SECTION 1. MEMBERSHIP ELIGIBILITY. Any person, firm, association, corporation, body politic or subdivision thereof, or any other legal entity may be eligible to become a member of Escambia River Electric Cooperative, Inc., ("Cooperative") by:
(a) therein Complying with the Cooperative's membership application procedures;
(b) Agreeing to use, receive or purchase from the Cooperative,
(1) any service, product, commodity, equipment, or facility from or through the Cooperative reasonably related to the Cooperative's furnishing of electric service to its membership; or
(2) when authorized by the Board of Trustees (the "board"), any other service, product, commodity, equipment, or facility from or through the Cooperative;
(c) Agreeing to comply with and be bound by the Cooperative's articles of incorporation, by-laws, policies, service rules and regulations, as they now exist and as they are hereinafter amended from time-to-time by the membership or the board, and
including, but not limited to the Safety Rules and Regulations of the Florida Public Service Commission and the National Electric Safety Code (all of the foregoing collectively referred to "the Governing Documents";
(d) Paying the amounts hereinafter specified; provided, however, that the board may refuse membership for any applicant who is unable to comply with the membership eligibility requirements, or for other good cause; and
(e) Agreeing that patronage capital allocated to a member by the Cooperative shall be paid to such member as equity and shall be held as equity by the Cooperative and such amounts shall not constitute “rates” and further agree that the Cooperative
shall be entitled to retire or repay equity to any member as may be required by a Court or arbitrator without the necessity to retire or repay other members on the same terms.
Even if a person has not submitted a written application, it is understood and agreed that the receipt of service by any person shall constitute application and membership in the Cooperative until a written contract is executed between the parties.
SECTION 2. CURRENT CONTACT INFORMATION. It shall be the duty of the member or former member to provide written notice to the Cooperative of any address changes. It is the responsibility of the member or former member to ensure that the Cooperative has current contact information on file, including physical mailing address.
SECTION 3. JOINT MEMBERSHIP. Legally married couples may apply for a joint membership and, subject to their compliance with the requirements set forth in Section I of this Article, may be accepted for such membership. The term “member” as used in these by-laws shall be deemed to include a legally married spouse holding a joint membership and any provisions relating to the rights and liabilities of membership shall apply equally with respect to the holders of a joint membership. Without limiting the generality of the foregoing, the effect of the foregoing, the effect of the hereinafter-specified actions by or in respect to the holders of a joint membership shall be as follows:
(a) The presence at a meeting of either or both shall be regarded as the presence of one member and shall have the effect of constituting a joint waiver of notice of the meeting;
(b) The vote of either separately or both jointly shall constitute one joint vote;
(c) A waiver of notice signed by either or both shall constitute a joint waiver;
(d) Notice to either shall constitute notice to both;
(e) Expulsion of either shall terminate the joint membership;
(f) Withdrawal of either shall terminate the joint membership;
(g) Either, but not both, may be elected or appointed as an officer or trustee, provided that both meet the qualifications for such office.
SECTION 4. CONVERSION OF MEMBERSHIP.
(a) A membership may be converted to a joint membership upon the written request of the holder thereof and the agreement by such holder and his or her spouse to comply with the articles of incorporation, by-laws and rules and regulations adopted by the board.
(b) Upon the death of either spouse who is a party to the joint membership, such membership shall be held solely by the survivor; provided, however, that the estate of the deceased shall not be released from any debts due the Cooperative.
SECTION 5. MEMBERSHIP AND SERVICE CONNECTION FEES. The membership fee shall be fixed from time to time by the board. Applicants for membership shall pay to the Cooperative such membership fees, dues, assessments, deposits, contributions, or other amounts as required by these bylaws, the Governing Documents, or by the board, which shall entitle the member to one service connection. Unless waived in writing by the board, or barred by applicable law, an applicant shall also pay the Cooperative, as a condition precedent to membership and receipt of electric service, all outstanding amounts owed the Cooperative by the applicant. A service connection deposit or fee, in such amount as shall be prescribed by the Cooperative (together with a service security deposit, a facilities extension deposit or a contribution in aid of construction, if required by the Cooperative), shall be paid by member for each additional service connection requested by him or her.
