On the agenda: Arvada, CO City Council Business Meeting — data center (Sep 1)

City of Arvada
City Council Agenda
SEPTEMBER 1, 2026
Councilmembers:
Lauren Simpson, Mayor
Randy Moorman, Mayor Pro-Tem
Shawna Ambrose, District 2
Sharon Davis, At large
Bob Fifer, District 4
Michael P. Griffith, At large
Rebecka Lovisone, District 3

Staff Members Usually Present:
Don Wick, City Manager
Linda Haley, Deputy City Manager
Allison Scheck, Deputy City Manager
Rachel Morris, City Attorney
Jacqueline Rhoades, Director of Infrastructure
Jessica Garner, Director of Community & Econ. Dev.
Bryan Archer, Chief Financial Officer
Gabriella Bommer, Director of Human Resources
Ryan Stevenson, Director of Vibrant Community & Neighborhoods
Rachael Kuroiwa, Director of Communications & Engagement
Ed Brady, Chief of Police
Kristen Rush, City Clerk

Info: 720-898-7550

THIRD FLOOR CONFERENCE ROOM
EXECUTIVE SESSION
5:00 P.M.
Legal Advice, Pursuant to CRS 24-6-402(4)(b) Relating to the criteria for decision-making and
application of criteria for the Proposed Service Plan for the Scenic Heights West Metropolitan District.

REGULAR MEETING
CITY COUNCIL CHAMBERS
6:00 P.M.
1.

Call to Order - 6:00 PM

2.

Moment of Reflection and Pledge of Allegiance - Councilmember Davis

3.

Roll Call of Councilmembers

4.

Approval of Minutes
A.

5.

August 18, 2026 City Council Meeting

Recognitions and Communications
A.

Proclamation for National Co-Responder Week - Presented by Councilmember Fifer

B.

Proclamation for National Service Dog Month - Presented by Mayor Pro Tem Moorman

6.

Presentations - None

7.

Public Comment on Issues not Scheduled on Agenda - Three Minute Limit

8.

New Business
A.

Consent Agenda
1.

R26-064, A Resolution Approving Amendment No. 1 to the Updated Employment
Agreement between the City of Arvada and Rachel A. Morris as City Attorney

2.

R26-065, A Resolution Approving Amendment No. 1 to the Updated Employment
Agreement between the City of Arvada and Kathryn C. Kurtz as Presiding Municipal Court
Judge

3.

R26-066, A Resolution Approving the First Amendment to an Employment Agreement
Between the City of Arvada and Don Wick as City Manager

4.

R26-067, A Resolution Approving an Intergovernmental Agreement by and Between the
City of Arvada and the Arvada Urban Renewal Authority to Grant Arvada an Amount Not to
Exceed $300,000.00 to Create a Wildfire Early Detection System

B.

Resolutions - NONE

C.

Ordinances (First Reading) - NONE

9.

Other

10.

Public Hearings - 6:15 PM
A.

R26-068, A Resolution Approving the Proposed Service Plan for the Scenic Heights West
Metropolitan District

11.

Public Comment - Five Minute Limit

12.

Reports from City Council
A.

13.

Council Committee Reports

Reports from City Manager
A.

Review of Future Workshops and Presentations

14.

Reports from City Attorney

15.

Adjournment

SUMMARY OF MINUTES OF THE MEETING OF THE ARVADA CITY COUNCIL HELD
AUGUST 18, 2026
1.

Executive Session – 5:30 p.m.
A.

Legal Advice, Pursuant to CRS 24-6-402(4)(b) and Instructions to Negotiators, Pursuant to CRS
24-6-402(4)(e) Relating to Foothills Animal Shelter

Councilmember Ambrose moved to go into executive session for
Legal Advice, Pursuant to CRS 24-6-402(4)(b) and Instructions to Negotiators, Pursuant to CRS 24-6402(4)(e) Relating to Foothills Animal Shelter
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Davis, Fifer, Griffith, Lovisone
The Motion was Approved
1.

Call to Order - 6:05 p.m.

2.

Moment of Reflection and Pledge of Allegiance

3.

Roll Call of Councilmembers
Those Present: Mayor Lauren Simpson, Mayor Pro Tem Randy Moorman, Councilmember
Shawna Ambrose, Councilmember Sharon Davis, Councilmember Bob Fifer, Councilmember
Michael Griffith, Councilmember Rebecka Lovisone.
Also Present: Don Wick, City Manager, Rachel Morris, City Attorney, Linda Haley, Deputy City
Manager, Bryan Archer, Chief Financial Officer, Jacqueline Rhoades, Director of Infrastructure,
Jessica Garner, Director of Community and Economic Development, Candice Svoboda, Assistant to
the City Manager and Kristen Rush, City Clerk.

4.

Approval of Minutes – July 7, 2026; July 14, 2026; July 21, 2026; and July 28, 2026, City Council
Meetings
The minutes stand approved.

5.

Recognition and Communication A.

Recognition of Faith Leaders involved in Homeless Response - Homeless Resolution Program Presented by Councilmember Ambrose

Councilmember Ambrose read the proclamation and said that tonight, the Arvada City Council is honored
to recognize Mission Arvada, Faith Church, Storyline Church, Spirit of Christ Church, Vineyard Church,
and Community of Grace for their extraordinary partnership in serving unhoused Arvadans. During this
past cold-weather season, the Jefferson County Cold Weather Response was activated for a total of 25

City of Arvada
August 18, 2026
Page 2
nights. Together, these faith organizations provided more than 3,000 meals during life-threatening
temperatures, serving as many as 121 Arvadans on a single night. We would also like to offer thanks to
Faith Church for providing 1,000 outreach bags which are key to providing dignified hygiene products to
unhoused Arvadans.
Tonight’s recognition does not do justice to the collaborative and holistic services the faith community
provides to unhoused Arvadans and to the greater community. On behalf of the City of Arvada, we extend
our deepest gratitude to Mission Arvada, Faith Church, Storyline Church, Spirit of Christ Church,
Vineyard Church, Arvada United Methodist Church and Community of Grace for their dedication to our
community and their unwavering care for our unhoused Arvadans.
6.

Presentation –
A.
2026 Mid-Year Financial Report
Bryan Archer, Chief Financial Officer presented the 2026 mid-year financial report. This included
updates on specific performance measures, an overview of the major revenue categories in the
General Fund, a high-level look at the other Major Funds including: Parks, Tax Increment, Water,
Wastewater, Stormwater, Solid Waste, and Golf, a review of the investment portfolio and an
overview of Grants.
B.

Drought Update

Jacqueline Rhodes, Director of Infrastructure, and members of the Infrastructure Team said that
Colorado continues to experience a severe drought. To ensure sufficient water for our customers, and
without knowing the conditions for the remainder of the season, it is necessary to conserve water in
the event of a multi-year drought that continues to deplete water supplies for future years. City
Council adopted a drought declaration on March 24, 2026, and the City promulgated water use
restrictions to reduce water use and to preserve the City's water supply.
At this time, the City team is not moving forward with Ordinance CB26-018, which would have
implemented drought surcharge pricing. The City team will monitor drought conditions and, if
necessary, will bring surcharges to the City Council for consideration in Spring 2027. This action
would align with a potential drought declaration extension, which would be considered when next
year’s water supply outlook is available.
Outdoor water use remains the primary focus, as this is where there is the greatest ability to reduce
use. Overall, our City residents and businesses have responded to our request to reduce their water
use. July monthly water use realized approximately 14% savings under the 5-year average water use.
This reduction is inclusive of some extremely hot weather in recent days and weeks. Being the peak
outdoor watering season, there is more opportunity to save, and it appears our customers are starting
to adapt their water use in response to the drought. While we are not yet seeing the 20% reduction
goal, the more recent trends are promising, and we would like to continue education, monitoring, and
enforcement moving forward.
Drought surcharges signal to our customers the premium value of water in a drought, while
exempting essential indoor water use. If reconsidered in Spring 2027, these surcharges would be
effective only during times of a declared water use restriction period, and only for the duration of the
declared water use restriction period. The utility billing process would be ready to support surcharge
pricing beginning May 1, 2027.

City of Arvada
August 18, 2026
Page 3
C.

Transportation Advisory Committee Report

Jesse Dubin, Chair, Transportation Advisory Committee (TAC), summarized its recent activities and
priorities. As part of this update, the TAC also highlighted its recommendation letter on Vision Zero,
which the Committee drafted to support the City's ongoing work on transportation safety. This is an
informational report only; no Council action is requested at this time.
7.

Public Comment
A. Rebecca Hetherington, Arvada resident, addressed council regarding the Jaycees.
B. Roslynn Budoff, Arvada resident, addressed council regarding Frontline Farming.
C.
Mike Rawluk, Golden resident, addressed council regarding data centers and smart water
meters.
D.
Patty Shannon, Arvada resident, addressed council regarding Jeffco Traffic Memo
E.
Pam Sisk, Arvada resident, addressed council regarding short term rentals.
F.
Tim Hall, Arvada resident, addressed council regarding using the bible as a guide for
political issues.

8.

New Business
A.
Consent Agenda –
1.
R26-054

2.

R26-055

3.

R26-056

4.

R26-057

5.

R26-058

A Resolution Authorizing the Expenditure of City of Arvada Human
Services Funding Pool Funds for 2026 to Agencies Providing
Emergency Help, Program Assistance, and Other Assistance to Arvada
Citizens
A Resolution Authorizing the Issuance of a Purchase Order in the
amount of $860,250.00 to Sill-TerHar Motors Inc. for the Purchase of
Eighteen Ford Trucks
A Resolution Accepting an Annexation Petition, Concerning Water
Treatment Plant Parcel No. 1, Finding said Petition Substantially
Compliant with C.R.S. 31-12-107(1), and Setting a Public Hearing for
October 6, 2026, 6:15 P.M. for City Council to Determine Whether the
Area Meets the Requirements of C.R.S. 31-12-104 and 105, and is
Considered Eligible for Annexation
A Resolution Accepting an Annexation Petition Concerning Water
Treatment Plant Parcel No. 2, Finding said Petition Substantially
Compliant with C.R.S. 31-12-107(1), and Setting a Public Hearing for
October 6, 2026, 6:15 P.M. for City Council to Determine Whether the
Area Meets the Requirements of C.R.S. 31-12-104 and 105, and is
Considered Eligible for Annexation
A Resolution Adopting the Federal Highway Administration Safe
System Approach to Inform City Plans and Actions as the City Works
Toward a "Vision Zero" Goal of Eliminating Fatalities and Serious
Injuries Resulting from Traffic Accidents

Councilmember Fifer moved that R26-054, A Resolution Authorizing the Expenditure of City of
Arvada Human Services Funding Pool Funds for 2026 to Agencies Providing Emergency Help,
Program Assistance, and Other Assistance to Arvada Citizens; R26-055, A Resolution

City of Arvada
August 18, 2026
Page 4
Authorizing the Issuance of a Purchase Order in the amount of $860,250.00 to Sill-TerHar
Motors Inc. for the Purchase of Eighteen Ford Trucks; R26-056, A Resolution Accepting an
Annexation Petition, Concerning Water Treatment Plant Parcel No. 1, Finding said Petition
Substantially Compliant with C.R.S. 31-12-107(1), and Setting a Public Hearing for October 6,
2026, 6:15 P.M. for City Council to Determine Whether the Area Meets the Requirements of
C.R.S. 31-12-104 and 105, and is Considered Eligible for Annexation; R26-057, A Resolution
Accepting an Annexation Petition Concerning Water Treatment Plant Parcel No. 2, Finding said
Petition Substantially Compliant with C.R.S. 31-12-107(1), and Setting a Public Hearing for
October 6, 2026, 6:15 P.M. for City Council to Determine Whether the Area Meets the
Requirements of C.R.S. 31-12-104 and 105, and is Considered Eligible for Annexation; R26058, A Resolution Adopting the Federal Highway Administration Safe System Approach to
Inform City Plans and Actions as the City Works Toward a "Vision Zero" Goal of Eliminating
Fatalities and Serious Injuries Resulting from Traffic Accidents, be approved.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Davis, Fifer, Griffith, Lovisone
The Motion was Approved
B.

Resolutions –
1.
R26-059

A Resolution Authorizing the Assignment of the City of Arvada's
Private Activity Bond Allocation to the Housing Authority of the
County of Adams, State of Colorado, d/b/a Maiker Housing Partners,
Pursuant to the Colorado Private Activity Bond Ceiling Allocation Act

Sam Bradley, Housing Development Specialist, reviewed this resolution with council.
Councilmember Fifer moved that R26-059, A Resolution Authorizing the Assignment of the
City of Arvada's Private Activity Bond Allocation to the Housing Authority of the County of
Adams, State of Colorado, d/b/a Maiker Housing Partners, Pursuant to the Colorado Private
Activity Bond Ceiling Allocation Act, be approved.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Davis, Fifer, Griffith, Lovisone
The Motion was Approved
2.

R26-060

A Resolution Declaring the Intent of the City of Arvada to Issue
Revenue Bonds in Connection with Financing Residential Facilities for
Low-and Middle-Income Families or Persons

Sam Bradley, Housing Development Specialist, reviewed this resolution with council.
Mayor Pro Tem Moorman moved that R26-060, A Resolution Declaring the Intent of the City of
Arvada to Issue Revenue Bonds in Connection with Financing Residential Facilities for Lowand Middle-Income Families or Persons, be approved.
The following votes were cast on the Motion:

City of Arvada
August 18, 2026
Page 5
Those voting Yes: Simpson, Moorman, Ambrose, Davis, Fifer, Griffith, Lovisone
The Motion was Approved
3.

R26-061

A Resolution Authorizing an Intergovernmental Agreement by and
between Westminster Public Schools and the City of Arvada for the
Activation and Operation of a Public Information Center in the Event
of an Emergency

Brian Wilkerson, Emergency Manager, reviewed this resolution with council.
Councilmember Davis moved that R26-061, A Resolution Authorizing an Intergovernmental
Agreement by and between Westminster Public Schools and the City of Arvada for the
Activation and Operation of a Public Information Center in the Event of an Emergency, be
approved.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Davis, Fifer, Griffith, Lovisone
The Motion was Approved
Councilmember Davis asked to be recused from R26-062 and R26-063.
Councilmember Fifer moved to recuse Councilmember Davis from R26-062 and R26-063.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Fifer, Griffith, Lovisone
Those Abstaining: Davis
The Motion was Approved
4.

R26-062

A Resolution Pursuant to Section 2-378 of the Arvada City Code
Determining that it is More Likely Than Not that a Violation of Section
2-375(10) did not Occur Because of a Technical Deficiency in the
City's Adopted Code of Ethics, and Therefore Determining to Dismiss
the Complaint Alleging Misconduct of Councilmember Sharon Davis

Councilmember Ambrose moved that R26-062, A Resolution Pursuant to Section 2-378 of the
Arvada City Code Determining that it is More Likely Than Not that a Violation of Section 2375(10) did not Occur Because of a Technical Deficiency in the City's Adopted Code of Ethics,
and Therefore Determining to Dismiss the Complaint Alleging Misconduct of Councilmember
Sharon Davis, be approved.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Fifer, Griffith, Lovisone
Those Abstaining: Davis
The Motion was Approved

City of Arvada
August 18, 2026
Page 6
5.

R26-063

A Resolution Pursuant to Section 2-378 of the Arvada City Code
Determining that it is More Likely Than Not That a Violation of
Section 2-375(1) of the Arvada Code Did Occur, and Setting a Hearing
Pursuant to Section 2-378(e)(2) of the Arvada Code to be Conducted
Pursuant to Section 2-379 of the Code

Mayor Pro Tem Moorman moved that R26-063, A Resolution Pursuant to Section 2-378 of the
Arvada City Code Determining that it is More Likely Than Not That a Violation of Section 2375(1) of the Arvada Code Did Occur, and Setting a Hearing Pursuant to Section 2-378(e)(2) of
the Arvada Code to be Conducted Pursuant to Section 2-379 of the Code, be approved.
Chirstopher Beal, spoke on behalf of Councilmember Davis
Cory Hoffman, representing council, answered questions from council.
The following votes were cast on the Motion:
Those voting Yes: Simpson, Moorman, Ambrose, Fifer, Lovisone
Those voting No: Griffith
Those Abstaining: Davis
The Motion was Approved
Councilmember Davis did not return to the Dais.
C.
9.

Ordinances (First Reading) - None

Other - None

10. Public Hearings –
A.

CB26-018

An Ordinance Amending Section 102-182, Water Surcharges, of Chapter
102, Utilities, of the Arvada City Code (Ordinance No. 4934) (Presenter:
Jacqueline Rhoades, Infrastructure Director) (Continued from June 16, 2026)

This ordinance was removed from the agenda.
11.

Public Comment - Five Minute Limit – None

12.

City Council Reports –
A.
Councilmember Ambrose said that she took a tour of local businesses with AEDA and said
that they would be welcoming a new director soon.
B.

Councilmember Ambrose highlighted some events, including August 20 there will be an Art
Night at Majestic View Nature Center, The Arvada Center has The Tower of Power on
August 21 and Candelas Fest is this weekend. Pints and Pups is also this weekend at
Colorado Taphouse. The Farmers Market is this weekend in olde town.

C.

Mayor Simpson said that the Kiwanis Club is holding their Toss’n for Tots this weekend too.

City of Arvada
August 18, 2026
Page 7
D.

Mayor Pro Tem Moorman said he will hold his monthly coffee chat on Friday, August 21
from 2-4 p.m. at Sweet Bloom Coffee Roasters, 7745 Wadsworth Boulevard.

13.

City Manager Reports –
A.
Don Wick, City Manager, reviewed the upcoming workshop and study session schedules
with council.

14.

City Attorney Reports –
A.
Rachel Morris, City Attorney, said that she will be participating in a Podcast this week
regarding public comment and public testimony and generally how people can make their
voices heard with council.

15.

Adjournment at 8:20 p.m.

________________________________________
Lauren Simpson, Mayor
SEAL:

_________________________________
Kristen R. Rush, City Clerk

REPORT TO CITY COUNCIL
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
5.A.

DATE: September 1, 2026

SUBJECT: Proclamation for National Co-Responder Week - Presented by Councilmember Fifer
Report in Brief
City Council will proclaim the week of September 13-19, 2026 as National Co-Responder Week.
Commander Ron Avila will be present to accept the proclamation.

