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CITY CODE of COLORADO SPRINGS, COLORADO
ORDINANCES PENDING REVIEW FOR CODIFICATION
THE CHARTER OF THE CITY OF COLORADO SPRINGS
CHAPTER 1 ADMINISTRATION, PERSONNEL AND FINANCE
CHAPTER 2 BUSINESS LICENSING, LIQUOR REGULATION AND TAXATION
CHAPTER 3 PUBLIC PROPERTY AND PUBLIC WORKS
CHAPTER 4 PARKS, RECREATION AND CULTURAL SERVICES
CHAPTER 5 ELECTIONS
CHAPTER 6 NEIGHBORHOOD VITALITY/COMMUNITY HEALTH
CHAPTER 7 UNIFIED DEVELOPMENT CODE (UDC)
CHAPTER 8 PUBLIC SAFETY
CHAPTER 9 PUBLIC OFFENSES
CHAPTER 10 MOTOR VEHICLES AND TRAFFIC
CHAPTER 11 MUNICIPAL COURT1
CHAPTER 12 UTILITIES
CHAPTER 13 MHS ENTERPRISE1
CHAPTER 14 MUNICIPAL ENTERPRISES
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12.1.101: DEFINITIONS:
Unless the context specifically indicates otherwise, the following terms, as used in this chapter, shall have the meanings hereinafter designated:
BUSINESS CONTRACTS: All contracts or agreements by Utilities for purchase or sale of goods and services except contracts or agreements involving purchase or sale of any interest in real estate.
BYPASS OR BYPASSING: Any wire, cord, socket, motor or other instrument, device or contrivance connected to the electric supply system or any part thereof or to any other customer's or user's electric system in such a manner as to transmit, supply or use any electricity, natural gas, water or wastewater without passing through the authorized meter for measuring or registering the amount of electricity consumed at the receiving premises.
CHAPTER OR THIS CHAPTER: Chapter 12 of this Code of the City of Colorado Springs.
CHIEF EXECUTIVE OFFICER: The Chief Executive Officer of Colorado Springs Utilities employed by the Utilities Board pursuant to City Charter section 6-10, or the Chief Executive Officer's designee.
CITY: The City of Colorado Springs, County of El Paso, State of Colorado.
COLORADO SPRINGS UTILITIES OR CSU: The Utilities of the City of Colorado Springs created and operated as an enterprise pursuant to article VI of the City Charter.
CUSTOMER: The person or authorized agent of the person designated on the records of the Utilities as the person responsible for payment of charges incurred for the use of the utility supply system of the City at the premises being served.
ELECTRIC SUPPLY SYSTEM OR ELECTRIC SYSTEM:
   A.   Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the production, generation, transmission, distribution or regulation of electricity, including, but not limited to, electric lines, service lines, transformers, electric poles, meters, electric generation plants and substations;
   B.   Any and all rights, property and obligations of the City or Utilities concerning electricity and electric production, transmission and distribution facilities;
   C.   Any and all standby or contingency equipment, facilities, devices or materials which may be necessary to provide reliable electric service;
   D.   Any and all land or sites owned by the City or used by Utilities for the purpose of generating electricity and/or providing electric service to users, including any and all substations, easements and rights-of-way; and
   E.   Any and all appurtenances, extensions, improvements, additions, alterations or replacements thereof.
ENTERPRISE: A government owned business authorized to issue its own revenue bonds and receiving under ten percent (10%) of annual revenue in grants from all Colorado State and local governments combined (Colorado Constitution article X, section 20). A City owned business receiving over seventy five percent (75%) of annual nondebt revenue from nongovernmental sources 1 .
HAZARDOUS CONDITION: A condition which, in the judgment of Utilities, poses a threat to life, health or safety of any person, or which may result in damage to property. Hazardous condition includes any unsafe condition or dangerous condition.