SECTION 6. PURCHASE OF ELECTRIC ENERGY. Each member shall as soon as electric energy shall be available, purchase from the Cooperative all electric energy used on the premises specified in this application for membership, unless and except such energy is generated from the member’s own assets and the Board of Trustees has waived in writing such requirement, and shall pay therefore monthly at rates which shall from time to time be fixed by the board provided, however, that the board may limit the amount of electric energy which the Cooperative shall be required to furnish to any one member. The member may also purchase other utility services subject to specific terms and conditions of those service offerings. The Cooperative cannot and therefore does not guarantee an uninterrupted and continuous supply of utility services. Production or use of utility services on such premises, regardless of the source thereof, by means of facilities which shall be interconnected with Cooperative facilities, shall be subject to appropriate regulations as shall be fixed from time to time by the Cooperative.
It is expressly understood that amounts paid for electric energy or other utility services in excess of the cost of service from and after January 1, 1947, are furnished by members as capital and each member shall be credited with the capital so furnished as provided in these by-laws. Each member shall also pay to the Cooperative a minimum amount per month regardless of the amount of electric energy consumed, as shall be fixed by the board from time to time. Each member shall also pay all amounts owed by the member to the Cooperative as and when the same become due and payable. The Cooperative shall have the right, but not the obligation, to set-off the capital of a member against any amounts due and owing from the member to the Cooperative.
SECTION 7. MEMBER TO GRANT EASEMENTS. Each member, if legally able, shall grant, execute and deliver to the Cooperative, without charge to the Cooperative, (a) easement or right-of-way over and through, on and under such lands owned, occupied, or controlled by the member, as the Cooperative shall require for the furnishing of utility service to the member or other occupants, or for the construction, extension, improvement, operation, maintenance or relocation of the Cooperative's poles, lines, fiber, and other materials and equipment of the Cooperative (“Cooperative’s Facilities”) (b) the right to use and/or allow others to use the easements and Cooperative’s Facilities thereon for general communication and commercial public telecommunication purposes unrelated to furnishing electric service, this includes but is not limited to broadband services and fiber optic uses--including those made possible by future technological developments, and (c) the right to access and duly authorize third parties to access the easements to maintain the easements and the lines and other equipment thereon in such condition as may be necessary or desirable, including, without limitation, the right to cut trees, trim trees, apply herbicides for vegetation management, and remove or trim other obstacles, including trees, on or adjacent to the easements which may endanger the lines or other equipment on the easements or the public. The granting by a member of such easements and rights to the Cooperative shall be effective upon the member’s admission to membership in the Cooperative, even if retroactive, and the granting of such easements and rights shall be effective and enforceable even in the absence of a separate written easement agreement executed by the member. The member shall, nevertheless, execute a separate written easement agreement for recording purposes if requested by the Cooperative to do so.
SECTION 8. TERMINATION OF MEMBERSHIP. Any member may withdraw from membership upon compliance with such uniform terms and conditions as the board may prescribe. The board of the Cooperative may, by the affirmative vote of not less than two-thirds of all the Trustees, expel any member who shall have refused or failed to comply with the provisions of any of the Governing Documents, but only if such member shall have been given written notice by the Secretary of the Cooperative that such refusal or failure makes him liable to expulsion and such refusal or failure shall have continued for at least ten days after such notice was given. An expelled member may be reinstated by vote of the board. After any finally effective expulsion of a member, such person may not again become a member except upon a new application as provided in Section 1 of this Article. The Board of Trustees may establish such additional terms and conditions for renewed membership as it determines to be reasonably necessary to assure the applicant’s compliance with all membership obligation.