Prepared by:
Chris Koch, CCO Admin
Reviewed by:
Toni Riebschlager, Law Office Administrator
Zachary Woolweaver, Assistant City Attorney I
Approved by:
Rachel Morris, City Attorney
Linda Haley, Deputy City Manager
Don Wick, City Manager

08/12/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

08/10/2026
08/11/2026

WHEREAS,

the City of Arvada is committed to enhancing public safety, community trust, and compassionate
responses to individuals in crisis; and

WHEREAS,

co-responder programs, pairing law enforcement officers with mental health professionals, have
proven to be highly effective in addressing behavioral health crises with care, expertise, and
dignity; and

WHEREAS,

the Arvada Police Department’s Co-Responder Unit provides essential support in the field,
offering de-escalation, crisis intervention, mental health assessment, and connection to resources
that reduce unnecessary arrests and hospitalizations while improving outcomes for individuals and
families; and

WHEREAS,

National Co-Responder Week, observed September 13–19, 2026, highlights the innovative
partnerships between law enforcement and behavioral health providers that are strengthening
communities across the nation; and

WHEREAS,

the City of Arvada recognizes the dedication, professionalism, and compassion of its
Co-Responder Unit members, who serve on the front lines of both public safety and mental health
care; and

WHEREAS,

the Arvada City Council wishes to commend these efforts, which reflect the highest values of
collaboration, service, and community well-being;

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and City Council of the City of Arvada,
Colorado, that September 13-19, 2026 be designated as National Co-Responder Week in the City of
Arvada, and we encourage all residents to join in recognizing and expressing appreciation for the critical
contributions of co-responder teams to the safety, health, and resilience of our community
Dated this 1st day of September 2026.
________________________________________

Lauren Simpson, Mayor
______________________________________
Randy Moorman, Mayor Pro Tem

_____________________________________
Shawna Ambrose, Councilmember

_______________________________________
Sharon Davis, Councilmember

_____________________________________
Bob Fifer, Councilmember

_______________________________________
Michael P. Griffith, Councilmember

_____________________________________
Rebecka Lovisone, Councilmember

REPORT TO CITY COUNCIL
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
5.B.

DATE: September 1, 2026

SUBJECT: Proclamation for National Service Dog Month - Presented by Mayor Pro Tem Moorman
Report in Brief
City Council will proclaim the month of September 2026 as National Service Dog Month.
Arvada residents Beth Parish and her husband, Denis Schoonover, will be present to accept the proclamation, along with other
representatives from the volunteer canine organization. Their "service dogs in training" will also accompany them.

Prepared by:
Chris Koch, CCO Admin
Reviewed by:
Toni Riebschlager, Law Office Administrator
Zachary Woolweaver, Assistant City Attorney I
Approved by:
Rachel Morris, City Attorney
Linda Haley, Deputy City Manager
Don Wick, City Manager

08/12/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

08/06/2026
08/11/2026

WHEREAS,

we believe in the joyful, transformative power of the human-canine bond and inclusivity of all
citizens; and

WHEREAS,

in the United States, more than 70 million adults and children have a disability and only 16,000
service dogs from accredited training programs exist nationwide and the need is growing; and

WHEREAS,

Canine Companions is a nonprofit organization that enhances the lives of people with disabilities
by providing expertly trained service dogs and ongoing support to ensure quality partnerships; and

WHEREAS,

Canine Companions and their service dogs empower people with disabilities to lead life with
greater independence by providing best-in-class training, ongoing follow up services and a deeply
committed community of support; and

WHEREAS,

National Service Dog Month aims to educate our community about the benefits of service dogs and
the laws protecting them; and

WHEREAS,

in the 250th year of our nation, the City of Arvada, Colorado continues to work becoming an
inclusive community in which all citizens, and their trained service dogs, are embraced.

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and City Council of the City of Arvada,
Colorado, and in recognition of service dogs and the adults and children with disabilities in our
community, that September 2026 be designated as National Service Dog Month and we encourage all
citizens to celebrate service dogs and be respectful of the rights to safe access to our community afforded
to the adults, children and veterans who lead more independent lives because of their assistance.
Dated this 1st day of September 2026.

________________________________________

Lauren Simpson, Mayor
______________________________________
Randy Moorman, Mayor Pro Tem

_____________________________________
Shawna Ambrose, Councilmember

_______________________________________
Sharon Davis, Councilmember

_____________________________________
Bob Fifer, Councilmember

_______________________________________
Michael P. Griffith, Councilmember

_____________________________________
Rebecka Lovisone, Councilmember

REPORT TO CITY COUNCIL
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
8.A.

DATE: September 1, 2026

SUBJECT: Consent Agenda
Report in Brief
1. R26-064, A Resolution Approving Amendment No. 1 to the Updated Employment Agreement between the City of Arvada
and Rachel A. Morris as City Attorney
2. R26-065, A Resolution Approving Amendment No. 1 to the Updated Employment Agreement between the City of Arvada
and Kathryn C. Kurtz as Presiding Municipal Court Judge
3. R26-066, A Resolution Approving the First Amendment to an Employment Agreement Between the City of Arvada and Don
Wick as City Manager
4. R26-067, A Resolution Approving an Intergovernmental Agreement by and Between the City of Arvada and the Arvada
Urban Renewal Authority to Grant Arvada an Amount Not to Exceed $300,000.00 to Create a Wildfire Early Detection System
Suggested Motion: Moved by: ___________________________________ I move that the Consent Item(s),
Number(s)_________
be
(Removed from the Consent Agenda and Heard Upon Item _____________) (Referred to a Workshop) (Postponed
Indefinitely).
YES _______

NO ______

ABSENT ______

That All/Remaining Consent Items be (Approved) (Rejected).
YES _______

NO ______

ABSENT ______

Prepared by:
Chris Koch, CCO Admin
Reviewed by:
Approved by:
Enclosure, exhibits & attachments required to support the report

REPORT TO CITY COUNCIL
RESOLUTION
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
8.A.1.

DATE: September 1, 2026

SUBJECT: R26-064, A Resolution Approving Amendment No. 1 to the Updated Employment Agreement
between the City of Arvada and Rachel A. Morris as City Attorney
Report in Brief
The City Council appointed Ms. Morris to the position of City Attorney in 2019. The City Council has offered to continue Ms.
Morris's appointment to the position of City Attorney. Ms. Morris has accepted her continued appointment as the City
Attorney.
It is the practice of the City Council to utilize employment agreements with Council appointees.
The Arvada team recommends that the City Council approve R26-064, A Resolution Approving Amendment No. 1 to the
Updated Employment Agreement between the City of Arvada and Rachel A. Morris as City Attorney.

Financial Impact
The Agreement contains the terms and conditions of Ms. Morris’s employment. It provides an annual base salary of
$282,425.53. This is currently budgeted and will be paid for from the City Attorney’s budget.

Background
Ms. Morris has served as the City Attorney for the City of Arvada since 2019. On August 21, 2025, Ms. Morris and the City
entered into an Updated Employment Agreement for the continued appointment of Ms. Morris as the City Attorney. This
Amendment No. 1 to the Updated Employment Agreement with Ms. Morris sets forth the understanding of the Parties as to her
salary.

Discussion
Under the home rule Charter of the City of Arvada, the City Council has three appointees. One of them is the City Attorney.
The Charter requires that this position be filled. Recognizing that the City Attorney position is key to ensuring that City
operations are legally compliant, the City Council has continued Ms. Morris's appointment to the position, as the person most
qualified to fulfill the duties. Approval of Amendment No. 1 to the Updated Employment Agreement with Ms. Morris will
ensure this position remains filled.

Public Contact
Posting of the City Council agenda.

Commission Recommendation
N/A

Strategic Alignment

SUBJECT: R26-064, A Resolution Approving Amendment No. 1 to the Updated
Employment Agreement between the City of Arvada and Rachel A. Morris as City Attorney

PAGE: 2
ITEM: 8.A.1.

The proposed action aligns with the following Implementation Principle within the Organizational and Service Effectiveness
Priority Area within the City Council Strategic Plan:
Adaptive and Resilient: The City of Arvada exemplifies resilience and adaptability through its commitment to financial
stewardship, fostering a high-performing workforce, and implementing adaptive practices that effectively respond to
dynamic environmental changes, ensuring sustainable progress and prosperity for its community.

Alternative Courses of Action
N/A

Recommendation for Action
The Arvada team recommends that the City Council approve R26-064, A Resolution Approving Amendment No. 1 to the
Updated Employment Agreement between the City of Arvada and Rachel A. Morris as City Attorney.

Suggested Motion:
I move that R26-064, A Resolution Approving Amendment No. 1 to the Updated Employment Agreement between the City of
Arvada and Rachel A. Morris as City Attorney, be (approved) (rejected).

Prepared by:
Toni Riebschlager, Law Office Administrator
Reviewed by:

Approved by:
Jessica Morales, Deputy City Attorney
Gabriella Bommer, Director of Human Resources
Bryan Archer, Chief Financial Officer
Rachel Morris, City Attorney
Don Wick, City Manager

08/11/2026
08/12/2026
08/12/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

RESOLUTION NO. R26-064
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE UPDATED
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARVADA AND RACHEL
A. MORRIS AS CITY ATTORNEY
WHEREAS, on October 8, 2019, the City of Arvada and Rachel A. Morris entered into an
Employment Agreement for the appointment of Ms. Morris as the City Attorney; and
WHEREAS, on August 21, 2025, the Parties entered into an Updated Employment Agreement
for the appointment of Ms. Morris as the City Attorney; and
WHEREAS, the Parties wish to amend the Updated Employment Agreement through the
execution of Amendment No.1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARVADA, COLORADO:
Section 1. The Mayor or Mayor Pro Tem is authorized to sign, and the City Clerk to attest,
Amendment No. 1 to the Updated Employment Agreement between the City of Arvada and
Rachel A. Morris as City Attorney. The form of which is substantially the same as that
attached hereto.
Section 2. This resolution shall be effective upon its approval by the City Council.
APPROVED AND ADOPTED this 1st day of September, 2026.

Lauren Simpson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jessica Morales, Deputy City Attorney
By:

AMENDMENT NO. 1
TO THE UPDATED EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF ARVADA AND RACHEL A. MORRIS AS CITY
ATTORNEY
1.0

PARTIES. The Parties to this Agreement are the City of Arvada, a Colorado home rule
municipal corporation (“Arvada” or “City”), and Rachel A. Morris (“Employee”), collectively
the “Parties.”

2.0

PURPOSE AND RECITALS.

3.0

2.1

On October 8, 2019, effective September 16, 2019, Arvada and Employee entered into
an Employment Agreement (“Original Agreement”) for Employee’s appointment to
the position of City Attorney as provided in section 8.1 of the Arvada City Charter.

2.2

The Original Agreement was amended five times on the following dates: August 16,
2021, effective July 12, 2021; August 17, 2022, effective July 11, 2022; July 6, 2023,
effective July 11, 2023; August 6, 2024, effective July 11, 2024; and August 21, 2025,
effective July 11, 2025.

2.3

On August 21, 2025, effective July 11, 2025, the Parties entered into the Fifth
Amendment to the Original Agreement (“Fifth Amendment” or “Updated
Employment Agreement”). The Fifth Amendment formalized the Parties’
understanding relating to the terms and conditions of Employee’s work by retitling
and restating the employment agreement. All previous Agreements and Amendments
were superseded by the provisions of the Updated Employment Agreement.

2.4

The Updated Employment Agreement became the controlling employment agreement.

2.5

Employee wishes to continue to serve as the City Attorney, and Arvada wishes to
retain Employee as the City Attorney.

2.6

Through this Amendment No. 1 to the Updated Employment Agreement
(“Amendment No. 1”), the Parties agree that Employee will continue to serve as the
City Attorney, and that Employee will receive a 3.1% increase to Employee’s base
salary.

AMENDMENT TO SECTION 6, COMPENSATION, OF THE UPDATED
EMPLOYMENT AGREEMENT.
3.1

Section 6.1 of the Updated Employment Agreement is amended as follows:

1

“6.1 Base salary. Arvada agrees to pay Employee an annual base salary of
$282,425.53 beginning on the effective date of this Agreement and payable in
installments at the same time other City employees are paid. Thereafter, the
Employee’s salary may be adjusted as set forth herein and at the discretion of the City
Council. Payments made are subject to such withholdings as may be required or
regulated by law, or that are authorized from time to time by Employee.”
4.0

EFFECTIVE DATE. This Amendment No. 1 shall be effective as of July 15, 2026.

5.0

FULL FORCE AND EFFECT. The remaining terms of the Updated Employment
Agreement shall remain unchanged, except as specifically amended herein. This
Amendment No. 1 shall not act as a waiver of any other term or condition of the
Updated Employment Agreement.

[SIGNATURES ON NEXT PAGE.]

2

DATED this ___________ day of __________________________, 2026.
CITY OF ARVADA, a Colorado home rule
municipal corporation
________________________________________
Lauren Simpson, Mayor
8101 Ralston Road
Arvada, CO 80002
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
Jessica Morales, Deputy City Attorney
By: _____________________________

EMPLOYEE
________________________________________
Rachel A. Morris

3

REPORT TO CITY COUNCIL
RESOLUTION
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
8.A.2.

DATE: September 1, 2026

SUBJECT: R26-065, A Resolution Approving Amendment No. 1 to the Updated Employment Agreement
between the City of Arvada and Kathryn C. Kurtz as Presiding Municipal Court Judge
Report in Brief
The City Council appointed Ms. Kurtz to the position of Presiding Municipal Court Judge in 2021. The City Council has
offered to continue Ms. Kurtz's appointment to the position of Presiding Municipal Court Judge. Ms. Kurtz has accepted her
continued appointment as Presiding Municipal Court Judge.
It is the practice of City Council to utilize employment agreements with Council appointees.
The Arvada team recommends that the City Council approve R26-065, Amendment No. 1 to the Updated Employment
Agreement between the City of Arvada and Kathryn C. Kurtz as Presiding Municipal Court Judge.

Financial Impact
The Agreement contains the terms and conditions of Ms. Kurtz’s employment. It provides an annual base salary of
$235,259.93. This is currently budgeted and will be paid for from the Municipal Court’s budget.

Background
Ms. Kurtz has been the Presiding Municipal Court Judge since 2021. On August 21, 2025, the Parties entered into an Updated
Employment Agreement for the continued appointment of Ms. Kurtz as the Presiding Municipal Court Judge. This Amendment
No 1. to the Updated Employment Agreement with Ms. Kurtz sets forth the understanding of the Parties as to her salary.

Discussion
Under the home rule Charter of the City of Arvada, the City Council has three appointees. One of them is the Municipal Court
Judge. The Charter requires that this position be filled. Recognizing that the Presiding Municipal Court Judge position is key to
ensuring that the operations of the Municipal Court are legally compliant and serve the interests of public safety, the City
Council has continued Ms. Kurtz's appointment to the position as the person most qualified to fulfill the duties. Approval of
Amendment No. 1 to the Updated Employment Agreement with Ms. Kurtz will ensure this position remains filled.

Public Contact
Posting of the City Council agenda.

Commission Recommendation
N/A

Strategic Alignment
The proposed action aligns with the following Implementation Principle within the Organizational and Service Effectiveness
Priority Area within the City Council Strategic Plan:

SUBJECT: R26-065, A Resolution Approving Amendment No. 1 to the Updated
Employment Agreement between the City of Arvada and Kathryn C. Kurtz as Presiding
Municipal Court Judge

PAGE: 2
ITEM: 8.A.2.

Adaptive and Resilient: The City of Arvada exemplifies resilience and adaptability through its commitment to financial
stewardship, fostering a high-performing workforce, and implementing adaptive practices that effectively respond to
dynamic environmental changes, ensuring sustainable progress and prosperity for its community.

Alternative Courses of Action
N/A

Recommendation for Action
The Arvada team recommends that the City Council approve R26-065, Amendment No. 1 to the Updated Employment
Agreement between the City of Arvada and Kathryn C. Kurtz as Presiding Municipal Court Judge.

Suggested Motion:
I move that R26-065, Amendment No. 1 to the Updated Employment Agreement between the City of Arvada and Kathryn C.
Kurtz as Presiding Municipal Court Judge, be (approved) (rejected).

Prepared by:
Toni Riebschlager, Law Office Administrator
Reviewed by:

Approved by:
Jessica Morales, Deputy City Attorney
Gabriella Bommer, Director of Human Resources
Bryan Archer, Chief Financial Officer
Rachel Morris, City Attorney
Don Wick, City Manager

08/11/2026
08/12/2026
08/12/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

RESOLUTION NO. R26-065
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE UPDATED
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARVADA AND KATHRYN
C. KURTZ AS PRESIDING MUNICIPAL COURT JUDGE
WHEREAS, on January 11, 2021, the City of Arvada and Kathryn C. Kurtz entered into an
Employment Agreement for the appointment of Ms. Kurtz as the Presiding Municipal Court
Judge; and
WHEREAS, on August 21, 2025, the Parties entered into an Updated Employment Agreement
for the appointment of Ms. Kurtz as the Presiding Municipal Court Judge; and
WHEREAS, the Parties wish to amend the Updated Employment Agreement through the
execution of Amendment No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARVADA, COLORADO:
Section 1. The Mayor or Mayor Pro Tem is authorized to sign, and the City Clerk to attest,
Amendment No. 1 to the Updated Employment Agreement between the City of Arvada and
Kathryn C. Kurtz as Presiding Municipal Court Judge. The form of which is substantially the
same as that attached hereto.
Section 2. This resolution shall be effective upon its approval by the City Council.
APPROVED AND ADOPTED this 1st day of September, 2026.

Lauren Simpson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By:

AMENDMENT NO. 1
TO THE UPDATED EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF ARVADA AND KATHRYN C. KURTZ AS
PRESIDING MUNICIPAL COURT JUDGE
1.0

PARTIES. The Parties to this Agreement are the City of Arvada, a Colorado home rule
municipal corporation (“Arvada” or “City”), and Kathryn C. Kurtz (“Employee”), collectively
the “Parties.”

2.0

PURPOSE AND RECITALS.

