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1.1.103: ACCEPTANCE OF CODE:
This Code, as presented in printed form, shall be received without further proof in all courts, whether State or Federal, and in all administrative tribunals of this State as the ordinances of general and permanent effect of the City 1 . (Ord. 11-18)

 

Notes

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1. See City Charter section 3-130.
1.1.104: RULES OF CONSTRUCTION:
In the construction of phrases and terms used in this Code, the following rules shall be observed unless excluded by express provision or inconsistent with the intent of the City Council:
   A.   All general terms, phrases and expressions shall be liberally construed in order that the true meaning and intent of the City Council may be implemented.
   B.   Words in the present tense include the future tense.
   C.   Words importing the singular may include the plural, extending to several persons and things, and words importing the plural number may include the singular.
   D.   Words importing the masculine or female gender may be applied to the opposite gender as well, and to associations and bodies corporate as well as individuals.
   E.   Titles, catchlines, captions, historical notes and source notes are intended as aids in reference and shall not be deemed to be part of this Code or any component ordinance.
   F.   References to authority granted to a specific position, appointee, manager, officer, agent or similar person shall be deemed to include that person's authorized designee(s). (Ord. 11-18)
1.1.105: COMPUTATION OF TIME:
   A.   In computing any period of time prescribed or allowed for the transaction of business within a City office, including, but not limited to, the filing of papers, notices, applying for licenses or permits or similar transactions, the time shall be computed by excluding the first and including the last day. If however, the last day is a Saturday, Sunday or legal holiday, it shall be excluded and the time prescribed or allowed shall conclude on the next business day.
   B.   For the purposes of this section, "Legal Holiday" includes: New Year's Day; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; the day after Thanksgiving Day; Christmas Day and any other holiday declared by the Mayor. (Ord. 11-18)
1.1.106: DEFINITIONS:
The following terms, as used in this Code and in all ordinances of the City, shall have the meanings hereinafter designated, unless the context specifically indicates otherwise, or unless the meaning is excluded by express provision:
ATTORNEY: The City Attorney or the City Attorney's designee.
AUDITOR: The City Auditor or the City Auditor's designee.
CRS OR COLORADO REVISED STATUTES: Includes all supplements, amendments and replacement volumes, as well as any subsequent recodification, revision or recompilation of the laws of the State of Colorado.
CHARTER: The Charter of the City of Colorado Springs.
CHIEF EXECUTIVE OFFICER OR EXECUTIVE DIRECTOR: The Utilities Director of Colorado Springs Utilities employed by the Utilities Board pursuant to City Charter section 6-10, or the Chief Executive Officer's (or Executive Director's) designee.
CHIEF FINANCIAL OFFICER: The person appointed by and reporting directly to the Mayor who is responsible for supervising the financial affairs of the Municipal government, subject to the Mayor's ultimate responsibility for the proper and effective administration of the City in accord with City Charter section 4-40. The Chief Financial Officer shall have the duties and responsibilities of Finance Director, City Controller and City Treasurer.
CITY: The City of Colorado Springs, Colorado, a home rule city and Colorado Municipal Corporation, to include all its enterprises.
CITY COUNCIL OR COUNCIL: The elected legislative body of the City.
CITY EMPLOYEE: Employees of the Municipal government including Municipal enterprise employees. For salary and benefit purposes, the Mayor shall be considered a City employee.
CLERK: The City Clerk or the Clerk's designee.
CODE OR CITY CODE: The codified ordinances of the City, as amended.
COUNCIL APPOINTEES: The City Auditor, City Council Administrator, Utilities Executive Director, MHS Enterprise Board of Trustees, and all Council appointed board, commission or committee members.
COUNTY: The County of El Paso, Colorado.
COURT: Includes courts not of record, as well as courts of record.
DEPARTMENT DIRECTOR OR MANAGER: The administrator and supervisor of an executive or administrative department of the City who is appointed by and reports directly to the Mayor.
