§4545.36. Powers, etc., severable; provisions of Chapter controlling over other statutes and charters
If any one or more Sections, Subsections, sentences, or Parts of any of this Chapter shall be adjudged unconstitutional or invalid, such adjudication shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid. Any provision of this Chapter which is found to be in conflict with any other statute or Chapter shall be controlling and shall supersede such other statute or Chapter to the extent of such conflict.
After the effective date of this Act, no municipality that has executed a contract with the Authority for the purchase of capacity shall commence service at retail to any customer situated outside the corporate limits of such municipality except where said customer is situated within 300 feet of municipally owned and operated facilities outside said municipality, which facilities were in operation on April 1, 1979, except with the consent in writing of any other electric public utility serving customers in its general area; provided further that if no electric service is available outside of the 300 foot area, then such consent shall not be unreasonably withheld.
If, after the effective date of this Act, any dispute arises as to the service to any customer or customers between a municipality and an electric public utility, such dispute shall be adjudicated by the district court of the judicial district in which service is to be furnished.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
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