NATURAL GAS SUPPLY SYSTEM OR NATURAL GAS SYSTEM:
   A.   Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the production, distribution or regulation of natural gas, including, but not limited to, natural gas main lines, service lines, regulators, meter set, valves and associated appurtenances;
   B.   Any and all rights, property and obligations of the City or Utilities concerning natural gas distribution facilities;
   C.   Any and all standby or contingency equipment, facilities, devices or materials which may be necessary to provide reliable natural gas service including the propane air plant;
   D.   Any and all land or sites owned by the City or used by Utilities for the purpose of measuring and regulating natural gas and/or providing natural gas service to users, including any and all other facilities, easements and rights-of-way used by Utilities to provide natural gas utility service; and
   E.   Any and all appurtenances, extensions, improvements, additions, alterations or replacements thereof.
PUC: The Public Utilities Commission of the State of Colorado as established by and organized and operated pursuant to title 40 of the Colorado Revised Statutes, as the same may be now or hereafter amended.
PERSON: Any individual, firm, company, partnership, corporation, association, group or society and includes the United States and the State of Colorado and agencies, districts, commissions and political subdivisions created by or pursuant to State or Federal law.
PREMISES: A lot, parcel of land, building or establishment. For the purpose of this chapter, premises shall also include the point of connection between the water supply system and another public water supply system.
SERVICE STANDARDS AND SPECIFICATIONS: A regulation promulgated by the Chief Executive Officer or the Chief Executive Officer's designee as authorized by subsection 12.1.110B of this article.
SUBTERFUGE: Any means by which service is attained or liability escaped by deception or concealment.
TAMPER OR TAMPERING: Damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of electricity, natural gas, water or wastewater passing through the meter.
UNAUTHORIZED METERING: Removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for electric, natural gas, water or wastewater service by a person other than an authorized employee of the Utilities.
USER: Any person who uses, takes service from, receives benefit of service supplied, or is connected to the utility supply system. User includes commercial users, residential users, and public users as defined below.
Commercial User: Any person whose use of the utility supply system is in connection with the operation of a business, trade or occupation, whether or not for profit, or any other non- single-family residential purpose. The persons shall include but shall not be limited to homeowners' associations, clubs, fraternities, sororities, lodges, hotels, apartment and rooming houses, tourist camps and cottages, multi-family dwellings where more than one dwelling unit is served through one meter, all common areas of multi-family dwellings when separately metered, schools, military facilities, industrial facilities, governmental buildings and churches.
Public User: The owner or operator of a public water supply system that is connected to the water supply system.
Residential User: Any person whose use of the utility supply system is exclusively for domestic purposes in a private home or individual dwelling unit where not more than one dwelling unit is served through one meter. Each person of full legal age who resides at the premises shall be deemed to have received benefit of utility services supplied and shall be liable to Utilities for payment, whether or not service is listed in that person's name.
UTILITIES: The Utilities of the City of Colorado Springs created and operated as an enterprise pursuant to article VI of the City Charter, hereinafter sometimes referred to as "Colorado Springs Utilities" or "CSU".
UTILITIES BOARD: The City Council serving as the Board of Directors for Utilities pursuant to City Charter section 6-40.
UTILITIES ENTERPRISE POLICIES: Regulations promulgated by the Chief Executive Officer for internal administration of Utilities as authorized by subsection 12.1.110A of this article.
UTILITY: Electrical systems, natural gas systems, water systems, wastewater systems and the other systems designated by Council, including the acquisition, erection, construction, operation or maintenance by CSU.
UTILITY SERVICE: The provision of regulated electric, natural gas, water or wastewater service by Colorado Springs Utilities to users or customers.
UTILITY SUPPLY SYSTEM OR UTILITY SYSTEM:
   A.   Any and all rights, property and obligations of the City concerning Utilities;
   B.   Any and all devices, facilities, structures, equipment or works owned by the City or used by CSU for the purpose of supplying utility service;
   C.   Any and all standby or contingency equipment, facilities or material which may be necessary to provide reliable utility service;
   D.   Any and all land or sites owned by the City or used by CSU for the purpose of providing utility services to user; and
   E.   Any and all extensions, improvements, additions, alterations or remodeling thereof.
WASTEWATER TREATMENT SYSTEM OR WASTEWATER SYSTEM:
   A.   Any devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment, and their appurtenances and excluding service lines;
