or systems;

Oklahoma Statutes - Title 18. Corporations

7. To make its facilities available to persons furnishing

communication services within or without this state;

8. 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;

9. To issue membership certificates and nonvoting shares of

stock as hereinafter provided;

10. To borrow money and otherwise contract indebtedness, and to

issue or guarantee 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, or revenues;

11. To construct, maintain and operate communication lines and

facilities along, upon, under and across publicly owned lands and

public thoroughfares, including, without limitation, all roads,

highways, streets, alleys, bridges and causeways; subject, however,

to the same requirements and limitations with respect to the use or

occupancy of such thoroughfares and lands as are now or hereafter

imposed by the laws of this state;

12. 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 telephone lines,

facilities or systems;

13. To become a member of other cooperatives, joint ventures,

partnerships, corporations or other legal entities or to own stock

therein;

14. To conduct its business and exercise its powers within or

without this state;

15. To adopt, amend and repeal bylaws;

16. To make any and all legal contracts necessary, convenient

or appropriate for the full exercise of the powers herein granted;

and

17. 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.

Amended by Laws 1988, c. 323, § 2, eff. Nov. 1, 1988; Laws 1991, c.

135, § 4, eff. Sept. 1, 1991.