The undersigned (hereinafter referred to as Applicant, whether singular or plural) hereby applies for membership in RAVALLI COUNTY ELECTRIC COOPERATIVE,
INC. [hereinafter referred to as Cooperative], and this executed application for membership, together with the credit application executed simultaneously herewith,
constitute a binding agreement between the Applicant and the Cooperative following approval by Cooperative as provided in its bylaws and policies.
Applicant Hereby Agrees As Follows:
- Applicant extends authority on behalf of Applicant and all owners of the Property (as defined below), the right to enter the Property for the purpose of repairing or maintaining existing power facilities, overhead or underground, and the right to clear and remove all timber, brush, and other obstructions from the right-of-way to a distance of at least ten feet on each side of the constructed line and/or to cut and remove trees, brush, or other obstructions outside of such right-of-way which may endanger the line. Applicant agrees that Cooperative and its agents may take any reasonable safety measures to provide clearance for power lines and related facilities, including but not limited to, those required or recommended by state, federal, or industry laws or regulations.
- Applicant is responsible for Applicant’s power, service, and other obligations as provided in this Agreement but, by becoming a member, assumes no other personal liability for any debts or liabilities of the Cooperative, and property of Applicant cannot be attached for the Cooperative's debts or liabilities.
- Applicant agrees that amounts in Applicant’s account on the books of the Cooperative which are available for retirement pursuant to proper action of the Board, is hereby assigned, transferred and set over to the Cooperative and shall become due and payable to the Cooperative if after the required times and pursuant to the procedures set forth in the Cooperative bylaws and/or policies and in accordance with Montana law, following a bona fide attempt to pay said amount to Applicant (whether by sending a letter to Applicant’s last address or shown in the books of the Cooperative or otherwise) the Cooperative is unable to locate Applicant for the purposes of retiring capital credits. Applicant agrees to provide the Cooperative with a correct current address, even following termination of service with the Cooperative for purposes of retiring any capital credits.
- Cooperative will use reasonable efforts to furnish adequate and dependable electric service, although it cannot and, therefore, does not guaranty a continuous, uninterrupted supply of electricity and the Cooperative may limit the amount of electricity furnished to any one member. Applicant shall pay for electric energy used. Production or use of electric energy on such premises, regardless of the source thereof, by means of facilities which shall be inter-connected with the Cooperative facilities shall be subject to minimum capacities, rules, and regulations established by the Board of Trustees and appropriate safety regulations as shall be fixed from time to time by the Cooperative. It is expressly understood and agreed that amounts paid for electric energy in excess of the cost of service are furnished by members as capital, and each member shall be credited with the capital so furnished as provided by the bylaws and policies of the Cooperative. Each member shall pay to the Cooperative such minimum amount (according to the rate schedule appropriate for Applicant's type of service, regardless of the amount of electric energy consumed) as shall be fixed by the Board of Trustees from time to time.
- Applicant has paid herewith a non-refundable application fee. Applicant also agrees to deposit with Cooperative such consumer deposit as is required by the regulations and policies of the Cooperative, and the same may be applied to payment of bills due the Cooperative, with the balance being refunded to the Applicant following termination of all services to Applicant and payment of all of Applicant's outstanding obligations. Applicant understands that membership is non-transferable. Applicant shall be responsible for all bills for electric service from the time of connect until such time as Applicant notifies the Cooperative, in writing, that service is no longer required. Applicant agrees to pay all amounts owed by Applicant to the Cooperative as and when the same shall become due and payable. Applicant agrees to pay all interest charges on delinquent accounts pursuant to the policies and regulations established by the Cooperative. Applicant agrees to pay the reasonable collection charges of the Cooperative including but not limited to court costs and attorney's fees, if payments due to Cooperative are not timely made.
- Applicant acknowledges participation in the “Power of Change” program which will result in monthly electric bills rounded up to the nearest dollar with the extra money going into a fund for community projects. Applicant may request to opt out of the “Power of Change” program at any time by written request to the Cooperative.
- Applicant agrees to save harmless and indemnify the Cooperative for any expenses or liabilities for damage to any person, livestock, or other property caused by the presence of electric energy on the Property or adjacent thereto where Applicant (or persons acting under Applicant's knowledge, imputed knowledge, or authority) has constructed or placed any property adjacent to the poles, wires, or other apparatus of Cooperative. Applicant agrees not to work with, touch, handle, repair, or in any manner contact any of the poles, wires, transformers, meters, or other apparatus of the Cooperative, nor permit any other persons to do so, and will indemnify and save Cooperative harmless from all costs, damages, or expenses should violations of this provision result in any damages to persons or property.
- Applicant acknowledges and understands that members of the Cooperative are entitled to access to the Articles of Incorporation, bylaws, and all policies, rules, and regulations affecting the Cooperative. Applicant agrees to abide by the Articles of Incorporation, bylaws, policies, rules, and regulations as established and amended by the Cooperative.
- The acceptance of this application and service obligation by Cooperative shall constitute an executed agreement between Applicant and Cooperative. The Applicant understands and acknowledges that in the event the easements required to be executed by all parties holding an interest in the property are not provided to Cooperative or Applicant does not abide by any other provisions of this agreement or the rules and regulations of the Cooperative, then the Cooperative, at Cooperative's option, may cancel Applicant's membership.
- Applicant hereby affirms that all of the information in this application and the credit application files in conjunction herewith is true and correct in all matters, and in the event that any false or incorrect information is included herein, Applicant waives right to service, and Cooperative can discontinue service to the Applicant without notice upon discovering such mis-stated or false information.
The applicant(s) has/have carefully read the above application, acknowledges(s) that Cooperative has made no promises or agreements aside from the provisions contained herein, and understand(s) that it constitutes a binding agreement when approved by cooperative as provided in its bylaws and policies.