   B.   Extensions, improvements, additions, alterations or any remodeling thereof;
   C.   Elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and
   D.   Any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from the treatment.
   E.   It does not include the stormwater drainage system, a separate Municipal operation which is not part of Utilities.
WATER SUPPLY SYSTEM OR WATER SYSTEM:
   A.   Any and all rights, property and obligations of the City concerning water and water supply facilities, including nonpotable water and nonpotable water supply facilities;
   B.   Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the collection, storage, transmission, treatment, regulation or distribution of potable and nonpotable water, including distribution mains, pumping facilities, metering facilities, pressure regulations facilities and their appurtenances and excluding service lines;
   C.   Any and all standby or contingency equipment, facilities or material which may be necessary to provide reliable water service;
   D.   Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the transmission, storage, treatment or distribution of potable and nonpotable water, including treatment plants, pumping facilities, reservoirs, transmission lines and their appurtenances;
   E.   Any and all land or sites owned by the City or used by Utilities, for the purpose of providing potable or nonpotable water to users including streams or other waters which contribute to the water supply of the City and any area in or along the waters or within five (5) miles upgrade of any point from which water is taken by the City, and any and all watershed areas; and
   F.   Any and all extensions, improvements, additions, alterations or remodeling thereof. (Ord. 98-173; Ord. 01-42; Ord. 08-44; Ord. 17-42; Ord. 18-42)

 

Notes

1
1. See City Charter subsection 7-90(b)(5).
12.1.102: LEGISLATIVE FINDINGS:
   A.   Article XX of the Colorado Constitution establishes the process for creating home rule cities and provides that home rule cities may own and operate utilities within and without territorial limits.
   B.   Colorado Springs is a home rule City created pursuant to article XX of the Colorado Constitution. The Charter authorizes the City to own and operate utilities inside and outside the City limits 1 , and also establishes utilities as a citizen owned enterprise for the purpose of owning and operating utility systems designated by Council 2 .
   C.   The City Charter directs that Utilities funds be kept separate from the Municipal General Fund of the City and from other City enterprises. It is intended that Utilities' revenues will come from the rates and prices it charges for goods and services rather than from taxes.
   D.   The City Charter directs the City Council to sit as the Board of Directors for Utilities. Council recognizes that in its capacity as Utilities Board it conducts all business in full compliance with applicable legal, statutory, and regulatory requirements. Further, in this capacity, it must govern Colorado Springs Utilities in accord with sound business principles, in a manner that supports long-term sustainability of the enterprise and maximizes value to the citizens.
   E.   Council further finds that it will best be able to carry out its fiduciary responsibilities for exercising its power and authority for the governance of Utilities by directing the adoption of a governance manual for Utilities as provided in this chapter. The governance manual requires the Utilities Board to excel at the primary obligations of governance for the organization to meet its Board-directed mission and customer- focused performance expectations.
   F.   In adopting this approach, the Council intends that as the Utilities Board it will work with the Chief Executive Officer in partnership to achieve excellence in governance to attain long- term organizational sustainability. The Utilities Board and the Chief Executive Officer work jointly to set the strategic direction and vision for the enterprise. The Utilities Board shall establish a clear distinction between its duties, responsibilities and authorities and the Chief Executive Officer's responsibilities and authorities through formal, written governance policies. The Utilities Board shall respect the exclusive authority of the Chief Executive Officer to lead the enterprise. To the maximum extent legally possible and guided by the Utilities Board governance policies, the Chief Executive Officer is authorized to make decisions, take actions, establish processes and procedures, implement plans and work on behalf of the enterprise with customers, elected officials, government agencies, stakeholders and the public to meet the Utilities Board's strategic focus and Board Expected Results. The Chief Executive Officer shall support the Utilities Board by implementing its direction and decisions and assisting the Utilities Board in obtaining sufficient information and knowledge to meet their joint responsibilities. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 18-48)

 

Notes

