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ARTICLE 2. MEMBERS.
2.01. Qualifications.
The membership of the Corporation shall consist of owners, lessees, occupants,
or users of lands located in the Lihue District or Kawaihau District, Kauai,
Hawaii, who: are producers of agricultural products; use water from the
water system; agree to be members of the Corporation; and meet such qualifications
as may be prescribed by the Board. At its sole discretion, the Board of
Directors may limit and close membership based on the carrying capacity
of the irrigation system. All applications for membership must be approved
by the Board of Directors. Member status is effective as of the time the
Board approves the application for membership.
2.02. Proof of
Membership. No person shall exercise the rights of membership in
the Corporation until satisfactory proof has been furnished to the Secretary
that he, she or it is a member.
2.03. Membership
Certificates. The Board of Directors may provide for the issuance
of certificates evidencing membership in the Corporation which shall be
in such form as may be determined by the Board. The name and address of
each member and the date of issuance of the certificate shall be entered
on the records of the Corporation maintained by the Secretary. If any certificate
shall become lost, mutilated or destroyed, a new certificate may be issued
therefore upon such terms and conditions as the Board may direct.
2.04. Member Address.
Upon admission each member shall promptly furnish to the Secretary an address
("record address") to which the Corporation may mail or deliver any and
all notices, demands or documents required or permitted to be mailed or
delivered by these Bylaws or the Articles of Incorporation (herein called
the "Articles"), or by law or otherwise. In the event of a member's failure
to furnish such address, the member's record address shall be deemed to
be the address listed on the County of Kauai's Real Property Tax Assessment
card for the member's Lot or Unit. Notwithstanding a member's assignment
of membership rights to a vendee under an agreement of sale, all notices,
demands or documents required or permitted to be mailed or delivered by
these Bylaws or the Articles, or by law or otherwise, may be sent to the
member at the member's record address, and it shall be the member's responsibility
to deliver or communicate such notice, demand or document to the member's
vendee or lessee. Any notice, demand or document shall be deemed duly and
properly given or sent by the Corporation if given or sent to the member
as aforesaid, notwithstanding the failure of the member's vendee or lessee
to receive the same.
2.05. Membership
List. The Corporation shall use good faith efforts to keep an accurate
and current list of the names and addresses of members. A current copy of
the list shall be provided directly to the members on a periodic basis.
2.06. Members Voting
Rights. Each member shall be entitled to a combined vote of one (1)
vote for each one (1) million gallons per year of water allocated to the
member. Provided, however, that no member shall be entitled to exercise
a vote greater than forty percent (40%) of the total vote of all members.
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