3.0

2.1

On January 11, 2021, effective January 4, 2021, Arvada and Employee entered into an
Employment Agreement (“Original Agreement”) for Employee’s appointment to the
position of Presiding Municipal Court Judge, as provided in section 8.2 of the Arvada
City Charter.

2.2

The Original Agreement was amended five times on the following dates: August 16,
2021, effective July 12, 2021; August 17, 2022, effective July 11, 2022; July 20, 2023,
effective July 11, 2023; August 6, 2024, effective July 11, 2024; and August 21, 2025,
effective July 11, 2025.

2.3

On August 21, 2025, effective July 11, 2025, the Parties entered into the Fifth
Amendment to the Original Agreement (“Fifth Amendment” or “Updated
Employment Agreement”). The Fifth Amendment formalized the Parties’
understanding relating to the terms and conditions of Employee’s work by retitling
and restating the employment agreement. All previous Agreements and Amendments
were superseded by the provisions of the Updated Employment Agreement.

2.4

The Updated Employment Agreement became the controlling employment agreement.

2.5

Employee wishes to continue to serve as the Presiding Municipal Court Judge, and
Arvada wishes to retain Employee as the Presiding Municipal Court Judge.

2.6

Through this Amendment No. 1 to the Updated Employment Agreement
(“Amendment No. 1”), the Parties agree that Employee will continue to serve as the
Presiding Municipal Court Judge, and that Employee will receive a 3.1% increase to
Employee’s base salary.

AMENDMENT TO SECTION 6, COMPENSATION, OF THE UPDATED
EMPLOYMENT AGREEMENT.
3.1

Section 6.1 of the Updated Employment Agreement is amended as follows:

1

“6.1
Base salary. Arvada agrees to pay Employee an annual base salary of
$235,259.93 beginning on the effective date of this Agreement and payable in
installments at the same time other City employees are paid. Thereafter, the Employee’s
salary may be adjusted as set forth herein and at the discretion of the City Council.
Payments made are subject to such withholdings as may be required or regulated by
law, or that are authorized from time to time by Employee.”
4.0

EFFECTIVE DATE. This Amendment No. 1 shall be effective as of July 15, 2026.

5.0

FULL FORCE AND EFFECT. The remaining terms of the Updated Employment
Agreement shall remain unchanged, except as specifically amended herein. This
Amendment No. 1 shall not act as a waiver of any other term or condition of the Updated
Employment Agreement.

[SIGNATURES ON NEXT PAGE.]

2

DATED this ___________ day of __________________________, 2026.
CITY OF ARVADA, a Colorado home rule
municipal corporation
________________________________________
Lauren Simpson, Mayor
8101 Ralston Road
Arvada, CO 80002
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By: _____________________________

EMPLOYEE
________________________________________
Kathryn C. Kurtz

3

REPORT TO CITY COUNCIL
RESOLUTION
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
8.A.3.

DATE: September 1, 2026

SUBJECT: R26-066, A Resolution Approving the First Amendment to an Employment Agreement Between
the City of Arvada and Don Wick as City Manager
Report in Brief
The City Council appointed Mr. Wick to the position of City Manager in 2025. The City Council has offered to continue Mr.
Wick's appointment to the position of City Manager. Mr. Wick has accepted his continued appointment as the City Manager.
It is the practice of City Council to utilize employment agreements with Council Appointees.
The Arvada team recommends that the City Council approve R26-066, A Resolution Approving the First Amendment to an
Employment Agreement Between the City of Arvada and Don Wick as City Manager.

Financial Impact
The Agreement contains the terms and conditions of Mr. Wick’s employment. It provides an annual base salary of
$326,400.00. This is currently budgeted and will be paid from the City Manager's budget.

Background
Mr. Wick has served as the City Manager since 2025. This First Amendment to the Employment Agreement with Mr. Wick
sets forth the understanding of the Parties as to his salary.

Discussion
Under the home rule Charter of the City of Arvada, the City Council has three appointees. One of them is the City Manager.
The Charter requires that this position be filled. Recognizing that the City Manager position is key to overseeing City
operations consistent with the City Council’s strategic plan, the City Council has continued Mr. Wick's appointment to the
position, as the person most qualified to fulfill the duties. Approval of this First Amendment to Mr. Wick’s Employment
Agreement will ensure this position remains filled.

Public Contact
Posting of the City Council agenda.

Commission Recommendation
N/A

Strategic Alignment
The proposed action aligns with the Organizational and Service Effectiveness (OSE) Priority Area of the City Council Strategic
Plan. The proposed action is consistent with the following OSE responsibility and service delivery obligation:
Provides leadership, policy and guidance, communication, and engagement services to the City Council, the community,

SUBJECT: R26-066, A Resolution Approving the First Amendment to an Employment
Agreement Between the City of Arvada and Don Wick as City Manager

PAGE: 2
ITEM: 8.A.3.

and the organization, utilizing a values-driven organizational culture, ethical behavior, and transparency to the community
to maintain public trust.

Alternative Courses of Action
N/A

Recommendation for Action
The Arvada team recommends that the City Council approve R26-066, A Resolution Approving the First Amendment to an
Employment Agreement Between the City of Arvada and Don Wick as City Manager.

Suggested Motion:
I move that R26-066, A Resolution Approving the First Amendment to an Employment Agreement Between the City of
Arvada and Don Wick as City Manager, be (approved) (rejected).

Prepared by:
Toni Riebschlager, Law Office Administrator
Reviewed by:

Approved by:
Jessica Morales, Deputy City Attorney
Gabriella Bommer, Director of Human Resources
Bryan Archer, Chief Financial Officer
Rachel Morris, City Attorney
Linda Haley, Deputy City Manager
Don Wick, City Manager

08/11/2026
08/12/2026
08/12/2026
08/13/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

RESOLUTION NO. R26-066
A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF ARVADA AND
DON WICK AS CITY MANAGER
WHEREAS, on May 21, 2025, the City of Arvada and Don Wick entered into an Employment
Agreement for the appointment of Mr. Wick as the City Manager; and
WHEREAS, the Parties wish to amend the Employment Agreement by executing the First
Amendment thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARVADA, COLORADO:
Section 1. The Mayor or Mayor Pro Tem is authorized to sign, and the City Clerk to attest, the
First Amendment to the Employment Agreement between the City of Arvada and Don Wick
as City Manager. The form of which is substantially the same as that attached hereto.
Section 2. This resolution shall be effective upon its approval by the City Council.
APPROVED AND ADOPTED this 1st day of September, 2026.

Lauren Simpson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By:

FIRST AMENDMENT
TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF ARVADA AND DON WICK AS CITY MANAGER
1.0

PARTIES. The Parties to this Agreement are the City of Arvada, a Colorado home rule
municipal corporation (“Arvada” or “City”), and Don Wick (“Employee”), collectively the
“Parties.”

2.0

PURPOSE AND RECITALS.

3.0

2.1

On May 21, 2025, effective May 17, 2025, Arvada and Employee entered into an
Employment Agreement (“Original Agreement”) for Employee’s appointment to the
position of City Manager as provided in Chapter 6 of the Arvada City Charter.

2.2

Employee wishes to continue to serve as the City Manager, and Arvada wishes to
retain Employee as the City Manager.

2.3

Through this First Amendment to the Original Agreement (“First Amendment”), the
Parties agree that Employee will continue to serve as the City Manager, and that
Employee will receive a 2% increase to Employee’s base salary.

AMENDMENT TO SECTION 6, COMPENSATION, OF THE ORIGINAL
AGREEMENT.
3.1

Section 6.1 of the Original Agreement is amended as follows:
“6.1 Base salary. Arvada agrees to pay Employee an annual base salary of
$326,400.00 beginning on the effective date of this Agreement and payable in
installments at the same time other City employees are paid. Thereafter, the
Employee’s salary may be adjusted as set forth herein and at the discretion of the City
Council. Payments made are subject to such withholdings as may be required or
regulated by law, or that are authorized from time to time by Employee.”

4.0

EFFECTIVE DATE. This First Amendment shall be effective as of July 15, 2026.

5.0

FULL FORCE AND EFFECT. The remaining terms of the Original Agreement shall
remain unchanged, except as specifically amended herein. This First Amendment shall
not act as a waiver of any other term or condition of the Original Agreement.
[SIGNATURES ON NEXT PAGE.]

1

DATED this ___________ day of __________________________, 2026.
CITY OF ARVADA, a Colorado home rule
municipal corporation
________________________________________
Lauren Simpson, Mayor
8101 Ralston Road
Arvada, CO 80002
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By: _____________________________

EMPLOYEE
________________________________________
Don Wick

2

REPORT TO CITY COUNCIL
RESOLUTION
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
8.A.4.

DATE: September 1, 2026

SUBJECT: R26-067, A Resolution Approving an Intergovernmental Agreement by and Between the City of
Arvada and the Arvada Urban Renewal Authority to Grant Arvada an Amount Not to Exceed $300,000.00 to
Create a Wildfire Early Detection System
Report in Brief
PRESENTER: Brian Wilkerson, Emergency Manager
Significant wildfires have increased in prevalence, severity, and damage caused over the past 2 decades. The recently
completed Arvada Community Wildfire Protection Plan (CWPP) identified more than 25 significant fires in the Arvada area of
interest alone in the past 15 years, with several within or in the vicinity of the Northwest Arvada Urban Renewal Area. This
increased risk has led to a significant improvement in technology associated with the detection of fire activity and prevention of
fire spread. The focus of these technologies is to provide early warning of potential wildfires before they would typically be
identified and reported through traditional means (i.e. someone observing smoke or flames and calling 911), allowing for more
rapid response and containment and thus minimizing the impact on people and property. The proposed project deploys a
combination of cameras and chemical sensors to protect the Urban Renewal Area, which was identified as a risk area in the
CWPP process. The combination of these two technologies provides an optimized level of protection for the area. The funds
provided by the AURA grant that is subject to this IGA fully funds all costs inclusive of all hardware, software, and installation
services required to complete the system as well as 2 years of service and maintenance costs. The City’s Emergency
Management Office would be responsible for the ongoing monitoring and usage of the system in cooperation with the Arvada
Fire Protection District and the Arvada Real Time Information Center (ARTIC) managed by Arvada Police.
The Arvada team recommends that the City Council approve R26-067, A Resolution Approving an Intergovernmental
Agreement by and Between the City of Arvada and the Arvada Urban Renewal Authority to Grant Arvada an Amount Not to
Exceed $300,000.00 to Create a Wildfire Early Detection System.

Financial Impact
This agreement provides funding to the City for the creation of a Wildfire Early Warning System with an anticipated cost of
$292,000. The installation and services associated with this system will be fully funded by the Arvada Urban Renewal
Authority grant that is the subject of this IGA. Services for the first 2 years of operation would also be funded by this grant.
Beginning in 2029, if the City continues with the system, the estimated annual cost would be $75,000-$90,000. These funds
would be requested from the general fund as part of the Emergency Management budget.

Background
Significant wildfires have increased in prevalence, severity, and damage caused over the past 2 decades. The recently
completed Arvada Community Wildfire Protection Plan (CWPP) identified more than 25 significant fires in the Arvada area of
interest alone in the past 15 years, with several within or in the vicinity of the Northwest Arvada Urban Renewal Area. In 2026,
the City has experienced multiple vegetation fires in this area or immediately adjacent to it. While these fires were fortunately
contained before damaging any homes, it highlights the growing risk. This increased risk has led to a significant improvement
in technology associated with the detection of fire activity and prevention of fire spread. The focus of these technologies is to
provide early warning of potential wildfires before they would typically be identified and reported through traditional means
(i.e. someone observing smoke or flames and calling 911), allowing for more rapid response and containment and thus

SUBJECT: R26-067, A Resolution Approving an Intergovernmental Agreement by and
Between the City of Arvada and the Arvada Urban Renewal Authority to Grant Arvada an
Amount Not to Exceed $300,000.00 to Create a Wildfire Early Detection System

PAGE: 2
ITEM: 8.A.4.

minimizing the impact on people and property. Current practice points to the combination of cameras that visually detect
wildfire indicators coupled with chemical sensors that can detect the presence of chemicals present in wildfire over long
distances as being effective for early detection. The effectiveness of these tools is further enhanced using Artificial Intelligence.
These tools are currently in use in other parts of Colorado and across the US in high-risk wildfire areas. The proposed project
deploys a combination of cameras and chemical sensors to protect the Urban Renewal Area, which was identified as a risk area
in the CWPP process which Council has previously approved. Working with the Arvada Fire Protection District and leveraging
information gathered and analyzed by 3rdparty experts through the Community Wildfire Protection process, we worked with
technology vendors to design an early warning system that would provide effective long-range detection of wildfire activity
that could impact the area. Cameras would be placed to the east and the south of the area and would be focused on the risk
areas to the west and north. These would be coupled with a line of sensors in the northern part of the area that are optimized for
protecting the area. It is important to provide detection capabilities in the areas adjacent to the Urban Renewal Area in order to
best protect the area itself and provide adequate response times to prevent fire spread and subsequent damage to the area. The
combination of these two technologies provides an optimized level of protection for the area. In addition, the installation of the
cameras links us in to a broader network of cameras in the area owned by Xcel and other government entities. The funds
provided by the grant that is subject to this IGA fully funds all costs inclusive of all hardware, software, and installation
services required to complete the system as well as 2 years of service and maintenance costs. The sensors would be installed on
existing fences and infrastructure in the area and are powered by solar panels that charge and recharge internal batteries. The
cameras are installed on sites owned and/or leased by the provider.
In the May 12, 2026, City Council Workshop entitled Wildfire Mitigation & Response Strategies, Arvada Emergency
Management and the Arvada Fire Protection District presented a multi-faceted strategy for preventing, detecting, and
responding to the threat of wildfire in the City, and this IGA helps us significantly advance the detection and response
components of that strategy in an area known to be at risk. Targeted deployment time would be before the end of this calendar
year. The City’s Emergency Management Office would be responsible for the ongoing monitoring and usage of the system in
cooperation with the Arvada Fire Protection District and the Arvada Real Time Information Center (ARTIC) managed by
Arvada Police, which Council has previously been briefed on. These partners all play a role in ensuring protection for the area
from wildfire.

Discussion
After extensive analysis conducted by City of Arvada Emergency Management and the Arvada Fire Protection District, staff
recommends approval of this IGA and the implementation of the Wildfire Early Warning System. The system will provide
significantly enhanced detection and response capabilities to address one of the most potentially devastating threats that the
City faces, and reduce the risk to life and property in an area that has been identified as being at risk by outside experts in the
Community Wildfire Protection Plan process. After examining results from pilot programs and implementations in Colorado,
technical analysis by 3rd parties, reviews by government agencies, and performance of existing installations, staff has not found
an alternative that is likely to be more effective for the particular threat and geography of the area. The capability will be fully
funded for the first 2 years by the grant from AURA.

Public Contact
Posting of the City Council agenda

Commission Recommendation
None

Strategic Alignment
Approving this IGA will further City Council's strategic result of fostering an accessible and inclusive community that
preserves and improves quality of life and ensures a safe and thriving place for all community members by providing early
warning of dangerous fire conditions and fire starts and improve the City's ability to respond effectively to these fires.

SUBJECT: R26-067, A Resolution Approving an Intergovernmental Agreement by and
Between the City of Arvada and the Arvada Urban Renewal Authority to Grant Arvada an
Amount Not to Exceed $300,000.00 to Create a Wildfire Early Detection System

PAGE: 3
ITEM: 8.A.4.

Alternative Courses of Action
Recommendation for Action
The Arvada team recommends that the City Council approve R26-067, A Resolution Approving an Intergovernmental
Agreement by and Between the City of Arvada and the Arvada Urban Renewal Authority to Grant Arvada an Amount Not to
Exceed $300,000.00 to Create a Wildfire Early Detection System.

Suggested Motion:
I move that R26-067, A Resolution Approving An Intergovernmental Agreement by and Between the City of Arvada and the
Arvada Urban Renewal Authority to Grant Arvada an Amount Not to Exceed $300,000.00 to Create a Wildfire Early Detection
System, be (approved) (rejected).

Prepared by:
Gail Walker, Legal Specialist-Contracts
Reviewed by:

Approved by:
Brian Wilkerson, Emergency Manager
Zachary Woolweaver, Assistant City Attorney I
Rachel Morris, City Attorney
Allison Scheck, Deputy City Manager
Linda Haley, Deputy City Manager
Don Wick, City Manager

08/12/2026
08/13/2026
08/14/2026
08/14/2026
08/15/2026
08/18/2026

Enclosure, exhibits & attachments required to support the report

RESOLUTION NO. R26-067
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE CITY OF ARVADA AND THE ARVADA URBAN RENEWAL AUTHORITY
TO GRANT ARVADA AN AMOUNT NOT TO EXCEED $300,000.00 TO CREATE A
WILDFIRE EARLY DETECTION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO:
Section 1. The Mayor or Mayor Pro Tem is authorized to sign and the City Clerk to attest, in form
approved by the City Attorney, an Agreement that is in substantially the same form as that attached
hereto.
Section 2. This resolution shall be effective upon its approval by the City Council.
APPROVED AND ADOPTED this 1st day of September, 2026.

Lauren Simpson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By:

RESOLUTION AR-26-14

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ARVADA URBAN
RENEWAL AUTHORITY APPROVING AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEENTHE CITY OF ARVADA AND THE ARVADA URBAN
RENEWAL AUTHORITY TO GRANT ARVADA AN AMOUNT NOT TO EXCEED
$292,000.00 TO CREATE A WILDFIRE EARLY DETECTION SYSTEM

WHEREAS,the Arvada Urban Renewal Authority (AURA)and the City of Arvada
(City) desire to enter into a project to install AI enabled cameras and chemical sensors in a highrisk fire area within the City of Arvada to monitorthe area for signs of wildfire outbreak so that
Arvada and external partners can respond as quickly as possible before spreading beyond control
(the “System’’);
WHEREAS,the City Council adopted the Northwest Arvada Urban RenewalPlan in
2010, which Plan includes someof the areas ofthe City that are intended to be protected by the
System;

WHEREAS, AURA hasdetermined that the Project is necessary in order to prevent
blight, and is consistent with and in furtherance of the purposes of AURA;

WHEREAS, morespecifically, AURA is authorized to finance undertakings pursuantto an
urban renewal plan by any method authorized underthe Act or any other applicable law,including,
withoutlimitation, issuance of notes, bonds and other obligations in an amountsufficient to
financeall or part of the Plan; borrowing of funds and creation of indebtedness; advancementof

reimbursement agreements; agreements with public or private entities; and loans, advances and
grants from any other available sources;
WHEREAS, AURA’s authority to fund and participate in the Project specifically
includesthe authority to eliminate, remedy, and prevent the spreadofblighted areas, and the
experiencein the State of Colorado regarding wildfires and the monitoring of high-risk areas to
preventwildfires is consistent with the Urban Renewal Law; and
WHEREAS,Section 29-1-203, C.R.S., as amended, permits and encourages local

governments to make the mostefficient and effective use of their powers and responsibilities by
cooperating and contracting with other local governments in order to provide any lawfully
authorized function, service, or facility.

NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE ARVADA URBAN RENEWAL AUTHORITY, THAT:
Section 1.

Therecitals set forth above are incorporated herein by this reference.

AURA hereby approvesthe Intergovernmental Agreement by and between
Section 2.
the Arvada Urban Renewal Authority to Grant Arvada an Amountnotto
and
the City of Arvada
Exceed $292,000.00 to Create a Wildfire Early Detection System, attached hereto as Exhibit A,
and authorizes the Chair to execute the same on behalf of AURA.

7/30/2026

DATEDthis © day of Ave

.ie
Ran

(\

Peter Kazura, Chair |

Recording Secretary
APPROVED AS TO FORM

2
7/30/2026
S:\AURAMAIN\4 - BOARD INFORMATION\MEETINGS\PACKETS\_2026 PACKETS\08-05-2026\AR-26-14 WILDFIRE IGA
RESOLUTION.DOCX

AN INTERGOVERNMENTAL AGREEMENTBY AND BETWEEN
THE CITY OF ARVADA AND THE ARVADA URBAN RENEWAL
AUTHORITY TO GRANT ARVADA AN AMOUNT NOT TO EXCEED
$300,000.00 TO CREATE A WILDFIRE EARLY DETECTION SYSTEM.
1.0

PARTIES. This Intergovernmental Agreement (“Agreement”) is between
the City of Arvada, a Colorado home rule municipal corporation,
(“Arvada”), and the Arvada Urban Renewal Authority, a body corporate and
politic of the State of Colorado (“AURA”).

2.0

RECITALS AND PURPOSE.
2.1

Section 29-1-203, C.R.S., as amended, permits and encourages local

governments to make the mostefficient and effective use of their powers
and responsibilities by cooperating and contracting with other local
governmentsin order to provide any lawfully authorized function, service
or facility;
2.2

This project will install AI enabled cameras and chemical sensors in a
high-risk fire area within the City of Arvada to monitor the area for signs
of wildfire outbreak so that Arvada and external partners can respond as
quickly as possible before spreading beyond control(the “System”);

2.3

The City Council adopted the Northwest Arvada Urban RenewalPlan in
2010, which Plan includes some ofthe areas of the City that are intended
to be protected by the System;

2.4

AURA will provide $292,000.00 to fund the purchase of the cameras and
sensors and pay for project managementservices to ensure the System is
always operational in a mannerthat remediates and prevents the spread of
blight consistent with this Agreement and the purposes of the Colorado
Urban Renewal Law, C.R.S.°§ 31-25-101, et seq. (the “Urban Renewal
Law”), as described hereinbelow;

2.5

2.6

The System will be beneficial to the City of Arvada, AURA, and the

community as a whole by continuously monitoring the selected high firerisk area to ensure that response is immediate and effective;

AURA has determined that the Project is necessary in order to prevent
blight, and is consistent with and in furtherance of the purposes of AURA;

2.7

Pursuant to the Urban Renewal Law, AURA may finance undertakings
pursuant to an urban renewal plan by any method authorized under the Act
or any other applicable law, including, without limitation, issuance of
notes, bonds and other obligations in an amountsufficient to financeall or
part of the Plan; borrowing of funds and creation of indebtedness;
advancement of reimbursement agreements; agreements with public or

private entities; and loans, advances and grants from any other available
sources; and

2.8

AURA’s authority to fund and participate in the Project specifically
includes the authority to eliminate, remedy, and prevent the spread of
blighted areas, and the experience in the State of Colorado regarding
wildfires and the monitoring of high-risk areas to prevent wildfires is
consistent with the Urban Renewal Law.

3.0

TERM. This Agreement shall be effective upon its execution by Arvada,
through July 31, 2028.

4.0

ROLES AND RESPONSIBILITIES.

5.0

4.1

AURA. To provide $292,000.00 to fund the installation of the System in
the area depicted in Exhibit A to this Agreement, with payment to be
paid by AURA to the City on or before September 5, 2026. In addition,
the City shall provide the design of the Project to AURA for AURA's
approval, in order to assure that the Project remediates blight as set forth
herein. In the event the Project costs are less than $292,000.00, the City
shall return any unused funds to AURA at the completion of the Project.

4.2

Arvada. The City’s Emergency Management Department will manage
and lead the design andinstallation of the System. In addition, the City
will be responsible for the use and monitoring of the System. In the event
that the System requires routine maintenance during the term of this
Agreement, the City may use the Funds to perform such maintenance.
Following the conclusion of this Agreement, the City will be solely
responsible for the costs associated with any such maintenance unless the
Parties agree otherwise in Writing.

TERMS AND CONDITIONS.
5.1

Generally.

5.1.1

No separate entity formed. The Parties agree this Agreementis
intended to facilitate cooperation between the Parties in the
provision of the services provided herein, but does not establish a
separate legal entity to do so. Except as set forth herein, this
Agreement does not authorize any Party to act for another Party
for any purpose whatsoever. This Agreement shall provide only
that the Parties cooperate in the establishment and implementation
of the Wildfire Early Warning System asset forth herein.

5.1.2

Records are public. All records relating to the project will be
public or open records, and will be released in accordance with
the Colorado Open RecordsAct.

6.0

ADDITIONAL DOCUMENTSOR ACTION. The Parties agree to take any
additional action and execute any additional documents that are necessary to
carry out this Agreement.

7.0

ASSIGNMENT.This Agreement may not be assigned by any Party without the
prior written consent of the other Party.

8.0

FORCE MAJEURE. Anydelays in or failure of performance by any Party of
its obligations under this Agreement will be excused if such delays or failure are
a result of acts of God,fires, floods, strikes, labor disputes, accidents, regulations

or orders of civil or military authorities, shortages of labor or materials, or other
causes, similar or dissimilar, which are beyond the control and such Party.

9.0

BINDING EFFECT.

This Agreement will inure to the benefit of, and be

binding upon, the Parties, their respective legal representative, successors, heirs,

and assigns; provided, however, that nothing in this paragraph may be construed
to permit the assignment of this Agreement except as otherwise expressly
authorized herein.
10.0

NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be given by certified mail or registered mail, postage and fees
prepaid, to the address set forth below, or at such other address as has been
previously furnished in writing, to the other Party. Such notice shall be deemed
to have been given when deposited in the United States mail.
Arvada:

Brian Wilkerson
Emergency Management

City of Arvada
8101 Ralston Road
Arvada, Colorado 80002
AURA:

Carrie Briscoe
Executive Director

Arvada Urban Renewal Authority
5603 Yukon Street, Suite B
Arvada, Colorado 80002

With a copyto:

Corey Y. Hoffmann
Attorney for AURA
Hoffmann, Parker, Wilson, & Carberry P.C.
511 Sixteenth Street, Suite 610
Denver, CO 80202

Each Party may designate another employee to be responsible for the day-to-day
administration of this Agreement.

11.0

INTEGRATION AND AMENDMENT.This Agreementrepresents the entire
agreement between the Parties and there are no oral or collateral agreements or
understandings. This Agreement may be amendedonly byan instrumentin
writing signed by the Parties. If any other provision of the Agreementis held
invalid or unenforceable, no other provision shall be affected by such holding, and
all of the remaining provisions of this Agreementshall continue in full force and
effect.

12.0

WAIVER OF BREACH. A waiverby any Party to the Agreement of the breach
of any term or provision of this Agreementshall not operate or be construed as a
waiver of any subsequent breach by another Party.

13.0

GOVERNING LAW AND VENUE. This Agreement will be governed by the
laws of the State of Colorado. Venuefor any action arising under this Agreement
or for the enforcement of this Agreementwill be in the appropriate court for
Jefferson County, Colorado.

14.0

NO MULTI-YEAR FISCAL OBLIGATION. Arvada’s and AURA’s financial
obligations, if any, after the current year are contingent on funds for that purpose
being appropriated, budgeted and otherwise made available by the governing
body of either Party. Arvada’s and AURA’s obligations under the Agreement
shall be from year to year only and shall not constitute a multiple-fiscal year
direct or indirect debt or other financial obligation within the meaning of Article
X, Section 20 of the Colorado Constitution.

15.0

GOVERNMENTAL IMMUNITY. Each Party shall be responsible for its own
negligent or intentional acts or omissions, and for those of its employees and
volunteers. The Parties intend that nothing herein shall be deemedor construed as
a waiver by any Party of any rights or protections afforded to them under the
Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seqg.). The
Parties agree that in the event any claim or suit is brought against any Party or
Parties by any third party as a result of the operation of this Agreement, each
Party will cooperate with each other and with the insuring entities of each Party in
defending such claim orsuit.

16.0

DEFAULT.Timeis of the essence. If any payment or any other condition,
obligation, or duty is not timely made, tendered or performed by any Party, then
this Agreement, at the option of a Party whois not in default, may be terminated
by the non-defaulting Party, in which case, the non-defaulting Party may recover
such damages as may be proper. If a non-defaulting Party elects to treat this
Agreement as being in full force and effect, that non-defaulting Party will have
the right to an action for specific performance or damageor both.

17.0

NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights of

action relating to such enforcement, shall be strictly reserved to the Parties, and
nothing contained in this Agreementshall give or allow any such claim orright of
action to any other third party on this Agreement. It is the express intention of the
Parties that any person or entity other than the Parties receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary
only.
18.0

AMENDMENT. Either party mayseek to amend this Agreement including the
Work Plan and budget by providing a written request detailing the terms of the
requested amendment. Both Arvada and AURA must approve any amendmentfor
the amendmentto take effect.

19.0

AUTHORIZED SIGNATORIES.Each signatory below represents he or she is
authorized to bind the Party he or she represents; each Party is relying uponthis
representation.

20.0

COUNTERPART EXECUTION. This Agreement may be executed in several
counterparts and by facsimile, each of which shall be deemedanoriginal, andall
of which together shall constitute one and the same instrument.
The rest ofthis page is intentionally blank.

CITY OF ARVADA,a Colorado municipal
corporation

Lauren Simpson
Mayor

8101 Ralston Road
Arvada, Colorado 80002

ATTEST:
By:

City Clerk

APPROVEDAS TO FORM:

By:

Rachel A. Morris, City Attorney

A URBAN

RENEWAL AUTHORITY

Peter Kazura, AURA
5603 Yukon Street, Suite B
Arvada, Colorado 80002

ATTEST:

0 Pe
Bx_Y¥

U/
APPROVED AS TO FORM:
4

Corey Yi | offmann!
yiney for AURA
Hoffman, Parker, WHson, & Carberry P.C.
511 Six Genth Street, Suite 610
Denver, CO 80202

REPORT TO CITY COUNCIL
RESOLUTION
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
10.A.

DATE: September 1, 2026

SUBJECT: R26-068, A Resolution Approving the Proposed Service Plan for the Scenic Heights West
Metropolitan District
Report in Brief
(PRESENTERS: Megan McCall/Rob Smetana/Rozalynne Thompson/Bryan Archer)
The purpose of this agenda item is to consider the proposed Service Plan for the Scenic Heights West Metropolitan District. A
Service Plan has been reviewed by staff and changes made by the applicant related to that review. The proposed Service Plan
was prepared in accordance with Chapter 91 of the Arvada City Code and the Model Service Plan. Requested deviations from
the Model Service Plan are noted in the staff report. A copy of the proposed Service Plan is attached.
A District is an independent unit of local government, separate and distinct from the City, and except as may otherwise be
provided for by State or local law or its Service Plan, its activities are subject to review by the City only insofar as they may
deviate in a material manner from the requirements of its Service Plan. It is intended that a District will provide part or all of
the public improvements for the use and benefit of all anticipated inhabitants and taxpayers of the District.
The City's objective in approving the Service Plan for the Districts is (among other things) to ensure that the cost burden of
infrastructure in newly developed areas is placed upon those benefiting from such infrastructure improvements and to authorize
the Districts to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the
Public Improvements from the proceeds of Debt to be issued by the Districts.
The City team recommends that should City Council determine that the deviations from the Model Service Plan be appropriate
for the district, that the City Council approve R26-068, A Resolution Approving the Proposed Service Plan for the Scenic
Heights West Metropolitan District.

Financial Impact
If the City Council approves the service plan, then the City would receive revenue from a one-time regional improvements
lump sum payment totaling $250,000, in lieu of revenue from imposing the Arvada regional improvements mill levy.

Background
The property is approximately 6.83 acres in size and was annexed into the City with the Parcel A Unilateral Annexation in
1979. The property's Comprehensive Plan land use designation is Medium Density Residential (MDR) and the zoning is
Residential 13 (R13).
A Development Application (DA2021-0049) was approved on May 6, 2022 for a Site Plan and Minor Subdivision to construct
50 townhomes and 27 single-unit detached dwellings on the site. A Site Plan Amendment (DA2023-0095) to the previously
approved Scenic Heights West Site Plan was approved on April 5, 2024. The Site Plan Amendment included increasing the
widths of the townhomes, changes to landscape courtyards between townhome buildings, and a reduction of off-street parking
by two spaces.

Discussion

SUBJECT: R26-068, A Resolution Approving the Proposed Service Plan for the Scenic
Heights West Metropolitan District

PAGE: 2
ITEM: 10.A.

Section 91-2 of the Arvada Municipal Code establishes the following legislative declaration:
(a) The city council recognizes that the general assembly has adopted legislation for the organization of title 32 districts to
facilitate the elimination of the overlapping of services provided by local governments and the double taxation that may occur
because of annexation or otherwise when all of the taxable property of a title 32 district lies within the boundaries of the city.
(b) The city council declares that the primary purpose of title 32 districts within the city shall be to fund the local and regional
public improvements and facilities necessary for the development of private property. Title 32 districts may provide for the
continued operation and maintenance of such improvements and facilities only as provided in their respective approved service
plans and intergovernmental agreements with the city.
(c) The city council, in furtherance of the best interests of the city and the preservation and protection of the health, safety,
prosperity, security, and general welfare of city residents declares its intent to:
(1) Prevent the activities of title 32 districts from impacting the city's ability to provide core services;
(2) Ensure that the cost burden of infrastructure in newly developed areas is placed upon those benefiting from such
infrastructure improvements;
(3) Prevent the shifting of development risk to non-developers;
(4) Minimize the likelihood of excessive tax and fee burdens upon city residents located within title 32 districts;
(5) Require facilities and services to be provided efficiently;
(6) Prevent the shifting of costs of title 32 districts to residents of the city who do not live within the geographic boundaries of a
title 32 district; and
(7) Permit the use of title 32 districts to serve only those residential, commercial, or industrial developments that will enhance
the quality of the entire community.
(d) The city council further declares that it recognizes that the formation of title 32 districts requires the city council to adopt
procedures for the orderly processing of proposals for the organization of these districts in order to protect the health, safety,
prosperity, security, and general welfare of city residents.

Public Contact
Notification of the Public Hearing was published August 6, 2026, as part of the Notice to the Public, (Section 91-30 of the
Arvada City Code), regarding the availability of the Service Plan for public review and examination

Commission Recommendation
N/A

Strategic Alignment
The project is consistent with the City Council Strategic Plan principles for the Community and Economic Development work
system.

Alternative Courses of Action
As set forth in Section 91-32 of the City Code, upon its review of the staff report presented by the department, the proposed
service plan, and any evidence presented at the public hearing, the City Council may:
1. Approve without condition or modification the proposed service plan;
2. Disapprove the proposed service plan; or
3. Conditionally approve the proposed service plan subject to the submission of additional information relating to, or the
modification of, the proposed service plan or by agreement with the proponents of the proposed service plan.

Recommendation for Action
The City team recommends that upon determination by City Council that the approval criteria is met, R26-068, A Resolution
Approving the Proposed Service Plan for the Scenic Heights West Metropolitan District, be approved subject to the

SUBJECT: R26-068, A Resolution Approving the Proposed Service Plan for the Scenic
Heights West Metropolitan District

PAGE: 3
ITEM: 10.A.

recommended condition of approval shown below:
1. The district shall comply with subsection 91-21(i) of the City Code regarding transparency requirements.

Suggested Motion:
I move that R26-068, A Resolution Approving the Proposed Service Plan for the Scenic Heights West Metropolitan District, be
(approved) (rejected) subject to the following recommended conditions of approval:
1. The district shall comply with subsection 91-21(i) of the City Code regarding transparency requirements.

Prepared by:
Heidi Van Gieson, Administrative Specialist
Reviewed by:

Approved by:
Rozalynne Thompson, Principal Planner
Josie Suk, Development Systems and Administrative Manager
Rob Smetana, Planning Manager
Jessica Garner, Director of Community and Economic Development
Bryan Archer, Chief Financial Officer
Gail Walker, Legal Specialist-Contracts
Megan McCall, Assistant City Attorney II
Rachel Morris, City Attorney
Allison Scheck, Deputy City Manager
Don Wick, City Manager
Enclosure, exhibits & attachments required to support the report

08/11/2026
08/11/2026
08/11/2026
08/11/2026
08/11/2026
08/12/2026
08/12/2026
08/13/2026
08/13/2026
08/28/2026

RESOLUTION NO. R26-068
A RESOLUTION APPROVING THE PROPOSED SERVICE PLAN FOR THE SCENIC
HEIGHTS WEST METROPOLITAN DISTRICT
WHEREAS, the City of Arvada, Colorado (“City”) is a home rule municipality, organized and
existing under Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to Article III of Chapter 91 of the Arvada City Code, a duly noticed public
hearing was held on September 1, 2026 before the City Council of the City of Arvada (“City
Council”) to consider a proposed Service Plan for the Scenic Heights West Metropolitan District
(“District”); and
WHEREAS, at such hearing, interested parties, as defined in Section 32-1-204, C.R.S., were
afforded an opportunity to address City Council and evidence was presented, and considered by
City Council, as to the relevant criteria concerning service plans as set forth in Chapter 91 of the
Arvada City Code and, as applicable, Sections 32-1-203, 32-1-204, and 32-1-204.5, C.R.S.; and
WHEREAS, City Council finds that the evidence presented established compliance with the
relevant criteria.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARVADA, COLORADO:
Section 1.
City Council does hereby determine that all of the applicable requirements of Title
32, Article 1, Part 2, C.R.S. and all of the requirements of Chapter 91 of the Arvada City Code
relating to the filing and review of a Service Plan for the proposed Scenic Heights West
Metropolitan District have been fulfilled and that the City Council has jurisdiction in this matter.
Section 2.