1
1. See City Charter article I, subsection 1-20(d).
2
2. See City Charter article VI.
12.1.103: ENTERPRISE STATUS:
The Utilities Board shall govern and the Chief Executive Officer shall manage and operate Utilities consistent with the requirements of the City Charter and the Colorado Constitution for an enterprise. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
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)
12.1.105: UTILITIES GOVERNANCE:
The Utilities Board shall govern by adopting written governance policies, including policies on Utilities Board duties, responsibilities, authorities, commitments and practices, Utilities Board/Chief Executive Officer partnership expectations, Chief Executive Officer responsibilities and authorities, Board expected results, and Board instructions to the Chief Executive Officer, and guidelines for the Chief Executive Officer. The intent of the policies shall be to reserve to the Utilities Board the functions of establishing overall governance policies. The Utilities Board may adopt and revise the Utilities Board policies they determine are necessary or prudent to carry out their fiduciary duties and the intent expressed. Further, the Utilities Board may adopt bylaws governing its meeting and agenda procedures and other pertinent matters. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
12.1.106: DELEGATION OF AUTHORITY TO THE CHIEF EXECUTIVE OFFICER AND STAFF:
To the maximum extent legally possible, the Utilities Board, in its discretion, is empowered to delegate its authority for the management and operation of Utilities as an enterprise to the Chief Executive Officer through the adoption of written Utilities Board governance policies. In turn, the Chief Executive Officer is authorized, in the Chief Executive Officer's discretion, to provide for the management and operation of Utilities by creating divisions or other operational units and to delegate the Chief Executive Officer's authority to staff reporting to the Chief Executive Officer by Utilities Enterprise Policies. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
12.1.107: AUTHORITIES, POWERS AND DUTIES OF UTILITIES CHIEF EXECUTIVE OFFICER:
In addition to any other powers or duties conferred by the City Charter, this Code, other statutes, Utilities Board governance policies, ordinances, rules or regulations, the Utilities Chief Executive Officer shall have the authority to:
   A.   Execute all business contracts entered into by Utilities and all other contracts and agreements.
   B.   Delegate signature authority to staff reporting to the Chief Executive Officer by Utilities Enterprise Policy, and may provide for further delegation of this signatory authority as appropriate.
   C.   Adopt or promulgate Utilities Enterprise Policies and service standards and specifications consistent with the provisions of the Charter or this Code concerning matters that are applicable to all operations and finances of the Utilities including all operational units.
   D.   Delegate authority to staff reporting to the Chief Executive Officer by Utilities Enterprise Policy, to adopt service standards and specifications for each respective division.
   E.   Make and enforce rules and regulations as may be necessary for the regulation, collection, rebating and refunding of user charges for utility services and/or for Stormwater service fees collected by Utilities as provided by section 14.8.109 of this Code.
   F.   Identify and certify an imminent hazard condition exists and abate the hazard in accord with the provisions of this chapter.
   G.   Interrupt or curtail utility services or to provide for the interruption or curtailment of utility services whenever emergency circumstances, including, without limitation, supply limitations or restrictions, treatment restrictions or limitations, transmission or distribution system restrictions or failures, or operational problems, require immediate interruption or curtailment of utility services for operational or safety reasons. The Chief Executive Officer's authority under this section may be delegated by Utilities Enterprise Policy.
   H.   Issue revocable permits for the use of public property primarily used by Colorado Springs Utilities, including watershed areas, for any purpose not inconsistent with this Code, regulations established by the Chief Executive Officer, or other laws and ordinances regulating the use and occupancy of public property.
   I.   Establish regulations governing the issuance or denial of a revocable permit and setting insurance requirements, fees and permit terms and conditions necessary to protect the public health, safety and welfare and the safety and welfare of Colorado Springs Utilities operations, equipment and facilities. (Ord. 18-42; Ord. 18-48; Ord. 19-80)
12.1.108: REGULATION OF ELECTRIC, STREETLIGHT, NATURAL GAS, WATER AND WASTEWATER RATES, CHARGES AND REGULATIONS:
   A.   Determined By City Council: The rates, charges and regulations, including conditions, for all classes of regulated electric, streetlight, natural gas, water and wastewater services shall be determined by the City Council for customers and users inside and outside of the corporate limits of the City and shall be set forth in tariff sheets to be adopted by resolution as provided in this section.
   B.   Tariff Sheets On File: One copy of the currently effective tariff sheets for each regulated utility service shall be kept on file with the City Clerk and shall be open for public inspection during regular business hours. Copies hereof may be purchased by any person upon payment of the cost of reproduction.
   C.   Adopted By Resolution; Hearing: Base rates or regulations or any change shall be adopted by resolution, which shall adopt by reference the appropriate tariff sheet or sheets to be established or revised.