ENTERPRISES: Colorado Springs Utilities, MHS Enterprise and any other enterprise activity of the City. Unless specifically excluded, all City enterprises shall include Colorado Springs Utilities and MHS Enterprise, as well as Municipal enterprises.
INCLUDE, INCLUDES OR INCLUDING: Including, but not limited to; it in no way means to exclude.
LAWS AND ORDINANCES NOW IN FORCE: Laws and ordinances in force at the time that the ordinance containing the words takes effect.
MHS ENTERPRISE: The health system enterprise of the City, formerly referenced as Memorial Hospital or Memorial Health System. In the interest of clarity, "MHS Enterprise" does not refer to any current or future operator of leased facilities under the Memorial Health System Affiliation.
MHS ENTERPRISE CHIEF EXECUTIVE OFFICER: The Chief Executive and Administrative Officer of MHS Enterprise appointed by the MHS Enterprise Board of Trustees, and in the absence of such an appointee, the Chair of the MHS Enterprise Board of Trustees. In the interest of clarity, the "MHS Enterprise Chief Executive Officer" does not refer to the chief executive and administrative officer of any current or future operator of leased facilities under the Memorial Health System Affiliation.
MAYOR: The elected Chief Executive and Administrative Officer of the Municipal government who is responsible for the proper exercise of the executive and administrative powers granted to the City 1 . The Mayor shall perform those duties and functions required by the Charter and the City Code. Mayor includes the Acting Mayor of the City when holding the Office of Mayor in accord with Charter section 4-20 and the Mayor's designee for those administrative or executive functions authorized by this Code.
MAYORAL APPOINTEES: Includes the City Attorney, City Clerk, Chief Financial Officer, Municipal Judges, Police Chief, Fire Chief and other department, division, office, agency or enterprise directors or managers as authorized by Charter section 4-40(f).
MEMORIAL HEALTH SYSTEM AFFILIATION: Includes: a) the Health System Operating Lease Agreement by and among the City of Colorado Springs, UCH-MHS and Poudre Valley Health Care, Inc., dated July 2, 2012, and b) the Integration and Affiliation Agreement by and among the City of Colorado Springs, University of Colorado Health, UCH-MHS and Poudre Valley Health Care, Inc., dated July 2, 2012.
MONTH: A calendar month.
MUNICIPAL: General activities and operations of the City, not including Colorado Springs Utilities and MHS Enterprise.
MUNICIPAL ENTERPRISES: Enterprise activities of the City, not including Colorado Springs Utilities and MHS Enterprise.
OATH: Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, in which case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OFFICE, OFFICER, EMPLOYEE, BOARD, COMMISSION OR DEPARTMENT: An office, officer, employee, board, commission or department of the City.
PERSON: Any individual, firm, company, partnership, sole proprietorship, association, group or society, including the United States and the State of Colorado, and any agencies, districts, commissions and political subdivisions created by or pursuant to State or Federal law.
PRECEDING, FOLLOWING: Next before and next after, respectively.
PREMISES: A lot of real property, parcel of land, building, establishment or location, as well as any equipment, appurtenances and personal property which is affixed to or otherwise used on the premises.
PUBLIC PLACE: A place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public.
SIGNATURE: The proper handwriting of a person or the person's mark.
STATE: The State of Colorado.
UTILITIES: Colorado Springs Utilities or CSU, an enterprise of the City operating water, wastewater, gas and electric utilities.
UTILITIES BOARD: The City Council serving as the Board of Directors for Utilities pursuant to City Charter section 6-40.
WRITING: Any mode of representing words or letters, including printing.
YEAR: A calendar year. (Ord. 11-18; Ord. 15-52; Ord. 15-62; Ord. 18-41)

 

Notes

1
1. See City Charter section 4-10.
1.1.107: SEVERABILITY OF PARTS OF CODE:
It is hereby declared to be the intention of the City Council that each and every part of this Code is severable. If any term, phrase, clause, sentence, paragraph or section of this Code is declared unconstitutional or invalid by the judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the remaining provisions would have been enacted by the City Council without the incorporation in this Code of any unconstitutional or invalid term, phrase, clause, sentence, paragraph or section. (Ord. 11-18)
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