12.1.104: DELEGATION OF AUTHORITY:
Except for the matters expressly provided herein, Council hereby delegates all of its authority over the management and operation of the Utilities to the Utilities Board with the intent that the Utilities Board be empowered to exercise authority, judgment and discretion over Utilities to the fullest extent legally possible. This delegation of authority does not include authority to pass ordinances, issue revenue bonds, institute eminent domain proceedings, appropriate funds or adopt annual budgets, approve intergovernmental agreements, adopt or change tariffs for regulated products and services, create advisory boards in accordance with the City Charter, approve the sale, conveyance or lease of a substantial part of Utilities systems and water rights with an affirmative vote of a supermajority of sixty percent (60%) of the electors of the City voting upon that question in accordance with the City Charter, or to take any action expressly required of the Council in its legislative capacity by the Colorado Constitution, the City Charter, or other controlling law. Without limiting the foregoing general delegation of authority, this delegation specifically includes administrative authority for the Utilities Board to hire, evaluate and terminate services of a Chief Executive Officer and set the salary of the Chief Executive Officer by motion, appoint Utilities Policy Advisory Committee members and customer advisory group members, approve the sale, conveyance or lease of Utilities property and water rights that are not a substantial part of a Utilities system consistent with Charter Section 6-80, and appoint directors and representatives to authorities, partnerships, joint ventures, and similar entities in which Utilities participates. Within all areas of this delegated authority, any action, decision or determination of the Utilities Board shall carry the same legal authority, weight and effect as if that action, decision or determination had been made by City Council in its legislative capacity. (Ord. 98-173; Ord. 01-42; Ord. 18-42)