      1.   Preliminary Information For The City Auditor And City Attorney: When Utilities proposes to change base rates, and the proposed change will result in the determination of a new revenue requirement supported by a cost of service study, Utilities will provide a draft of the proposal and cost of service study to the City Auditor and the City Attorney at least thirty (30) days prior to filing the proposed resolution with City Council. When changes to base rates are proposed, but do not involve a cost of service study, a draft of the proposal will be provided to the City Auditor and the City Attorney seven (7) days prior to the filing of a proposed resolution. Any request for additional information by the City Auditor and any response by Utilities, will be in writing. Drafts of the proposed resolution and tariff sheets will be provided to the City Attorney seven (7) days prior to filing of the final proposed resolution with City Council.
      2.   Notice And Order For Hearing: Upon presentation of a proposed resolution regarding adoption or change in base rates or regulations, the City Council shall set a hearing not less than thirty (30) days nor more than sixty (60) days from the date of the notice of the proposed resolution and shall order notice of the proposed resolution to be made as follows:
         a.   One copy of the proposed resolution, including the proposed change in the base rates or regulations, and one copy of any written documents which Utilities has provided to City Council to explain the proposed resolution, shall be filed and kept open for public inspection in the Office of the City Clerk.
         b.   Notice shall be given by publishing a summary of the proposed resolution at least once in at least one newspaper of general circulation within the City at least thirty (30) days and no more than sixty (60) days prior to the date set for the public hearing. The notice shall include: 1) an explanation of the proposed changes in rates or regulations, or new base rates or regulations; 2) the time when the same shall go into effect; and 3) a statement that one copy of the resolution and one copy of any written documents which the Utilities has provided to City Council to explain the proposed resolution are on file and open for public inspection in the Office of the City Clerk.
         c.   If it is impractical due to the size or bulk of the proposed resolution to publish the same in a newspaper, a summary thereof prepared by Utilities shall be published and notice shall be given of the availability of the proposed resolution for public inspection, including any new schedules stating plainly the changes to be made in the schedules then in force, at least once in at least one newspaper of general circulation in the authorized service area at least thirty (30) days and no more than sixty (60) days prior to the date set for public hearing.
         d.   Notice of any change in base rates or regulations for electric and/or natural gas service shall be mailed to affected customers served outside the City's corporate boundaries. The notice shall state the date and time of public hearing and that one copy of the proposed ordinance or resolution, including the proposed change in base rates or regulations, and one copy of any written documents which the Utilities has provided the City Council to explain the proposed resolution and changes are on file and open for public inspection in the Office of the City Clerk.
         e.   If a City Council Member discusses a proposed rate resolution with staff or members of the public outside a public hearing, the City Council Member shall place the substance of the discussions on the public record during the subsequent public hearing.
      3.   Public Hearing: The City Council shall conduct a public hearing to consider the proposed resolution. The procedures to be followed concerning the hearing shall include the following:
         a.   The City Council shall not delegate hearing on the proposed resolution to any other person, board or commission.
         b.   The City Council may question witnesses and may be assisted by legal, technical or other professional personnel or advice, as it deems necessary. All discussions and presentations by staff concerning the proposed resolution shall occur during a public hearing.
         c.   The Utilities shall make a presentation, including a presentation of exhibits to explain the proposed base rates or regulations, and the need therefor.
         d.   Any users or customers of the Utilities, their representatives or their attorneys, shall be allowed to present testimony and/or exhibits relevant to the proposed resolution during that portion of the public hearing when public comment is allowed.
         e.   Any users or customers may represent themselves, may select a representative or be represented by legal counsel.
         f.   Customers or users, their representatives or attorneys, who desire to present witnesses other than themselves concerning the proposed resolution may request an opportunity to present testimony and/or exhibits by filing with the City Clerk and Utilities' Chief Executive Officer a notice of intent to present witnesses, which shall contain a list of the names of witnesses which the user or customer proposes to present at the public hearing and a short summary of testimony of each witness, including a copy of all exhibits and other documentation that the user or customer proposes to present to City Council for its consideration, not less than seven (7) working days prior to the public hearing.
         g.   Testimony must be relevant to the issues being heard before the City Council, and not be repetitious. If the testimony or exhibits to be offered by a customer or user appear to be unduly repetitious, Council may require all similarly interested customers or users to designate a spokesman, or may appoint a spokesman for them, who alone shall be allowed to present testimony or exhibits.
         h.   City Council shall have discretion to limit the time for presentation by the Utilities and customers or users, their representatives or attorneys, desiring to present testimony or exhibits. The hearing shall be legislative in nature, but the City Council may allow the questioning, rebuttal or argument by Utilities, customers or users, their attorneys or representatives, as it considers appropriate.
