Membership Agreement

By signing and submitting an application for membership in Adams-Columbia Electric Cooperative (hereinafter called the “Cooperative”), the Applicant hereby agrees to the following Terms and Conditions of membership:

  1. This application and agreement together with the Articles of Incorporation and Bylaws of the Cooperative (available at www.acecwi.com), and such rules, regulations, and policies as may from time to time be adopted by the Board of Directors or management of the Cooperative constitutes a contractual agreement between the Applicant and the Cooperative. The Applicant agrees to comply with and be bound by all of those provisions.

 

  1. Applicant acknowledges and agrees that the Cooperative may update and revise these terms and conditions from time to time. Applicant will be notified of any material changes to the terms and conditions of this Agreement.  Applicant’s continued use of Cooperative services following any revisions to these terms and conditions shall constitute Applicant’s consent and agreement to such new and/or revised terms and conditions.  Applicant may terminate Applicant’s account with the Cooperative if Applicant does not want to continue receiving service from Cooperative in accordance with any changes to these terms and conditions.

 

  1. The Applicant will purchase from the Cooperative all electric energy for use on the premises described on the application except for that generated by Applicant’s own equipment, and will pay monthly, or as otherwise scheduled, rates to be determined from time to time in accordance with the policies of the Cooperative, along with any other charges, deposits, interest, fees, and/or penalties.

 

  1. The Applicant hereby consents to the entry by the Cooperative upon the Applicant’s land to construct, reconstruct, re-phase, operate, repair, maintain, relocate or replace thereon or under the surface thereof all appropriate poles, cable, wire, or other attachments, equipment, accessories, or appurtenances necessary or appropriate for the distribution of electric energy and communication services to the Applicant’s premises and the premises of other members, existing or future, under reasonable terms and conditions determined by the Cooperative. The Cooperative shall have the right to enter upon and use the right-of-way granted here, without charge, in consideration of the benefits Applicant will receive from the Cooperative’s similar use of rights-of-way provided by its other members for the construction and operation of its system. All lines, meters, and property entrances must be accessible to the Cooperative.

 

  1. Applicant acknowledges and agrees that Cooperative may cut, trim, and/or remove, including through the use of chemical brush control, any trees, brush or other vegetation that might interfere with the construction or operation of Cooperative’s facilities.

 

  1. Applicant consents to execute and deliver to the Cooperative, upon the Cooperative’s request, an easement in such form as the Cooperative designates, evidencing the rights conveyed here over Applicant’s property at the Service Address described in Applicant’s application for service. Applicant agrees that the Cooperative shall at all times have the right to license, permit, or otherwise agree to the joint use and occupancy of the easement by any other person, association, or corporation for electrification, telecommunication, or cable television purposes without the necessity of obtaining additional consent from Applicant.

 

  1. Applicant represents that Applicant lawfully owns, controls, or occupies: (a) the real, personal, and intangible property to or for which the Cooperative provides Service (“Property”) at each Service Location and (b) the real property underlying or comprising each Service Location. Applicant represents that all Property at each Service Location complies with:  (a) all building, zoning, and similar regulations or requirements necessary to lawfully use Service; (b) all safety, health, and similar regulations or requirements necessary to safely use Service; and (c) all operating, engineering, and similar regulations or requirements necessary to safely, efficiently, and reliably use Service and necessary for the Cooperative to safely, efficiently, and reliably provide service to Applicant and other persons.

 

  1. By accepting service from the Cooperative, the Applicant agrees to hold the Cooperative harmless from any losses or damage to life or property resulting from power interruptions caused by circumstances beyond the control of the Cooperative, and/or the Applicant’s failure to have said premises wired according to applicable codes, regulations or requirements of the Cooperative. Applicant has the sole and exclusive responsibility for any wiring done beyond the metering point.

 

  1. Applicant authorizes the Cooperative to request, receive, and/or evaluate any written, oral, or other communication of information from a credit or consumer reporting agency, financial institution, or other individual or entity regarding Applicant’s credit worthiness, credit standing, credit capacity, character or mode of living which Cooperative may use or collect to establish Applicant’s eligibility for extension of credit, credit transactions, or to review or collect a Cooperative account held by Applicant.

 

  1. When application is for joint membership, the Applicant parties are jointly and severally bound by the terms of this application and agreement. Acceptance into membership of any person who is married shall automatically be deemed an acceptance of his or her spouse as a joint member unless that person otherwise directs in writing.  Joint Members are allowed and will share one membership only.  One membership is entitled to one vote.

