THE UNDERSIGNED (hereinafter called the “Applicant” and “Member”) hereby applies for membership in and agrees to purchase electric energy from McDonough Power Cooperative, an Illinois Corporation (hereinafter called the Cooperative), upon the following terms and conditions:
- The Applicant will, when electric energy becomes available, purchase from the Cooperative all electric energy used at the location described below and will pay therefore monthly, at the rates and tariffs fixed from time to time by the Board of Directors of the Cooperative.
- The Applicant will comply with and be bound by the provisions of the certificate of incorporation and By-laws of the Cooperative, of which he will be a member and such rules and regulations as may, from time to time, be adopted by the Cooperative. The Applicant will cause his premises to be wired in accordance with wiring specifications approved by the National Electric Code. Each member shall make available to the Cooperative a suitable site, as determined by the Cooperative, whereon to place the Cooperative’s physical facilities for the furnishing and metering of electric service and shall permit the Cooperative’s authorized employees, agents or independent contractors to have access thereto for inspection, maintenance, replacement, relocation or repair thereof at all reasonable times. As part of the consideration for such service, each member shall be the Cooperative’s bailee of such facilities and shall accordingly desist from interfering with, impairing the operation of or causing damage to such facilities, and shall use his best efforts to prevent others from doing so. In the event such facilities are interfered with, impaired in their operation or damaged by the member, or by any other person when the member’s reasonable care and surveillance could have prevented such, the member shall indemnify the Cooperative and any other person against death, injury, loss or damage resulting therefrom, including, but not limited to the Cooperative’s cost of repairing, replacing or relocating any such facilities and its loss, if any, of revenues, resulting from the failure or defective functioning of its metering equipment. In no event shall the responsibility of the Cooperative extend beyond the point at which its service wires are attached to the meter loop provided for measuring electricity used on such premises, or beyond the combination circuit breaker-meter base panel if such is owned and maintained by the Cooperative.
- If this Application is for a new service not previously established, this Application shall constitute an agreement by the Applicant to purchase electric service from the Cooperative for a minimum set by the Cooperative.
- Upon receipt of the completed Application, the Cooperative agrees to exercise diligence in completing the service connection within a reasonable time.
- The Cooperative agrees to accept the Application for Membership and for electric service only upon receipt, in advance, of all service connection fees, plus an additional security deposit in an amount established by Cooperative Rules and Regulations, plus any pre-construction deposit required by Cooperative Rules and Regulations for the extension of new service. All service connection fees shall be non-refundable. All pre-construction deposits shall be refundable only in accordance with Cooperative Rules and Regulations and all security deposits are refundable only upon termination of active membership in accordance with Cooperative Rules and Regulations and payment in full of all debts due the Cooperative. No security deposit will give rise to a mutual debt obligation of the Cooperative to the member and all security deposits shall be treated as a payment in advance of the member’s final energy bill. The member’s final energy bill shall be the last bill issued to the member upon discontinuation of service, as well as any billing for electrical service supplied by the Cooperative to the member prior to the filing of any Petition seeking relief under the Federal Bankruptcy Act.
- Any member may transfer his membership in the Cooperative only according to the By-laws.
- If any member fails to pay any billing for electrical service on or before the day fixed for payment, the Cooperative may disconnect the electric service according to Cooperative policies.
- Applicant agrees that assessments for electric energy shall include payment for a subscription to any publication of the Cooperative and the Illinois Country Living, or its successor publication, published by the Cooperative, or by the Association of Illinois Electric Cooperatives.
- If service is disconnected for any reason and reconnected within a twelve-month period for the use of the most recently disconnected consumer, at the same location, the full annual minimum for the calendar year will be charged, plus reconnect fee, regardless of the time of the year of the reconnection.
- If any member fails to pay any billing for electrical service, the Cooperative will pursue enforcement of collection of the indebtedness and the member agrees to pay, in addition to the charges for electrical service, all collection expenses of the Cooperative, including expenditures for field collection, collection agency charges, attorney fees, court costs and interest at the rate of 18% per annum from the date due until paid.