City Council does hereby find and determine:

(a)

There is sufficient existing and projected need for organized service in the area to
be serviced by the proposed District.

(b)

The existing service in the area to be served by the proposed District is inadequate
for present and projected needs.

(c)

The proposed District is capable of providing economical and sufficient service
to the area within its proposed boundaries.

(d)

The area to be included in the proposed District has, or will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis.

(e)

Adequate service is not, and will not, be available to the area through the City,
county, or other existing municipal or quasi-municipal corporations, including

existing title 32 districts, within a reasonable time or on a comparable basis.
(f)

The facility and service standards of the proposed District are compatible with the
facility and service standards of the City.

(g)

The proposed Service Plan is in compliance with any duly adopted City, regional,
or state long-range water quality management plan for the area.

(h)

The proposed Service Plan is in substantial compliance with the comprehensive
plan of the City as adopted pursuant to the Arvada City Code.

(i)

The creation of the District will be in the best interests of the area proposed to be
serviced.

(j)

The creation of the District will be in the best interest of the City.

Section 3.
The proposed District is expressly permitted to plan, design, acquire, construct,
install, relocate, and redevelop public improvements as set forth in its Service Plan, and in an
intergovernmental agreement by and between the City and the District, from the proceeds of debt
to be issued by the District for the benefit of the inhabitants within the District’s boundaries.
Section 4.
The Service Plan for the Scenic Heights West Metropolitan District is hereby
approved without condition or modification.
Section 5.

This resolution shall be effective upon its approval by the City Council.

APPROVED AND ADOPTED this 1st day of September, 2026.

Lauren Simpson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Rachel A. Morris, City Attorney
By:

City of Arvada
Community and Economic Development Department

PUBLIC HEARING STAFF REPORT
Scenic Heights West Metropolitan District Proposed Service Plan
DA2026-0026
NATURE OF REQUEST
WBA, P.C. is requesting on behalf of Kipling Investment, LLC approval of a service plan for a
proposed metropolitan district for the 6.87 acre Scenic Heights West development. The subject
property is located west of the intersection of Kipling Street and West 70th Place and 50
townhomes and 27 single-unit detached dwellings are planned to be constructed on the site.
City Council has recognized that “the general assembly has adopted legislation for the
organization of title 32 districts to facilitate the elimination of the overlapping of services
provided by local governments and the double taxation that may occur because of annexation
or otherwise when all of the taxable property of a title 32 district lies within the boundaries of the
City.” As such, the City has adopted an Ordinance establishing Chapter 91 of the City Code
which governs the creation of Special Districts in Arvada. A District is an independent unit of
local government, separate and distinct from the City, and except as may otherwise be provided
for by State or local law or its Service Plan, its activities are subject to review by the City only
insofar as they may deviate in a material matter from the requirements of its Service Plan. It is
intended that a District will provide a part or all of the public improvements for the use and
benefit of all anticipated inhabitants and taxpayers of the District.
The City’s objective in approving the Service Plan for the District is (among other things) to
ensure that the cost burden of infrastructure in newly developed areas is placed upon those
benefitting from such infrastructure improvements and to authorize the District to provide for the
planning, design, acquisition, construction, installation, relocation and redevelopment of the
Public Improvements from the proceeds of Debt to be issued by the District. All Debt is
expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill
Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy, and/or
repaid by Fees assessed for regional costs as limited by Section 91 of the City Code.
DISTRICT TERMS
The Applicant is requesting the following terms for this district:
1. Debt Term Length: 40 years unless a majority of the board are end users and have
voted in favor of a refunding of a part or all of the debt
2. Total Debt: $5,000,000

3. Debt Mill Levy: 55 mills*
4. Operating mill levy: 20 mills*
5. Regional Improvements Contribution: $250,000*
Terms marked with an asterisk are a deviation from the City’s model service plan and are
further discussed in the Service Plan Analysis section.
BACKGROUND, ZONING, AND LAND USE
The property is approximately 6.83 acres in size and was annexed into the City with the Parcel
A Unilateral Annexation in 1979. The property's Comprehensive Plan land use designation is
Medium Density Residential (MDR) and the zoning is Residential 13 (R13). Currently, the
project site is comprised of three separate properties, each developed with a single-unit dwelling
and several accessory buildings.
A Development Application (DA2021-0049) was approved on May 6, 2022 for a Site Plan and
Minor Subdivision to construct 50 townhomes and 27 single-unit detached dwellings on the site.
A Site Plan Amendment (DA2023-0095) to the previously approved Scenic Heights West Site
Plan was approved on April 5, 2024. The Site Plan Amendment included increasing the widths
of the townhomes, changes to landscape courtyards between townhome buildings, and a
reduction of off-street parking by two spaces.
NEEDED PUBLIC IMPROVEMENTS
The district will be authorized to provide the Public Improvements set forth in its Service Plan,
which include paying for the construction of West 70th Place and the extension of West 70th
Drive to Kipling Street, as well as installation of public utilities.
The district will also provide for a regional contribution toward regional improvements, as
described in Section 91-5 of the Municipal Code, in the one-time lump sum amount of
$250,000.00.

Excerpt from the Scenic Heights West Amendment 1 Site Plan:

LEGISLATIVE DECLARATION
Section 91-2 of the Arvada Municipal Code establishes the following legislative declaration:
(a)
The city council recognizes that the general assembly has adopted legislation for
the organization of title 32 districts to facilitate the elimination of the overlapping
of services provided by local governments and the double taxation that may
occur because of annexation or otherwise when all of the taxable property of a
title 32 district lies within the boundaries of the city.

(b)

The city council declares that the primary purpose of title 32 districts within the
city shall be to fund the local and regional public improvements and facilities
necessary for the development of private property. Title 32 districts may provide
for the continued operation and maintenance of such improvements and facilities
only as provided in their respective approved service plans and
intergovernmental agreements with the city.

(c)

The city council, in furtherance of the best interests of the city and the
preservation and protection of the health, safety, prosperity, security, and general
welfare of city residents declares its intent to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

(d)

Prevent the activities of title 32 districts from impacting the city's ability to
provide core services;
Ensure that the cost burden of infrastructure in newly developed areas is
placed upon those benefiting from such infrastructure improvements;
Prevent the shifting of development risk to non-developers;
Minimize the likelihood of excessive tax and fee burdens upon city
residents located within title 32 districts;
Require facilities and services to be provided efficiently;
Prevent the shifting of costs of title 32 districts to residents of the city who
do not live within the geographic boundaries of a title 32 district; and
Permit the use of title 32 districts to serve only those residential,
commercial, or industrial developments that will enhance the quality of the
entire community.

The city council further declares that it recognizes that the formation of title 32
districts requires the city council to adopt procedures for the orderly processing of
proposals for the organization of these districts in order to protect the health,
safety, prosperity, security, and general welfare of city residents.

DISTRICT PROPOSAL
The proposed Scenic Heights West Metropolitan District service plan states the following:
●

●

The proposed district totals approximately 7 acres of residential land and is generally
located west of Kipling Street, north of W. 69th Pl. and the Union Pacific Railroad, and
south of W. 71st Ave.
The primary purpose of the district is to provide for the planning, design, acquisition,
construction, installation, relocation and redevelopment of public improvements for the
use and benefit of all anticipated inhabitants and taxpayers of the district from the
proceeds of debt to be issued by the district. Ongoing operations and maintenance
services are only permitted to the extent set forth in the Service Plan for public
improvements that are not conveyed to the City and are owned, operated, and
maintained by the District.

●

●

●

●

●

All debt is expected to be repaid by taxes and fees. As the primary purpose of the district
is to provide public improvements within the district boundaries, the improvements will
be financed in part through developer advances or a series of tax exempt bonds, with a
term not to exceed 40 years, issued in a total amount not to exceed $5,000,000 and with
a maximum debt service mill levy of 55 mills, except for the portion of debt that is equal
to or less than 50% of the District’s assessed valuation in which an unlimited debt
service mill levy may be imposed.
Based on a preliminary engineering survey and estimates derived from the zoning of the
property within the proposed District’s boundaries, an estimate of the costs of the public
improvements which may be planned for, designed, acquired, constructed, installed,
relocated, redeveloped, maintained or financed is approximately $4,548,099.
The Service Plan also includes an operation and maintenance mill levy of 20 mill for
ongoing operation and maintenance costs. The District’s first year operating budget is
anticipated to be $50,000.
In lieu of imposing the Arvada Regional Improvements mill levy, the District proposes
making a one-time lump sum payment as a regional contribution in an amount not to
exceed $197,314.
Owners and homebuilders within the District are anticipated to provide written notice and
disclosures regarding the District to all purchasers of property within the District pursuant
to state law, section 38-35.7-110, C.R.S.

SERVICE PLAN ANALYSIS
The costs associated with the development of the Scenic Heights West project will be incurred
by the Developers and may be passed on to the future residents as need be, regardless of
whether or not a district is created.
Staff requested a number of non-substantive, technical changes to the service plan language
which the applicant has complied with and which are reflected in the redline version of the
service plan. The three substantive deviations from the City’s Model Service Plan are also
reflected in the redline version of the service plan. Except as indicated below, the Service Plan
substantively complies with the City’s Model Service Plan.
The applicant has requested three substantive deviations from the City’s Model Service Plan for
the proposed Service Plan. Pursuant to Section 91-20 (c) of the Arvada City Code, the applicant
must provide a detailed explanation regarding rationale and justification related to the requested
deviation. The applicant’s respective explanations are summarized below but may be found in
the response letters from the applicant to staff’s comments which are included in the meeting
packet.
1. Debt Mill Levy. The City’s Model Service Plan has a debt mill levy cap of 50 mills. The
proposed service plan requests a debt mill levy cap of 55 mills. The applicant has
provided an explanation that the mill levy of 55 mills is consistent with the mill levies
authorized for other metropolitan districts in Arvada. Staff is not aware of another service

plan that has been approved in Arvada with a 55 mill levy limit. The metropolitan districts
in Arvada have a maximum mill levy for debt service capped at 50 mills or below and are
authorized to make adjustments to their debt service mill levy which may result in the mill
levy exceeding the limit in the service plan because the method of calculating assessed
value has changed (usually by the Colorado State Legislature). The intent in allowing for
this adjustment is to be revenue neutral meaning districts that make such an adjustment
are getting the same amount of property tax revenue for the repayment of debt that they
would have received from the mill levy that was imposed within the district’s service plan
limit upon the initial issuance of the debt had the method of calculation not changed.
2. Operation and Maintenance Mill Levy. The City’s Model Service Plan has an operation
and maintenance mill levy of 10 mills. The proposed service plan requests an operation
and maintenance mill levy of 20 mills. The applicant has provided an explanation that
there is not an HOA proposed for the development so, instead of the District imposing an
O&M mill levy of 10 mills and an HOA imposing a fee, the applicant will impose a higher
O&M mill levy of 20 mills to fund owning, operating, and maintaining public
improvements that will not be dedicated to the City or another public entity.
3. Regional Contribution. The City’s Model Service Plan includes a requirement that
districts impose a regional improvements mill levy. Such a mill levy would be imposed as
follows:
1 mill beginning in the first year of imposition of a debt service mill levy, then 5 mills
beginning in the 21st year after the ARI mill levy is imposed through the date of
repayment of the district’s issued debt, and then for an additional 10 years a mill levy in
an amount equal to the average debt service mill levy imposed by the district in the 10
years prior to the repayment of the debt.
The Model Service Plan contemplates and Section 91-5 (c) of the Arvada City Code
provides that the city may, at its sole discretion, require a cash lump sum payment for
Arvada regional improvements in addition to, or as an alternative to, imposing an ARI
mill levy.
The proposed service plan requests that in lieu of imposing the ARI mill levy, the District
provides a one-time lump sum regional contributions payment in the amount of
$250,000.00. This amount represents 5% of the District’s total debt limitation
($5,000,000) and amounts to $3,247/unit. The applicant had previously proposed an
amount derived from a partial calculation of projections from the ARI mill levy but revised
the proposal to this amount upon staff’s request.

ACTION BY THE CITY COUNCIL
Section 91-32 of the City Code provides guidance for action by City Council as follows:

(a)

Generally. Upon its review of the report presented by the department, the
proposed service plan, and any evidence presented at the public hearing, the city
council may:
(1)
(2)
(3)

(b)

Mandatory disapproval. The city council shall disapprove the proposed service
plan unless evidence satisfactory to the city council of each of the following is
presented:
(1)
(2)
(3)
(4)

(c)

Approve without condition or modification the proposed service plan;
Disapprove the proposed service plan; or
Conditionally approve the proposed service plan subject to the
submission of additional information relating to, or the modification of, the
proposed service plan or by agreement with the proponents of the
proposed service plan.

There is sufficient existing and projected need for organized service in the
area to be serviced by the proposed title 32 district;
The existing service in the area to be served by the proposed title 32
district is inadequate for present and projected needs;
The proposed title 32 district is capable of providing economical and
sufficient service to the area within its proposed boundaries; and
The area to be included in the proposed title 32 district has, or will have,
the financial ability to discharge the proposed indebtedness on a
reasonable basis.

Discretionary disapproval. The city council may disapprove the proposed service
plan if evidence satisfactory to the city council of any one or more of the
following, at the discretion of such council, is not presented:
(1)

(2)
(3)
(4)
(5)
(6)

Adequate service is not, or will not be, available to the area through the
city, county, or other existing municipal or quasi-municipal corporations,
including existing title 32 districts, within a reasonable time and on a
comparable basis;
The facility and service standards of the proposed title 32 district are
compatible with the facility and service standards of the city;
The proposed service plan is in substantial compliance with the
comprehensive plan of the city as adopted pursuant to the code;
The proposed service plan is in compliance with any duly adopted city,
regional, or state long-range water quality management plan for the area;
The creation of the proposed title 32 district will be in the best interests of
the area proposed to be served; or
The creation of the proposed title 32 district will be in the best interests of
the city.

(d)

Conditional approval. The city council may conditionally approve the proposed
service plan upon satisfactory evidence that it does not comply with one or more
criteria enumerated in subsection (b) of this section. Final approval shall be
contingent upon modification of the proposed service plan to include such
changes or additional information as shall be specifically stated in the findings of
the city council.

(e)

Exclusion. The city council may exclude territory from a proposed title 32 district
prior to approval of the proposed service plan. The petitioner shall have the
burden of proving that the exclusion of such property is not in the best interests
of the proposed title 32 district. Any person owning property in the proposed title
32 district who requests his or her property be excluded from such district prior to
the approval of the proposed service plan shall submit such request to the city
council no later than ten days prior to the hearing held under section 91-31.
However, the city council shall not be limited in its action with respect to
exclusion of territory based upon such request. Any request for exclusion shall be
acted upon before final action of the city council.

(f)

Basis of decision. The findings of the city council shall be based solely upon the
proposed service plan, the report presented by the department, reports of the
city's counsel and consultants, and any evidence presented at the hearing by the
petitioners, city officials, and interested parties.