      4.   Amendments And Revisions: The City Council may amend the proposed resolution and revise any proposed base rate or regulation as a result of information presented at the public hearing.
   D.   Procedure To Change Certain Rates Or Charges And Authorize Refunds By Resolution Without Notice And Public Hearing:
      1.   When Utilities proposes changes for electric cost adjustments or gas cost adjustments, the drafts of the proposal, the proposed resolution and tariffs will be provided to the City Auditor and City Attorney seven (7) days before filing the final proposed resolution with City Council.
      2.   The City Council, for good cause shown, may by resolution:
         a.   Authorize a refund of costs or charges to Utilities' customers; or
         b.   Change rates or charges of the electric utility to reflect electric cost adjustments (increased or decreased costs of fuel and/or purchased power) in the rates of the electric utility; or
         c.   Change rates or charges of the gas utility to reflect increased or decreased gas costs from the gas supplier; or
         d.   Change any other fees, rates or charges that are not within the control or discretion of the City or the Utilities; or
         e.   Change any other rates or charges of the water utility necessary to avoid a water shortage; or
         f.   Change any other tariff provision which City Council, in its discretion, deems to be appropriate; provided, the change has no adverse impact on customers.
      3.   In the cases noted above, Council may authorize the changes without requiring notice and public hearing. The resolution adopting the changes will be considered an order of City Council and shall specify the changes to be made and shall state: a) the circumstances necessitating the change without notice and public hearing, b) the effective date of the changes, and c) the manner in which the changes shall be published. Furthermore, whenever City Council authorizes a refund of costs or charges to customers of the Utilities, the resolution authorizing the refund shall provide for the disposition of refunds due to customers which cannot be located.
   E.   Standards For Setting Electric, Streetlight And Natural Gas Rates: All rates, as established by City Council for electric, streetlight and natural gas service, shall be just, reasonable, sufficient and not unduly discriminatory. All rates and regulations shall be designated in tariff sheets as provided above and shall indicate an approval date and an effective date to be set by City Council.
   F.   Authority For Water And Wastewater Setting Rates: City Council shall set water and wastewater rates for customers inside and outside the corporate limits of the City and for all classes of water service at the amount as Council, in its discretion, determines to be reasonable and appropriate in light of all circumstances. All water rates and regulations shall be designated in tariff sheets as provided above and shall indicate an approval date and an effective date to be set by the City Council. (Ord. 98-173; Ord. 01-42; Ord. 02-60; Ord. 03-50; Ord. 04-198; Ord. 18-42)
12.1.109: UTILITIES CONTRACTS:
   A.   Utilities is authorized to execute its business contracts in the name "Colorado Springs Utilities". Utilities' business contracts executed in the name "Colorado Springs Utilities" shall be deemed to have been executed by the City of Colorado Springs on behalf of its Utilities enterprise and shall be legally enforceable by the City or Utilities against third parties and by third parties against the City or Utilities to the same extent that would occur if the business contracts had been executed by the City of Colorado Springs on behalf of its Utilities enterprise. Furthermore, all contracts executed in the name of "Colorado Springs Utilities" shall be interpreted or construed by any reviewing court as having been executed by the City of Colorado Springs on behalf of its Utilities.
   B.   The Chief Executive Officer is authorized to execute all business contracts entered into by Utilities and all other contracts and agreements. The Chief Executive Officer may delegate this signatory authority by Utilities Enterprise Policy to staff reporting to the Chief Executive Officer and may provide by Utilities Enterprise Policy for the further delegation of this signatory authority. The Chief Executive Officer shall not have the authority to execute contracts or financial instruments that encumber or pledge the funds or other assets of the City of Colorado Springs, other than those of the Utilities, or otherwise affect the full faith and credit, of the City of Colorado Springs.
   C.   Notwithstanding the provisions of section 1.2.313 of this Code, related to the Mayor's powers and duties with respect to City contracts, the Mayor shall not have the duty or power to execute or sign business contracts entered into by Utilities, provided, however, that the Mayor may sign bonds, financial contracts and related documents entered into by Utilities as a ministerial function pursuant to section 4-10 of the City Charter. (Ord. 98-173; Ord. 01-42; Ord. 14-21; Ord. 18-42)
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