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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)
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)
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)
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)
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)
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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