CONCLUSION
If City Council finds that any of the criteria set forth in Section 91-32 (b), and detailed in the
section above, is not met, City Council shall disapprove the service plan. If City Council finds
that any of discretionary criteria set forth in Section 91-32 (c), and detailed in the section above
is not met then City Council may disapprove the service plan.
Staff concludes that if City Council determines that the applicant’s requested deviations from the
City’s Model Service Plan are appropriate for this proposed district, then the criteria appears to
have been met.If City Council finds that the mandatory criteria is met and either finds that the
discretionary criteria is also met or that notwithstanding any discretionary criteria that is not met
the Service Plan should be approved, City Council shall approve the service plan. City Council
also may conditionally approve the service plan.
Should the City Council desire to approve the proposed Scenic Height West Metropolitan
District service plan without condition or modification, the approval should be based on the
attached resolution for approval along with the recommended condition of approval noted
below.
Recommended conditions of approval:

1. The district shall comply with subsection 91-21(i) of the Arvada City Code regarding
transparency requirements.

SERVICE PLAN
FOR
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
CITY OF ARVADA, COLORADO
Prepared
by
WBA, PC
2154 East Commons Avenue, Suite 2000
Centennial, CO 80122
Submitted: August 27, 2026

TABLE OF CONTENTS
TABLE OF CONTENTS

I

LIST OF EXHIBITS .................................................................................................................. III
ARTICLE I: INTRODUCTION ..................................................................................................... 1
A.
Purpose and Intent. ......................................................................................................... 1
B.
Need for the District. ...................................................................................................... 1
C.
Objective of the City Regarding District’s Service Plan. ............................................... 1
ARTICLE II: DEFINITIONS ......................................................................................................... 2
ARTICLE III: BOUNDARIES ....................................................................................................... 6
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION ................................................................................................................................. 6
ARTICLE V: DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND
SERVICES...................................................................................................................................... 6
A.
Powers of the District and Service Plan Amendment. .................................................... 6
B.
Operations and Maintenance Limitation......................................................................... 6
C.
Fire Protection Limitation. .............................................................................................. 7
D.
Television Relay and Translation Limitation. ................................................................ 7
E.
Telecommunication Facilities. ........................................................................................ 8
F.
Golf Course Construction Limitation. ............................................................................ 8
G.
Zoning and Land Use Requirements .............................................................................. 8
H.
Growth Limitations ......................................................................................................... 8
I.
Construction Standards Limitation. ................................................................................ 8
J.
Eminent Domain Limitation. .......................................................................................... 8
K.
Privately Placed Debt Limitation. ................................................................................... 8
L.
Inclusion and Exclusion Limitation. ............................................................................... 9
M.
Overlap Limitation.......................................................................................................... 9
N.
Initial Debt Limitation. ................................................................................................... 9
O.
Total Debt Issuance Limitation....................................................................................... 9
P.
Fee Limitation. .............................................................................................................. 10
Q.
Public Improvement Fees. ............................................................................................ 10
R.
Special Assessments. .................................................................................................... 10
S.
Moneys from Other Governmental or Non-Profit Sources. ......................................... 10
T.
Consolidation Limitation. ............................................................................................. 10
U.
Bankruptcy Limitation. ................................................................................................. 10
V.
Revenue Bond Limitation. ............................................................................................ 11
W.
Service Plan Amendment Requirement. ....................................................................... 11
X.
Preliminary Engineering Survey. .................................................................................. 12

i

ARTICLE VI: REGIONAL IMPROVEMENTS ......................................................................... 12
ARTICLE VII: FINANCIAL PLAN ............................................................................................ 13
A.
General. ......................................................................................................................... 13
B.
Maximum Voted Interest Rate and Maximum Underwriting Discount. ...................... 13
C.
Maximum Debt Mill Levy. ........................................................................................... 13
D.
Maximum Debt Mill Levy Imposition Term. ............................................................... 14
E.
Debt Repayment Sources. ............................................................................................. 14
F.
Debt Instrument Disclosure Requirement..................................................................... 15
G.
Security for Debt. .......................................................................................................... 15
H.
TABOR Compliance..................................................................................................... 15
I.
District’s Operating Costs. ............................................................................................ 15
J.
Subdistricts.................................................................................................................... 16
ARTICLE VIII: ANNUAL REPORT .......................................................................................... 16
A.
General. ......................................................................................................................... 16
B.
Standard Reporting Requirements of Significant Events. ............................................ 16
C.
Additional Reporting Requirements. ............................................................................ 18
ARTICLE IX: TRANSPARENCY............................................................................................... 18
A.
Standard Reporting Requirements. The website shall include the following: ............. 18
ARTICLE X: DISSOLUTION ..................................................................................................... 19
ARTICLE XI: REQUIRED DISCLOSURES .............................................................................. 19
ARTICLE XII: INTERGOVERNMENTAL AGREEMENT ...................................................... 19
ARTICLE XIII: AMENDMENT REQUIREMENT .................................................................... 20
ARTICLE XIV: CONCLUSION .................................................................................................. 20

ii

LIST OF EXHIBITS
EXHIBIT A

Legal Descriptions

EXHIBIT B

Arvada Vicinity Map

EXHIBIT C

Initial District Boundary Map

EXHIBIT D

Intergovernmental Agreement between the District and City

EXHIBIT E

Model Notice

EXHIBIT F

Financial Plan

iii

ARTICLE I: INTRODUCTION
A. Purpose and Intent.
The District is an independent unit of local government, separate and distinct from the City,
and, except as may otherwise be provided for by State or local law or this Service Plan, its activities
are subject to review by the City only insofar as they may deviate in a material matter from the
requirements of the Service Plan. It is intended that the District will provide a part or all of the
Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the
District. The primary purpose of the District will be to finance the construction of these Public
Improvements.
The District is not being created to provide ongoing operations and maintenance services
other than as specifically set forth in this Service Plan.
B. Need for the District.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the District that consider it desirable, feasible or practical to undertake the
planning, design, acquisition, construction, installation, relocation, redevelopment, and financing
of the Public Improvements needed for the Project. Formation of the District is therefore necessary
in order for the Public Improvements required for the Project to be provided in the most economic
manner possible.
C. Objective of the City Regarding District’s Service Plan.
The City’s objective in approving the Service Plan for the District is to authorize the
District to provide for the planning, design, acquisition, construction, installation, relocation and
redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District.
All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum
Debt Mill Levy Imposition Term for residential properties and at a tax mill levy no higher than the
Maximum Debt Mill Levy for all properties, and/or repaid by Public Improvement Fees, Special
Assessments and/or Fees, as long as such Fees are not imposed upon or collected from property
owned or occupied by an End User for the purpose of creating a capital cost payment obligation
as further described in Section V.P. Debt which is issued within these parameters and, as further
described in the Financial Plan, will insulate property owners from excessive tax and Fee burdens
to support the servicing of the Debt and will result in a timely and reasonable discharge of the
Debt.
This Service Plan is intended to establish a limited purpose for the District and explicit
financial constraints that are not to be violated under any circumstances. The primary purpose is
to provide for the Public Improvements associated with development and regional needs.
Operational activities are allowed, but only through an intergovernmental agreement with the City.
The District shall dissolve upon payment or defeasance of all Debt incurred or upon a court
determination that adequate provision has been made for the payment of all Debt, except that if
the District has ongoing operation and maintenance functions authorized under an
intergovernmental agreement with the City, the District shall not be required to dissolve but shall
retain only the power necessary to impose and collect the Operation and Maintenance Mill Levy,

Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance
Costs. Additionally, if the Board of Directors of the District determines that the existence of the
District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board
of Directors of the District shall promptly effectuate the dissolution of the District.
It is the intent of the District to dissolve upon payment or defeasance of all Debt incurred
or upon a court determination that adequate provision has been made for the payment of all Debt.
The District shall be authorized to finance the Public Improvements that can be funded
from Debt to be repaid from Fees or from tax revenues collected from a mill levy which shall not
exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy
Imposition Term on residential properties. It is the intent of this Service Plan to assure to the
extent possible that no property bear an economic burden that is greater than that associated with
the Maximum Debt Mill Levy in amount and that no property developed for a residential use bear
an economic burden that is greater than that associated with the Maximum Debt Mill Levy
Imposition Term in duration even under bankruptcy or other unusual situations. Generally, the
cost of Public Improvements that cannot be funded within these parameters are not costs to be paid
by the District. With regard to Regional Improvements, this Service Plan also provides for the
District to pay a portion of the cost of regional infrastructure as part of ensuring that development
and those that benefit from development pay for the associated costs.
ARTICLE II: DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless
the context hereof clearly requires otherwise:
Annual Report: means the annual report required to be submitted to the City pursuant to Article
VIII below.
Approved Development Plan: means a Final Development Plan or other process established by
the City for identifying, among other things, Public Improvements necessary for facilitating
development for property within the Service Area as approved by the City pursuant to the City
Code and as amended pursuant to the City Code from time to time.
ARI or Regional Improvements: means Arvada Regional Improvements, as further defined in the
City Code.
ARI or Regional Improvements Mill Levy: means the following:
A. For districts with property within their boundaries developed with any residential uses
means the mill levy imposed for payment of the costs of the planning, design, permitting,
construction, acquisition and financing of the regional improvements (i) shall be one (1) mill for
collection beginning for each district in the first year of collection of a debt service mill levy by
such district and continuing in each year thereafter through the twentieth (20th) year; and (ii) shall
be five (5) mills from the twenty-first (21st) year through the date of repayment of the debt incurred
for Public Improvements, other than Regional Improvements; and (iii) for an additional ten (10)
years, the mill levy shall be equal to the average debt service mill levy imposed by such district in

2

the ten (10) years prior to the date of repayment of the debt incurred for Public Improvements other
than Regional Improvements; and
B. For districts with property within their boundaries developed solely for commercial uses
means the mill levy imposed for payment of the costs of the planning, design, permitting,
construction, acquisition and financing of the improvements which (i) shall be one (1) mill for
collection beginning for each district in the first year of collection of a debt service mill levy by
such district and continuing in each year thereafter through the twentieth (20th) year; (ii) shall be
one and one-half (1.5) mills from the twenty-first (21st) year through the date of repayment of debt
incurred for Public Improvements, other than Regional Improvements; and (iii) for five (5) years
thereafter, the mill levy shall be the lesser of twenty (20) mills or a mill levy equal to the average
debt service mill levy imposed by such district in the ten (10) years prior to the date of repayment
of debt issued for Public Improvements, other than Regional Improvements; and
C. Any district may, pursuant to any intergovernmental agreement with the City, extend the
term for application of the ARI Mill Levy beyond the years set forth in A and B above. The
Maximum Mill Levy Imposition Term shall include the terms set forth in A and B above and any
extension of the term as approved in an intergovernmental agreement as described herein.
D. All mills described in this ARI Mill Levy definition shall be subject to adjustment as
follows: On or after the January 1 following the date of approval of this Service Plan, if there are
changes in the method of calculating assessed valuation or any constitutionally mandated tax
credit, cut or abatement; the ARI Mill Levy described above may be increased or decreased to
reflect such changes, such increases or decreases to be determined by the Board in good faith (such
determination to be binding and final) so that to the extent possible, the actual tax revenues
generated by the mill levy, as adjusted for changes occurring after the January 1 following the date
of approval of this Service Plan, are neither diminished nor enhanced as a result of such changes,
for purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a
change in the method of calculating assessed valuation.
E. The City may, at its sole discretion, require a cash lump sum payment for Regional
Improvements as an alternative to imposing an ARI mill levy.
Board: means the board of directors of the District.
Bond, Bonds or Debt: means bonds or other obligations (i) for the payment of which the District
has promised to impose an ad valorem property tax mill levy; (ii) for the payment of which the
District has promised to impose and collect Fees; or (iii) to which the District has pledged any of
its revenues.
City: means the City of Arvada, Colorado.
City Code: means the City Code of the City of Arvada, Colorado.
City Council: means the City Council of the City of Arvada, Colorado.
District: means Scenic Heights West Metropolitan District.

3

End User: means any owner, or tenant of any owner, of any taxable improvement within the
District who is intended to become burdened by the imposition of ad valorem property taxes
subject to the Maximum Debt Mill Levy. By way of illustration, a resident homeowner, renter,
commercial property owner, or commercial tenant is an End User. The business entity that
constructs homes or commercial structures within the District with the intention of selling to others
is not an End User.
External Fee Advisor: means a consultant that: (i) advises Colorado governmental entities on
matters relating to the imposition of Fees by Colorado governmental entities, including matters
such as the rates and structures of such Fees; and (ii) is not an officer or employee of the District
and has not been otherwise engaged to provide services in connection with a transaction related to
the issuance of Debt payable from such Fees.
External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities
on matters relating to the issuance of securities by Colorado governmental entities, including
matters such as the pricing, sales and marketing of such securities and the procuring of bond
ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter,
investment banker, or individual listed as a public finance advisor in the Bond Buyer’s Municipal
Market Place; and (iii) is not an officer or employee of the District and has not been otherwise
engaged to provide services in connection with the transaction related to the applicable Debt.
Fee(s): means any fee imposed by the District for services, programs or facilities provided by the
District, as described in Section V.P. below.
Final Development Plan: means a site plan or final development plan or other process established
by the City for identifying, among other things, Public Improvements necessary for facilitating
development for property within the District’s Service Area as approved by the City pursuant to
the City Code and as amended pursuant to the City Code from time to time.
Financial Plan: means the Financial Plan of the District attached hereto as Exhibit F and described
in Article VII which describes (i) how the Public Improvements are to be financed; (ii) how the
Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property
taxes for the first budget year.
Initial District Boundaries: means the boundaries of the area described in the Initial District
Boundary Map.
Initial District Boundary Map: means the map attached hereto as Exhibit C, describing the
District’s initial boundaries.
Intergovernmental Agreement: means the intergovernmental agreement between the District and
the City, a form of which is attached hereto as Exhibit D. The Intergovernmental Agreement may
be amended from time to time by the District and the City.
Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for
payment of Debt, exclusive of the Operation and Maintenance Mill Levy, as set forth in Section
VII.C below.

4

Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a mill
levy on a particular property developed for residential uses as set forth in Section VII.D below.
Operation and Maintenance Costs: means (1) the costs of ongoing administrative, accounting, and
legal services to the District; and (2) the costs of any programming or services provided by the
District; and (3) any ongoing operation and maintenance costs or the costs of repair, replacement,
and depreciation of the Public Improvements. Operation and Maintenance Costs shall not include
any ongoing operation and maintenance costs or the costs of repair, replacement, and depreciation
of Public Improvements dedicated to the City unless provided for in an intergovernmental
agreement with the City.
Operation and Maintenance Mill Levy: means the mill levy the District is permitted to impose for
the payment of the District’s Operation and Maintenance Costs, as set forth in Section V.B below.
Project: means the development or property commonly referred to as Scenic Heights West.
Property: means real or personal property within the Service Area subject to ad valorem taxes
imposed by the District.
Public Improvements: means a part or all of the improvements authorized to be planned, designed,
acquired, constructed, installed, relocated, redeveloped and financed as generally described in the
Special District Act, except as specifically limited in Section V below to serve the future taxpayers
and inhabitants of the Service Area as determined by the Board of the District.
Public Improvement Fee: means revenue received by the District from a public improvement fee
on taxable retail sales transactions occurring within the District, or similar fee imposed by the
owner of property in the District on similar transactions.
Regional Improvements: means Public Improvements and facilities that benefit the Service Area
and which are to be financed pursuant to Section VI below.
Service Area: means the property within the Initial District Boundary Map.
Service Plan: means this service plan for the District approved by City Council.
Service Plan Amendment: means an amendment to the Service Plan approved by City Council in
accordance with the City’s ordinance and the applicable state law.
Special Assessment: means the levy of an assessment within the boundaries of a special
improvement district pursuant to Section V.R.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes, as
amended from time to time.
State: means the State of Colorado.

5

ARTICLE III: BOUNDARIES
The area of the Initial District Boundaries includes approximately seven (7) acres. A legal
description of the Initial District Boundaries is attached hereto as Exhibit A. A vicinity map is
attached hereto as Exhibit B. A map of the Initial District Boundaries is attached hereto as Exhibit
C. It is anticipated that the District’s boundaries may change from time to time as it undergoes
inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et
seq., C.R.S., subject to the limitations set forth in Article V below.
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION
The Service Area consists of approximately seven (7) acres of land. The current assessed
valuation of the Service Area is $0.00 for purposes of this Service Plan and, at build out, is
expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The
population of the District at build-out is estimated to be approximately one-hundred ninety-two
(192) people (based on 2.5 persons per residential unit and 77 residential units).
Approval of this Service Plan by the City does not imply approval of the development of a
specific area within the District, nor does it imply approval of the number of residential units or
the total site/floor area of commercial or industrial buildings identified in this Service Plan or any
of the exhibits attached thereto, unless the same is contained within an Approved Development
Plan.
Approval of this Service Plan by the City in no way releases or relieves the developer of
the Project, or the landowner or any sub-divider of the Project property, or any of their respective
successors or assigns, of obligations to construct public improvements for the Project or of
obligations to provide to the City such financial guarantees as may be required by the City to ensure
the completion of the Public Improvements, or of any other obligations to the City under the City
Code or any applicable annexation agreement, subdivision agreement, or other agreements
affecting the Project property or development thereof.
ARTICLE V: DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND
SERVICES
A. Powers of the District and Service Plan Amendment. The District shall have the power
and authority to provide the Public Improvements and related operation and maintenance services
within and without the boundaries of the District as such power and authority is described in the
Special District Act, and other applicable statutes, common law and the Constitution, subject to
the limitations set forth herein.
B.
Operations and Maintenance Limitation. The purpose of the District is to plan for,
design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The
District shall dedicate the Public Improvements to the City or other appropriate jurisdiction or
owners association in a manner consistent with the Approved Development Plan and other rules
and regulations of the City and applicable provisions of the City Code. If set forth in an
intergovernmental agreement with the City, the District shall be authorized to own, operate and
6

maintain Public Improvements not otherwise required to be dedicated to the City or other public
entity, including, but not limited to street improvements (including roads, curbs, gutters, culverts,
sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street
improvements), traffic and safety controls, retaining walls, park and recreation improvements and
facilities, trails, open space, landscaping, drainage improvements (including detention and
retention ponds, trickle channels, and other drainage facilities), irrigation system improvements
(including wells, pumps, storage facilities, and distribution facilities), and all necessary equipment
and appurtenances incident thereto. Any Fee imposed by the District for access to such park and
recreation improvements shall not result in residents of the City who do not reside in any of the
District paying a user fee that is grossly disproportionate to similar Fees paid by residents of the
District based on pro rata use of such park and recreation improvements. However, the District
shall be entitled to impose an administrative Fee as necessary to cover additional expenses
associated with residents of the City who do not reside in the District to ensure that such costs are
not the responsibility of District residents. All such Fees shall be based upon the District’s
determination that such Fees do not exceed reasonable annual market fees for users of such
facilities. Notwithstanding the foregoing, all parks and trails owned by the District shall be open
to the general public and residents of the City who do not reside in any of the District free of
charge, subject to the rules and regulations of the District as adopted from time to time. Trails
which are interconnected with a city or regional trail system shall be open to the public free of
charge and on the same basis as residents and owners of Property within the District.
In the event that the District imposes a mill levy for operation and maintenance
purposes, such mill levy shall not exceed 20.000 mills (the “Operation and Maintenance
Mill Levy”); provided, however, that if, on or after date of adoption of this Service Plan,
there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut, or abatement, the Operation and Maintenance Mill Levy may be
increased or decreased to reflect such changes, such increases and decreases to be
determined by the Board in good faith (such determination to be binding and final) so that
to the extent possible, the actual tax revenues generated by the Operation and Maintenance
Mill Levy, as so adjusted, are neither diminished nor enhanced as a result of such changes.
For the purposes of the foregoing, a change in the ratio of actual valuations shall be deemed
a change in the method of calculating assessed valuation.
C.
Fire Protection Limitation. The District shall not be authorized to plan for, design,
acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities
or services, unless such facilities and services are provided pursuant to an intergovernmental
agreement with the appropriate fire district. The authority to plan for, design, acquire, construct,
install, relocate, redevelop or finance fire hydrants and related improvements installed as part of
the water system shall not be limited by this provision.
D.
Television Relay and Translation Limitation. The District shall not be authorized
to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain
television relay and translation facilities and services, other than for the installation of conduit as
a part of a street construction project, unless such facilities and services are provided pursuant to
an intergovernmental agreement with the City.

