(a) By application for and receipt of electric service, each consumer shall be deemed to have entered into an electric service agreement in the form prescribed in division (b) of this section. At the option of the Division of Cleveland Public Power, application for residential or small commercial service may be accepted by telephone, or by using a preprinted mail-in type card contract.
(b) The service agreement is as follows:
Division of Cleveland Public Power 1201 Lakeside Avenue Cleveland, Ohio 44114 THIS AGREEMENT, made and entered into by and between the City of Cleveland, Ohio, Division of Cleveland Public Power ("the City"), acting by and through its Director of Public Utilities or his or her authorized representative, and ____________________________________________ ("the Consumer"). WITNESSETH: In consideration of the agreements, promises, and undertakings herein set forth, the City, for itself, its successors and assigns and the Consumer for __________ self, heirs, executors, administrators, successors and assigns, do hereby mutually agree as follows: ART. 1: The City will supply nominal 60 cycle, __________ volts, phase, __________ wire, alternating current from its electric system to the Consumer’s premises located at __________. ART. 2: The Consumer states that the maximum demand or capacity required from the City's electric system is __________ kW and in the event that said maximum demand is changed, the Consumer will promptly notify the City in writing of any increase or decrease in required capacity. ART. 3: For the electric service furnished under this contract, the Consumer agrees to pay the City in accordance with the terms, conditions and applicable rate schedule(s) established by or as may be amended from time to time by the City and approved by City Council, and said rates, terms and conditions are hereby made a part of this agreement the same as if incorporated herein. ART. 4: The Consumer agrees to comply with all the rules and regulations as may be established by the City, including the rules and regulations associated with all rates, terms and conditions of the applicable rate schedule(s), as may be amended from time to time by the City and approved by City Council, all of which are by reference made a part of this agreement. ART. 5: The City will furnish the equipment necessary to bring electric service to the Consumer which shall remain the property of the City and the City shall be permitted to remove the same at the termination of the agreement. ART. 6: The Consumer agrees that the City shall have the convenient and practical access, location and right-of-way to and upon the Consumer's property as may be necessary to properly furnish and maintain the electric equipment required to serve the Consumer. ART. 7: The Consumer agrees to pay the City monthly for electric service supplied and shall be deemed to be in default of this agreement for non-payment. Non-receipt of bills by Customer does not release or diminish the obligation of Consumer with respect to payment. ART. 8: The Consumer agrees that the exclusive forum for all disputes regarding rates and charges for service provided by the Division of Cleveland Public Power or other issues arising from Chapter 523 or this agreement shall be resolved by the Arbitration Panel as set forth in Section 523.115. ART. 9: The City shall not be liable to the Consumer for any loss, injury, or damage resulting from the Consumer's use of its electric service, the Consumer's connection to the City's system, interruption of service, consequential damage, or any cause reasonably beyond the City's control. The Consumer acknowledges that the rates, terms and conditions established by ordinance and assessed by the Division of Cleveland Public Power are lawful and reasonable until such time as they are set aside as being discriminatory or unreasonable by a court of competent jurisdiction. ART. 10: This agreement shall be in force beginning on the date hereof and continuing for a period of __________ (____) years from the date electric service is initially provided and shall continue in force thereafter until cancelled by thirty (30) days written notice given by either party. The Consumer shall not contract with any other electric utility for electric service to be supplied during the term of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their hands this __________ day of __________, ______. CONSUMER ____________________________________________ ACCOUNT NO. ____________________________________________ METER NO. ____________________________________________ MAIL BILLS TO: REMARKS: CITY OF CLEVELAND APPROVED COMMISSIONER, DIVISION OF CLEVELAND PUBLIC POWER DATE SERVICE STARTS CONTRACT NO. ____________________________________________ DATE METER INSTALLED ____________________________________________ SECURITY DEPOSIT ____________________________________________ |
(c) Service contracts may include an agreement for the direct purchase of primary service installations owned by the consumer owner of the premises or by any utility, provided such installation complies with the City’s construction standards and such purchase is economically feasible.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)