 

  1. It is the responsibility of the Applicant to make any changes or corrections in the name or address of the Applicant, or to advise the Cooperative of any changes in the Applicant’s marital status or provide other information necessary to the Cooperative for purposes of providing services described herein. The Applicant consents to communications from the Cooperative relating to the provision of service to the Applicant.

 

  1. When a membership is held jointly, each Applicant shall be jointly and severally liable for any debts or liabilities owed to the Cooperative by that membership. If a membership interest held jointly is transferred upon the death of either joint Applicant, such transfer does not release or relieve the deceased Applicant or his or her estate from any debts or liabilities of such Applicant to the Cooperative.

 

  1. By signing the application and disclosing a mobile and/or landline telephone number, Applicant agrees that for Cooperative business, Cooperative agents can call that number, including using an automatic telephone dialer and/or that Cooperative agents can send a prerecorded and/or text message to that number. Such Cooperative business may include, but not be limited to, matters involving service or interruptions in service, emergencies, past due bills, account collections, and other communications about Applicant’s account.

 

  1. Commercial Service only: By listing individuals identified as “Authorized Representatives,” you are authorizing such Authorized Representatives to have access and make changes to your account.  You are responsible for notifying the Cooperative of any changes to your Authorized Representatives.  You may designate or change your Authorized Representative by contacting the Cooperative.

 

  1. Residential service only: Whenever there is a person in your household whose health or safety may be threatened by an interruption in service because of infirmities of aging, developmental or mental disabilities, the use of life support systems, or like infirmities incurred at any age, or the frailties associated with being very young, please provide the Cooperative with all the details in writing immediately from your medical provider.

 

  1. In submitting the application for membership, Applicant warrants and represents to Cooperative that the information contained therein is true and correct. Applicant(s) shall be responsible for any damages, costs, and/or expenses, including attorney fees and legal expenses, caused by Applicant(s) failure to pay any amount charged or assessed by Cooperative, comply with the Cooperative’s Articles of Incorporation, Bylaws, rules, regulations, or policies, or provide Cooperative with accurate and truthful information.

 

  1. For new services requiring a work order, upon the Cooperative having installed electric facilities necessary to serve the member, the Cooperative has the right to commence billing the monthly facility charge after thirty (30) days, even if the member has not yet requested a meter be set.

 

  1. As security for any amounts for which Applicant may become indebted to Cooperative, including any service charges, penalties, late fees, or other amounts, the Applicant hereby conveys, grants and pledges to Cooperative a first priority security interest in all of Applicant’s right, title and interest in any patronage capital allocated to Applicant on the books and records of Cooperative. Cooperative shall be entitled to exercise its rights under the security interest herein conveyed as provided by the Bylaws and by such policies, rules, and regulations as may from time to time be adopted by the Cooperative, including the right to offset Applicant’s indebtedness against such patronage capital allocated to Applicant. Applicant hereby authorizes Cooperative to file such financing statements or other documentation as may be necessary to perfect this security interest, and Applicant shall cooperate in executing such documents as may be necessary for Cooperative to enforce this security interest.

 

  1. Operation Round-Up® is a voluntary program which gives members of Adams-Columbia Electric The opportunity to support local projects and charities with small change. Adams-Columbia will “round up” the electric bill of participating members to the next highest dollar amount. Example: If your light bill were $41.20 or $41.95, it would be rounded up to $42.00, and the additional amount would go into a trust fund. (The average cost per member will be about $6 per year.)

 

  1. The Cooperative, at its own discretion, may retire (remove) any idle facilities as defined in the Cooperative Service Rules and Regulations.

 

  1. Under the Bylaws, the Cooperative’s Board of Directors may, in its sole discretion, authorize early retirements of patronage capital for former members. By electing to participate in early retirements, Applicant is requesting that, upon terminating membership in the Cooperative, Applicant will be eligible to receive early refunds of patronage capital at such times that the Board may authorize. By electing this option, Applicant understands and agrees that any patronage capital refunded earlier than the Cooperative’s ordinary retirement schedule would otherwise require will be discounted to present value in accordance with the Cooperative’s policies and procedures. If Applicant has any unpaid debts to the Cooperative, those debts will be deducted from Applicant’s discounted patronage capital before any refund is made. Applicant will continue to be responsible for paying any balance of unpaid debt if the retired patronage capital is insufficient to pay for the full balance, and the Cooperative reserves the right to take any action authorized by law to collect such unpaid debt. Any patronage capital allocated to Applicant that is not subject to an early refund will be retired under rules of general application according to the Cooperative’s ordinary retirement schedule.