7

E.
Telecommunication Facilities. The District agrees that no telecommunication
facilities shall be constructed except pursuant to an intergovernmental agreement with the City
and that no such facilities owned, operated or otherwise allowed by the District shall affect the
ability of the City to expand its telecommunication facilities or impair existing telecommunication
facilities.
F.
Golf Course Construction Limitation. Acknowledging that the City has financed
public golf courses and desires to coordinate the construction of public golf courses in the City’s
boundaries, the District shall not be authorized to plan, design, acquire, construct, install, relocate,
redevelop, finance, operate or maintain a golf course unless such activity is pursuant to an
intergovernmental agreement with the City.
G.
Zoning and Land Use Requirements. The District shall be subject to all of the
City’s zoning, subdivision, building code and other land use requirements.
H.
Growth Limitations. The City shall not be limited in implementing City Council
or voter approved growth limitations, even though such actions may reduce or delay development
within the District and the realization of District revenue.
I.
Construction Standards Limitation. The District will ensure that the Public
Improvements are designed and constructed in accordance with the standards and specifications
of the City and of other governmental entities having proper jurisdiction. The District will obtain
the City’s approval of civil engineering plans and will obtain applicable permits for construction
and installation of Public Improvements prior to performing such work.
J.
Eminent Domain Limitation. The District shall be authorized to utilize the power
of eminent domain only with the consent of the City and in accordance with the Intergovernmental
Agreement. In the event the limit on the District’s ability to exercise the power of eminent domain
inhibits the District’s ability to issue Debt, or will cause the interest on any Debt issued by the
District to be included in gross income for federal income tax purposes, and the District shall have
obtained the written opinion of bond counsel with respect to the foregoing, the limit set forth herein
or in the Intergovernmental Agreement on the District’s ability to exercise the power of eminent
domain shall be of no further force or effect and shall be retroactive to the date of the organization
of the District if the avoidance of the interest on Debt being included in gross income for federal
income tax purposes as described in this paragraph so necessitates.
K.
Privately Placed Debt Limitation. Prior to the issuance of any privately placed debt,
the District shall obtain and provide the City with the certification of an External Financial Advisor
substantially as follows:
We are [I am] External Financial Advisor within the meaning of the District’s
Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined in
Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt]
does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using
criteria deemed appropriate by us [me] and based upon our [my] analysis of

8

comparable high yield securities; and (2) the structure of [insert designation of the
Debt], including maturities and early redemption provisions, is reasonable
considering the financial circumstances of the District.
For purposes of this Section, “privately placed debt” includes any debt or annually
appropriated obligation that is sold to a private entity, including financial institutions, developers,
or other private entities, and which no offering document related to such sale is required. “Privately
placed debt” does not include the sale of Debt to an underwriter who purchases Debt from the
District with a view to the distribution to investors of Debt.
In no event shall Debt that is privately placed with a developer or owner of the property to
be benefitted with Public Improvements or annually appropriated obligation privately placed with
a developer or owner of the property to be benefitted with Public Improvements bear interest at a
rate that accrues at a compounding rate. Each instrument evidencing Debt or an annually
appropriated obligation that is privately placed with a developer or owner of the property to be
benefitted with Public Improvements shall provide that the District’s obligations thereunder shall
be discharged 40 years after the date that such obligation is issued regardless of whether such
obligation is paid in full.
L.
Inclusion and Exclusion Limitation. The District shall not include within any of
their boundaries any property outside the Service Area without the prior written consent of the
City, which consent shall be evidenced by resolution. The District shall provide the City with
notice of any inclusion of property within the boundaries of the Service Area. The District shall
not exclude any property from its boundaries without the prior consent of the City Council, which
consent shall be evidenced by resolution. The District shall not exclude from its boundaries
property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such
property into another district that has been or will be formed under the Special District Act, without
the prior written consent of the City, which consent shall be evidenced by resolution.
M.
Overlap Limitation. The boundaries of the District shall not overlap with the
boundaries of another district organized under the Special District Act without the prior consent
of the City as evidenced by a resolution of the City Council. Additionally, the District shall not
consent to the organization of any other district organized under the Special District Act within
the Service Area which will overlap the boundaries of the District.
N.
Initial Debt Limitation. On or before the effective date of approval by the City of
an Approved Development Plan, the District shall not: (a) issue any Debt; or (b) impose a mill
levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund
to the Debt service funds; or (c) impose and collect any Fees used for the purpose of repayment of
Debt.
O.
Total Debt Issuance Limitation. The District shall not issue Debt in the total
aggregate principal amount in excess of $5,000,000 (including the aggregate principal amount of
Debt issued for Regional Improvements). The District shall only issue Debt with repayment terms
within 40 years of the issue date of such Debt. Such total debt issuance limitation shall not be
applicable to Debt issued to refund existing Debt unless the aggregate principal amount of the Debt

9

issued for refunding purposes exceeds the aggregate principal amount of Debt to be refunded, in
which case the difference shall be counted against this limitation.
P.
Fee Limitation. The District may impose and collect Fees as a source of revenue
for repayment of Debt, capital costs, and/or for operations and maintenance. Prior to the
imposition of any Fee or any amendment to increase the rate or amount of any Fee, the District
shall provide the City with the certification of an External Fee Advisor substantially as follows:
We are [I am] External Fee Advisor within the meaning of the District’s Service
Plan.
We [I] certify that the [insert the designation of the Fee] to be imposed by the
District at [insert rate or amount of Fee] does not exceed a reasonable current rate,
using criteria deemed appropriate by us [me] and based upon our [my] analysis of
Fees imposed for similar purposes; and (2) the structure of [insert the designation
of the Fee], including the relative burden shared by the property and persons upon
which the Fee is imposed in relation to the benefit received by such property and
persons, is reasonable considering the financial circumstances of the District and
similar Fees imposed for similar purposes.
No Fee related to the funding of costs of a capital nature shall be authorized to be
imposed upon or collected from property owned or occupied by an End User which has the
effect, intentional or otherwise, of creating a capital cost payment obligation in any year
on any property owned or occupied by an End User.
Q.
Public Improvement Fees. With the prior written consent of the City, the District
may impose and collect and receive revenue from a Public Improvement Fee on taxable retail sales
transactions within the applicable District’s boundaries.
R.
Special Assessments. With the prior written consent of the City, the District may
establish one or more special improvement districts within the applicable District’s boundaries and
may levy a Special Assessment within the special improvement district in order to finance all or
part of the costs of any Public Improvements to be constructed or installed that the District is
authorized to finance.
S.
Moneys from Other Governmental or Non-Profit Sources. The District shall not
apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds
available from or through governmental or non-profit entities that the City is eligible to apply for,
except pursuant to an intergovernmental agreement with the City. This Section shall not apply to
specific ownership taxes which shall be distributed to and a revenue source for the District without
any limitation.
T.
Consolidation Limitation. The District shall not file a request with any court to
consolidate with another Title 32 district without the prior written consent of the City.
U.
Bankruptcy Limitation. All of the limitations contained in this Service Plan,
including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt

10

Mill Levy Imposition Term and the Fees have been established under the authority of the City to
approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly
intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of competent
jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law, included in the
“political or governmental powers” reserved to the State under the U.S.
Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the
“regulatory or electoral approval necessary under applicable nonbankruptcy
law” as required for confirmation of a Chapter 9 Bankruptcy Plan under
Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds
the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition
Term, shall be deemed a material modification of this Service Plan pursuant
to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt
unless and until such material modification has been approved by the City
as part of a Service Plan Amendment.
V.
Revenue Bond Limitation. The District shall not issue revenue bonds, except as set
forth in this Section. At least 63 days prior to issuing any revenue bonds, the District must provide
notice of its intent to issue revenue bonds to the City Attorney. At least 35 days prior to issuing
any revenue bonds, the District must submit all relevant details of such issuance to the City
Attorney, including the proposed documents pursuant to which such revenue bonds will be issued.
On or before the date of issuance of any revenue bonds, the District must provide the City Attorney
with a letter dated the day of issuance prepared by the District’s bond counsel to the effect that the
issuance of the revenue bonds complies with the provisions of this Service Plan, the City Code and
applicable State law.
W.
Service Plan Amendment Requirement. This Service Plan is general in nature and
does not include specific detail in some instances because development plans have not been
finalized. The Service Plan has been designed with sufficient flexibility to enable the District to
provide required Public Improvements under evolving circumstances without the need for
numerous amendments. Modification of the general types of services and facilities making up the
Public Improvements, and changes in proposed configurations, locations or dimensions of the
Public Improvements shall be permitted to accommodate development needs consistent with the
then-current Approved Development Plan(s) for the Project, subject to the limitations of this
Service Plan and the Intergovernmental Agreement.
The District is an independent unit of local government, separate and distinct from
the City, and its activities are subject to review by the City only insofar as they may deviate
in a material manner from the requirements of the Service Plan, the City Code, or the
Intergovernmental Agreement. As such, any action of the District which: (1) violates the
limitations set forth in this Article V; (2) constitutes a material modification under the City
Code; or (3) constitutes a failure to comply with the Intergovernmental Agreement or other

11

agreement with the City, which non-compliance has not been waived in writing by the City,
shall be deemed to be a material modification to this Service Plan and the City shall be
entitled to all remedies available under State and local law to enjoin such action(s) of the
District.
Any City approval requirements contained in this Service Plan (including, without
limitation, any provisions requiring that a change, request, occurrence, act or omission be treated
as a Service Plan Amendment or be deemed a “material modification” of the Service Plan) shall
remain in full force and effect, and, unless otherwise provided by resolution of the City Council,
such City approval shall continue to be required, notwithstanding any future change in law
modifying or repealing any statutory provision concerning service plans, amendments thereof or
modifications thereto.
X. Preliminary Engineering Survey. The District shall have authority to provide for the
planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance,
and financing of the Public Improvements within and without the boundaries of the District, to be
more specifically defined in an Approved Development Plan. An estimate of the costs of the
Public Improvements which may be planned for, designed, acquired, constructed, installed,
relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering
survey and estimates derived from the zoning on the property in the Service Area and is
approximately $4,548,099.
All of the Public Improvements will be designed and constructed in such a way as to assure
that the Public Improvements’ standards will be compatible with those of the City and shall be in
accordance with the requirements of the Approved Development Plan. Failure to observe the
requirements established in this Section shall constitute a material modification pursuant to Section
32-1-207, C.R.S. and shall entitle the City to all remedies available at law and in equity.
All construction cost estimates are based on the assumption that construction conforms to
applicable local, State or Federal requirements.
ARTICLE VI: REGIONAL IMPROVEMENTS
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment and a contribution to the funding of the
Regional Improvements and fund the administration and overhead costs related to the provisions
of the Regional Improvements.
As an alternative to imposing the ARI Mill Levy, the District agrees to fund no more than
$250,000 (the “Regional Contribution”), toward Regional Improvements associated with the
impacts to the City of the development within the District as more particularly set forth in an
intergovernmental agreement between the District and the City for Regional Improvements.

12

ARTICLE VII: FINANCIAL PLAN
A. General.
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Public Improvements from its
revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan
for the District shall be to issue such Debt as the District can reasonably pay within the Maximum
Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and
other legally available revenues. The total Debt that the District shall be permitted to issue shall
not exceed $5,000,000 (including the aggregate principal amount of Debt issued for Regional
Improvements) and shall be permitted to be issued on a schedule and in such year or years as the
District determines shall meet the needs of the Financial Plan referenced above and phased to serve
development as it occurs. All bonds and other Debt issued by the District may be payable from
any and all legally available revenues of the District, including general ad valorem taxes and Fees
to be imposed upon all Property within the District. The District will also rely upon various other
revenue sources authorized by law. These will include the power to assess Fees, rates, tolls,
penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time.
At least 63 days prior to issuing any Debt, the District must provide notice of its intent to issue
Debt to the City Attorney. At least 35 days prior to issuing any Debt, the District must submit all
relevant details of such issuance to the City Attorney, including the proposed documents pursuant
to which such Debt will be issued. On or before the date of issuance of any Debt, the District must
provide the City Attorney with a letter dated the day of issuance of such Debt prepared by the
District’s bond counsel to the effect that the issuance of the Debt complies with the provisions of
this Service Plan, the City Code and applicable State law.
B. Maximum Voted Interest Rate and Maximum Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt is issued.
The Maximum Voted Interest Rate on any Debt shall not exceed eighteen percent (18%). The
Maximum Underwriting Discount shall not exceed five percent (5%). Debt, when issued, will
comply with all relevant requirements of this Service Plan, State law and Federal law as then
applicable to the issuance of public securities.
C. Maximum Debt Mill Levy.
The “Maximum Debt Mill Levy” shall be the maximum mill levy the District is permitted
to impose upon the taxable property within the District for payment of Debt, exclusive of the
Operation and Maintenance Mill Levy, and shall be determined as follows:
1.
For the portion of any aggregate Debt which exceeds fifty percent (50%) of the
District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall
be fifty-five (55) mills less the number of mills necessary to pay unlimited mill levy Debt
described in Section VII.C.2 below; provided that if, on or after the date of adoption of
this Service Plan, there are changes in the method of calculating assessed valuation or
any constitutionally mandated tax credit, cut or abatement; the mill levy limitation
applicable to such Debt may be increased or decreased to reflect such changes, such

13

increases or decreases to be determined by the Board in good faith (such determination to
be binding and final) so that to the extent possible, the actual tax revenues generated by
the mill levy, as adjusted for changes occurring after the date of adoption of this Service
Plan, are neither diminished nor enhanced as a result of such changes. For purposes of
the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in
the method of calculating assessed valuation.
2.
For the portion of any aggregate Debt of the District which is equal to or less than
fifty percent (50%) of the District’s assessed valuation, either on the date of issuance or at
any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be
subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such
amount as is necessary to pay the Debt service on such Debt, without limitation of rate.
3.
For purposes of the foregoing, once Debt has been determined to be within
Section VII.C.2 above, so that the District is entitled to pledge to its payment an
unlimited ad valorem mill levy, the District may provide that such Debt shall remain
secured by such unlimited mill levy, notwithstanding any subsequent change in the
District’s Debt to assessed ratio. All Debt issued by the District must be issued in
compliance with the requirements of Section 32-1-1101, C.R.S. and all other
requirements of State law.
To the extent that the District is composed of or subsequently organized into one
or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” as
used herein shall be deemed to refer to the District and to each such subdistrict separately,
so that each of the subdistricts shall be treated as a separate, independent district for
purposes of the application of this definition. No subdistrict may be organized without the
prior consent of the City.
D. Maximum Debt Mill Levy Imposition Term.
The District shall not impose a levy for repayment of any and all Debt (or use the proceeds
of any mill levy for repayment of Debt) on any single property developed for residential uses which
exceeds forty (40) years after the year of the initial imposition of such mill levy unless (I) a
majority of the Board are End Users and (II) have voted in favor of a refunding of a part or all of
the Debt. Any amount of principal and/or accrued interest that remains unpaid upon the expiration
of the Maximum Debt Mill Levy Imposition Term shall be deemed to be forever discharged (the
“Termination Date”) regardless of the amount of principal and interest paid prior to the
Termination Date.
E. Debt Repayment Sources.
The District may impose a mill levy on Property within its boundaries as a primary source
of revenue for repayment of debt service. The District may also rely upon various other revenue
sources authorized by law. At the District’s discretion, these may include the power to assess fees,
rates, tolls, penalties, or charges as provided in Section 32-1-1001(l), C.R.S., as amended from
time to time. In no event shall the debt service mill levy in the District exceed the Maximum Debt
Mill Levy or, for residential property within the District, the Maximum Debt Mill Levy Imposition

14

Term, except pursuant to an intergovernmental agreement between the District and the City for
Regional Improvements.
F. Debt Instrument Disclosure Requirement.
In the text of each Bond and any other instrument representing and constituting Debt, the
District shall set forth a statement in substantially the following form:
By acceptance of this instrument, the owner of this Bond agrees and consents to all of the
limitations in respect of the payment of the principal of and interest on this Bond contained herein,
in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for
creation of the District.
Similar language describing the limitations in respect of the payment of the principal of and
interest on Debt set forth in this Service Plan shall be included in any document used for the
offering of the Debt for sale to persons, including, but not limited to, a developer of property within
the boundaries of the District.
G. Security for Debt.
The District shall not pledge any property of the City as security for the Debt set
forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by
the City of payment of any of the District’s obligations; nor shall anything in the Service Plan be
construed so as to create any responsibility or liability on the part of the City in the event of default
by the District in the payment of any such obligation.
H. TABOR Compliance.
The District will comply with the provisions of TABOR. In the discretion of the
Board, the District may set up other qualifying entities to manage, fund, construct and operate
facilities, services, and programs. To the extent allowed by law, any entity created by the District
will remain under the control of the District’s Board.
I. District’s Operating Costs.
The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the District’s organization and initial
operations, are anticipated to be Fifty Thousand Dollars ($50,000), which will be eligible for
reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the District will require
operating funds for administration and to plan and cause the Public Improvements to be
constructed and maintained. The first year’s operating budget is estimated to be $50,000 which is
anticipated to be derived from property taxes and other revenues. The total mill levy imposed for
Operation and Maintenance Costs shall not exceed 20.000 mills (the “Operation and
Maintenance Mill Levy”) provided, however, that if, on or after date of adoption of this Service
Plan, there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut, or abatement, the Operation and Maintenance Mill Levy may be increased
15

or decreased to reflect such changes, such increases and decreases to be determined by the Board
in good faith (such determination to be binding and final) so that to the extent possible, the actual
tax revenues generated by the Operation and Maintenance Mill Levy, as so adjusted, are neither
diminished nor enhanced as a result of such changes. For the purposes of the foregoing, a change
in the ratio of actual valuations shall be deemed a change in the method of calculating assessed
valuation.
The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District’s
ability to increase its mill levy as necessary for provision of operation and maintenance services
to its taxpayers and service users. It is anticipated that the Developer will advance funds to the
District to pay its operating costs until such time as the District has sufficient revenue from its
Operation and Maintenance Mill Levy. The District shall be authorized to reimburse the
Developer for such advances with interest, provided, however interest shall accrue on such
amounts, as simple interest with no compounding at a rate no greater than eight percent (8%).
Failure to observe the requirements established in this Article VII. shall constitute a
material modification pursuant to Section 32-1-207, C.R.S. and shall entitle the City to all remedies
available at law and in equity.
J. Subdistricts.
The District may organize subdistricts or areas as allowed by Section 32-1-1101(1)(f),
C.R.S., but only with prior approval of the City Council, and any such subdistrict(s) or area(s) shall
be subject to all limitations on debt and other provisions of the Service Plan to the same extent as
the District. In accordance with Section 32-1-1101(1)(f)(I), C.R.S., the District shall notify the
City prior to establishing any such subdistrict(s) or area(s) and shall provide the City with details
regarding the purpose, location, and relationship of the subdistrict(s) or area(s). The City Council
may elect to treat the organization of any such subdistrict(s) or area(s) as a material modification
of the Service Plan.
ARTICLE VIII: ANNUAL REPORT
A. General.
The District shall be responsible for submitting an annual report to the City Attorney, City
Clerk, Finance Director, and the Director of the Community and Economic Development
Department no later than August 1st of each year following the year in which the Order and Decree
creating the District has been issued.
B. Standard Reporting Requirements of Significant Events.
The annual report shall include information as to any of the following:
1.
A narrative summary of the progress of the District’s implementation of
the Service Plan.