Upon the withdrawal, death, cessation of existence, or expulsion of a member, the membership of such member shall thereupon terminate. Termination of membership in any manner shall not release a member or the member's estate from any debts due the Cooperative. The Cooperative may terminate electric or other services to a member for failure of the member to pay for those services, and for failure to comply with the governing documents, in accordance with such termination of service policies and procedures as the board shall approve. Any individual who continues to reside at a location that was previously receiving service in the name of the decedent must apply for a new membership by following the provisions of Section 1 herein. The cessation of the legal existence of any other type of member shall automatically terminate such membership, unless otherwise determined by the Board in its discretion and business judgment.
Upon discovery that the Cooperative has been furnishing utility services to any person other than a member, it shall cease furnishing such service unless such person applies for, and the Board of Trustees approves, membership retroactively to that date on which such person first began receiving such service, in which event the Cooperative, to the extent practicable, shall correct its membership and all related records accordingly. In the event the Cooperative acquires facilities which are already providing utility services to patrons not members of the Cooperative, the Cooperative may, for the purpose of continuing existing service and avoiding hardship, continue to serve the persons served by such facilities at the time of such acquisition without requiring that such persons become members. However, the Cooperative may require such patrons to apply for membership with the Cooperative within a reasonable time by following the provisions set forth in Article I, Section 1.
SECTION 9. NO RESTORATION OF SERVICE PENDING DELINQUENCY. In the event a membership is terminated due to delinquency in payment of an obligation due the Cooperative and service to such member is discontinued, the Cooperative shall not accept an application for membership by another member of the delinquent's household, or resume service to such household until such delinquency has been paid in full. For purposes of this Section, “household” shall mean the location where utility services are being provided by the Cooperative.
SECTION 10. CONSENT TO ELECTRONIC AND TELEPHONE COMMUNICATIONS. By applying for or using any Cooperative utility service, members give affirmative consent to contact members via electronic and telephonic communications as described herein. This consent shall be interpreted broadly and shall constitute any and all necessary consents under all consumer state and federal laws, including but not limited to the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Consumer Financial Protection Bureau Debt Collection Rule, and the Fair Credit Reporting Act.
The Members through continued use of Cooperative utility services, confirm that the members are authorized to, and do, consent to electronic and telephonic communications on behalf of all other account owners, authorized signers, authorized representatives, delegates, and/or service users in relation to the utility services being provided and agree to indemnify, defend, and hold the Cooperative harmless for any claims brought by third parties related to electronic and telephonic communications from the Cooperative or its agents or representatives.
Members agree the Cooperative may communicate via telephone (including text, which could result in charges to the member or recipient), pre-recorded or artificial voice messages, email communications and/or the use of automatic dialing devices based on the information provided to the Cooperative. By applying for or using any utility service provided by the Cooperative, each member gives explicit consent to receive communications from the Cooperative by any means, including those listed herein in relation to utility services, billing, and for any other reason whatsoever. Each member further explicitly consents to receive communications from the Cooperative or from those acting under its direction at any hour of the day, during any day of the week. It is the member’s responsibility to update contact records and inform the Cooperative if the member would like to communicate via a different means, during a different time period, or if any of the contact information has changed. If the member fails to update the Cooperative with current contact information and the Cooperative receives a claim related to a prior telephone number, email address, or other communication device associated with the member’s account, the member agrees to indemnify, defend and hold the Cooperative harmless relating to any and all claims made relating in any way to contacts to any prior telephone number, email address, or other communication device previously associated with the member’s account. If a member would prefer not to be contacted by email, telephone, and/or text, or needs to update contact information, the member must contact Cooperative, in writing, at Escambia River Electric Cooperative, P.O. BOX 428, Jay, Florida, 32565. A member’s withdrawal of consent will become effective only after Cooperative has confirmed receipt of the member’s withdrawal request and has had a reasonable opportunity to act upon it. Under no circumstances will any withdrawal of consent be deemed immediate. If a member withdraws consent, the Cooperative reserves the right to limit, close, and/or terminate any utility services, and the legal validity and enforceability of prior communications delivered in electronic form will not be affected. These instructions constitute the only method that a member may use to withdrawal consent.