16

2.
Boundary changes made or proposed to the District’s boundary as of
December 31 of the prior year.
3.
Intergovernmental Agreements with other governmental entities, either
entered into or proposed as of December 31 of the prior year.
4.
Copies of the District’s rules and regulations, if any as of December 31 of
the prior year.
5.
A summary of any litigation which involves the District Public
Improvements as of December 31 of the prior year.
6.
Status of the District’s construction of the Public Improvements as of
December 31 of the prior year.
7.
A list of all facilities and improvements constructed by the District that
have been dedicated to and accepted by the City as of December 31 of the prior
year.
8.

The assessed valuation of the District for the current year.

9.
Current year budget including a description of the Public Improvements to
be constructed in such year.
10.
Audit of the District’s financial statements, for the year ending December
31 of the previous year, prepared in accordance with generally accepted
accounting principles or audit exemption, if applicable.
11.
Notice of any uncured events of default by the District, which continue
beyond a ninety (90) day period, under any Debt instrument.
12.
Any inability of the District to pay its obligations as they come due, in
accordance with the terms of such obligations, which continue beyond a ninety
(90) day period.
13.

Any additional information the District believes important to report.

17

C. Additional Reporting Requirements.
The annual report shall also include the following:
1.
Summary of the amount and terms of any new district indebtedness or
long-term obligations issued in the report year;
2.
Summary of the amount of payment or retirement of existing indebtedness
of the district in the report year;
3.
The current mill levy of the district pledged to debt retirement in the report
year; and
4.
A summary and detailed disclosure of the capital expenditures incurred by
the district in development of improvements in the report year.
ARTICLE IX: TRANSPARENCY
The District shall be responsible for maintaining a publicly accessible website with the
District’s information for purposes of further public transparency.
A. Standard Reporting Requirements. The website shall include the following:
1.

District’s name.

2.

Official contact information for District mailings or other communication.

3.

Listing of current board members.

4.
Notice of the date and procedures relating to any upcoming election for
board member position(s) for the District.
5.

Description of the District’s maximum mill levy.

6.
Description of the District’s authority to impose and collect rates, fees,
tolls and charges.
7.

Description of current debt obligations.

8.
Listing, description, and estimated life expectancy of all items financed
through debt.
9.
Complete copy of current District map, which clearly identifies the
District’s boundaries.

18

10.

Complete copy of each Annual Report.

11.

Complete copy of applicable Service Plan(s) and any amendments.

12.
Any additional information required by law or that the District believes
would further transparency.
The District shall update the information required by this Article IX in a timely manner
and in any event within 14 days after the information becomes known to the District. The District
shall provide the Finance Director with the website Uniform Resource Locator (URL) prior to the
execution of the Service Plan and within 2 days of any change to the URL.
ARTICLE X: DISSOLUTION
Upon an independent determination of the City Council that the purposes for which the
District was created have been accomplished, the District agrees to file petitions in the appropriate
District Court for dissolution, pursuant to the applicable State statutes. In no event shall a
dissolution occur until the District has provided for the payment or discharge of all of its
outstanding indebtedness and other financial obligations as required pursuant to State statutes.
ARTICLE XI: REQUIRED DISCLOSURES
The District will use reasonable efforts to assure that all developers of the property located
within the District provide written notice to all purchasers of property in the District regarding the
Maximum Debt Mill Levy, as well as a general description of the District’s authority to impose
and collect rates, Fees, tolls and charges. The form of notice shall be filed with the City prior to
the initial issuance of the Debt by the District. The form of notice shall substantially comply with
the Model Notice (Exhibit E). The City Council shall have the sole discretion to determine
whether the form of notice substantially complies with the form and content of the model notice.
Any additional public disclosures, to purchasers or otherwise, shall comply with state law as
currently in effect or as hereafter amended.
ARTICLE XII: INTERGOVERNMENTAL AGREEMENT
The form of the intergovernmental agreement required by the City Code, relating to the
limitations imposed on the District’s activities, is attached hereto as Exhibit D. The District shall
approve the intergovernmental agreement in the form attached as Exhibit D at its first Board
meeting after its organizational election. The intergovernmental agreement shall be executed by
the President of the Board at the first Board meeting after its organizational election and submitted
to the City Attorney for review and execution by the City. Failure of the District to execute the
intergovernmental agreement as required herein shall constitute a material modification and shall
require a Service Plan Amendment. The City Council shall approve the intergovernmental
agreement in the form attached as Exhibit D, subject to changes approved by the City and agreed
upon by the District, at a public meeting subsequent to approving the Service Plan after the District
is organized.

19

ARTICLE XIII: AMENDMENT REQUIREMENT
This Service Plan has been designed with sufficient flexibility to enable the District to
provide required services and facilities under evolving circumstances without the need for
numerous amendments. Actions of the District which violate the limitations set forth in V.A.1-14
above or in VII.B-G. or requirements set forth in the Intergovernmental Agreement shall be
deemed to be material modifications to this Service Plan and the City shall be entitled to all
remedies available under State and local law to enjoin such actions of the District.
Should the District undertake any act which constitutes a material modification to the
service plan, the City Council may impose one or more of the following sanctions, as it deems
appropriate:
(a)

Exercise any applicable remedy under the Act or City Code.

(b)
Withhold the issuance of any permit, authorization, acceptance or other
administrative approval or withhold any cooperation necessary for the
development or construction or operation of improvements or provision of services
within the District’s Service Area.
(c)
Exercise any legal remedy under the terms of any intergovernmental
agreement under which the District is in default.
(d)
Exercise any other legal remedy, including seeking injunctive relief
against the District, to ensure compliance with the provisions of the Service Plan
or applicable law.
All remedies available to the City under this section shall be cumulative and non-exclusive.
In any proceeding brought to enforce the provisions of this Service Plan, the prevailing party shall
be entitled to an award of reasonable attorneys’ fees, actual court costs and other expenses
incurred.
ARTICLE XIV: CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2),
C.R.S., and Section 91-32 of the City Code, establishes that:
1.
There is sufficient existing and projected need for organized service in the
area to be serviced by the District;
2.
The existing service in the area to be served by the District is inadequate for
present and projected needs;
3.
The District is capable of providing economical and sufficient service to the
area within its proposed boundaries; and

20

4.
The area to be included in the District does have, and will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis.
5.
Adequate service is not, and will not be, available to the area through the
City or county or other existing municipal or quasi-municipal corporations,
including existing special districts, within a reasonable time and on a comparable
basis.
6.
The facility and service standards of the District are compatible with the
facility and service standards of the City within which the special district is to be
located and each municipality which is an interested party under Section 32-1204(1), C.R.S.
7.
The proposal is in substantial compliance with a comprehensive plan
adopted pursuant to the City Code.
8.
The proposal is in compliance with any duly adopted City, regional or state
long-range water quality management plan for the area.
9.
The creation of the District is in the best interests of the area proposed to be
served.
10.

The creation of the District is in the best interest of the City.

21

EXHIBIT A
Legal Descriptions

A-1

EXHIBIT A
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT

District Boundary Description:

SHEET 1 OF 1

A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ARVADA, COUNTY OF
JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST 1/4
OF SECTION 4 BEING S 00°33'41” E AND MONUMENTED AS FOLLOWS:
-NORTHEAST CORNER OF SECTION 4, BEING A 3.25” ALUMINUM CAP IN RANGE BOX, PLS
28291, PER MON REC DATED 6-7-02.
-EAST 1/4 CORNER OF SECTION 4, BEING A FOUND 3” ALUMINUM CAP IN RANGE BOX AS
A 130' WITNESS CORNER, PLS 16837, PER MON REC DATED 3-31-88.
POINT OF COMMENCEMENT AT THE NORTHEAST CORNER OF SECTION 4;
THENCE S 00°33'41" E ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 4 A
DISTANCE OF 495.01 FEET;
THENCE S 89°40'24" W A DISTANCE OF 20.00 FEET TO A POINT ON THE WESTERLY RIGHTOF-WAY LINE OF KIPLING STREET AND THE POINT OF BEGINNING;
THENCE S 00°33'41" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF
898.85 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION
PACIFIC RAILROAD, DENVER & RIO GRANDE WESTERN RAILROAD AND DENVER AND
NORTHWESTERN RAILWAY COMPANY RIGHT-OF-WAY;
THENCE N 48°23'36" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
565.20 FEET TO THE SOUTHEAST CORNER OF KEN KREST SUBDIVISION, A SUBDIVISION
RECORDED AT RECEPTION NO. 73573979;
THENCE N 00°37'20" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A
DISTANCE OF 521.15 FEET TO THE SOUTHWEST CORNER OF ARVADA RETIREMENT
RESIDENCE - MINOR PLAT, A SUBDIVISION RECORDED AT RECEPTION NO. 2007001863;
THENCE N 89°40'24" E ALONG THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION AND
THE EXTENSION THEREOF A DISTANCE OF 419.47 FEET TO THE POINT OF BEGINNING.

EXHIBIT B
Arvada Vicinity Map

B-1

EXHIBIT B
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TITLE:

SCENIC HEIGHTS WEST METROPOLITAN DISTRICT VICINITY MAP
LOCATION:

LOCATED IN THE NORTHEAST 1/4 OF SECTION 4,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF ARVADA, COUNTY OF JEFFERSON, ST ATE OF COLORADO

SCALE:

1"=500'

I DATE:

08.03.2023

I PROJECT NO: I
0009-2015

AREA:

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Initial District Boundary Map

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TITLE:

SCENIC HEIGHTS WEST METROPOLITAN DISTRICT BOUNDARY MAP
LOCATION:

LOCATED IN THE NORTHEAST 1/4 OF SECTION 4,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF ARVADA, COUNTY OF JEFFERSON, ST ATE OF COLORADO

SCALE:

1"=150'

I 08.03.2023
DATE:
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0009-2015
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EXHIBIT D
Intergovernmental Agreement between the District and City

D-1

EXHIBIT D
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and
between the City of Arvada, Colorado, a municipal corporation of the State of Colorado (the
“City”), and Scenic Heights West Metropolitan District, a quasi-municipal corporation and
political subdivision of the State of Colorado (the “District”).
RECITALS
WHEREAS, the District was organized to provide those services and to exercise those
powers as are more specifically set forth in the District’s Service Plan submitted August 27, 2026
and approved September 1, 2026, as amended from time to time by City approval (the “Service
Plan”); and
WHEREAS, the Service Plan and Chapter 91 of the City Code of the City (the “City Code”)
require the execution of an intergovernmental agreement between the City and the District; and
WHEREAS, the City and the District are authorized by Article XIV of the Colorado
Constitution and Title 29, Article 1, Part 2, C.R.S., to cooperate and contract with one another to
provide any function, service or facility lawfully authorized to each governmental entity; and
WHEREAS, the City and the District have determined it to be in their best interests to enter
into this Intergovernmental Agreement (“Agreement”); and
NOW, THEREFORE, for and in consideration of the covenants and mutual agreements
herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1.
Incorporation by Reference. The Service Plan and the City Code are hereby
incorporated in this agreement by this reference. The District agrees to comply with all provisions
of the Service Plan, as it may be amended from time to time in accordance with the provisions
thereof, and the City Code, as amended from time to time, and Title 32, Article 1, C.R.S., as
amended from time to time (the “Special District Act”). The District agrees to comply with and is
subject to all of the City’s zoning, subdivision, building code and other land use requirements.
2.
Regional Contribution. The District agrees to fund $250,000 (“Regional
Contribution”), toward Regional Improvements (as defined in the Service Plan) associated with
the impacts to the City of the development within the District. The Regional Contribution shall be
paid from bond proceeds and shall be payable to the City when the District issues Debt. The City
agrees that it shall use the Regional Contribution to fund Regional Improvements that shall be
owned, operated and maintained by a public entity, and shall be limited to sanitation, water, streets,
safety protection, fire protection, parks and recreation, transportation, and mosquito control
improvements and facilities.
61325747.v4

#1330015v3

2.
Maintenance of Public Improvements. The District agrees that it shall maintain the
following Public Improvements, as shown in Exhibit A attached hereto and made a part hereof.
3.
Notice to Property Owners. The District agrees that it shall record a Notice of
Inclusion in Metropolitan District substantially in the form attached hereto as Exhibit B on all
property located within the District’s boundaries.
4.
Enforcement. The parties agree that this Agreement may be enforced in law, or in
equity for specific performance, injunctive, or other appropriate relief. The parties also agree that
this Agreement may be enforced pursuant to the City Code, Section 32-1-207, C.R.S. and other
provisions of the Special District Act granting rights to municipalities or counties approving a
service plan of a special district.
5.
Outside Review and Additional Costs. Subject to appropriation by the District, the
District agrees to pay all costs that the City may reasonably incur in retaining outside counsel or
consultants for the purpose of reviewing the Service Plan and any relevant materials, as well as
any additional reasonable costs incurred by the City, which are directly related to a request by the
District for the City’s interpretation of the Service Plan, any amendment to the Service Plan or a
material modification of the Service Plan. The District shall notify the City whether it has
appropriated funds for such costs prior to review by the City of any request by the District for the
City’s interpretation of the Service Plan, any amendment to the Service Plan or a material
modification of the Service Plan.
6.
Entire Agreement of the Parties. This Agreement constitutes the entire agreement
between the parties and supersedes all prior written or oral agreements, negotiations, or
representations and understandings of the parties with respect to the subject matter contained
herein.
7.
Amendment. This Agreement may be amended, modified, changed, or terminated
in whole or in part only by a written agreement duly authorized and executed by the parties hereto.
8.
Governing Law; Venue. The internal laws of the State of Colorado shall govern the
interpretation and enforcement of this Agreement, without giving effect to choice of law or conflict
of law principles. The parties hereby submit to the jurisdiction of and venue in the district court in
either Adams County or Jefferson County, Colorado. In any proceeding brought to enforce the
provisions of this Agreement, the prevailing party therein shall be entitled to an award of
reasonable attorneys’ fees, actual court costs and other expenses incurred.
9.
Beneficiaries. Except as otherwise stated herein, this Agreement is intended to
describe the rights and responsibilities of and between the named parties and is not intended to,
and shall not be deemed to confer any rights upon any persons or entities not named as parties.
10.
Effect of Invalidity. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either party or as to both
parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not
cause the entire agreement to be terminated.

61325747.v4

#1330015v3

2

11.
Assignability. Neither the City nor the District shall assign their rights or delegate
their duties hereunder without the prior written consent of the other party.
12.
Successors and Assigns. This Agreement and the rights and obligations created
hereby shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.

61325747.v4

#1330015v3

3

SCENIC
HEIGHTS
METROPOLITAN DISTRICT

WEST

By: _________________________________
President

ATTEST:
By: ________________________________
Secretary

CITY OF ARVADA, COLORADO

By: _________________________________
Mayor
ATTEST:
By: ________________________________
City Clerk

61325747.v4

#1330015v3

4

Exhibit A to Intergovernmental Agreement
Public Improvements to be Maintained by the District

61325747.v4

#1330015v3

SCENIC HEIGHT WEST
MAINTENANCE RESPONSIBILITY MAP

KIPLING STREET

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Exhibit B to Intergovernmental Agreement
NOTICE OF INCLUSION IN METROPOLITAN DISTRICT
AND POSSIBLE PROPERTY TAX CONSEQUENCES
Legal description of the property;

See Exhibit A attached hereto and incorporated by reference

This property is located in the following metropolitan district:

SCENIC HEIGHTS WEST METROPOLITAN DISTRICT (the “District”)

In addition to standard property tax identified on the next page, this property is subject to a
metropolitan district mill levy (another property tax) of up to:
75 mills, subject to adjustment, as described in the District’s Service Plan
Based on the property’s inclusion in the metropolitan district, a residential parcel with a sale
price of $700,000 could result in ADDITIONAL annual property taxes up to;
$3,570.00
Additionally, based on estimated growth of 6.0% in assessed value upon biennial reassessment, as
reflected in the Financial Plan attached as Exhibit F to the District’s Service Plan, a residential parcel
with a saleprice of $700,000 would be valued at $742,000 after the first biennial reassessment, and
the property’s inclusion in the metropolitan district could result in HIGHER annual property taxes
after the first reassessment up to;
$3,784.20
The Financial Plan estimates that the assessed value of property in the District will grow by 6.0%
upon each biennial reassessment, which could result in HIGHER property taxes each time the
property is reassessed, despite the imposition of the same number of mills.
The next page provides examples of estimated total annual property taxes that could be due on this
property, first if located outside the District and next if located within the District. Note: property
that is not within the District would not pay the ADDITIONAL amount.
61325747.v4

#1330015v3

The District’s Board of Directors can be reached as follows; [ADD DISTRICT WEBSITE
URL AFTER ORGANIZATIONAL MEETING]
You may wish to consult with: (1) the Jefferson County Assessor’s Office to determine the
specificamount of District property taxes currently due on this property; and (2) the District’s
Board of Directors to determine if the District’s Service Plan has been amended.

61325747.v4

#1330015v3

ESTIMATE OF PROPERTY TAXES

Annual Tax Levied on Residential Property with $700,000 Actual Value
Without the District Mill Levy:

Taxing Entity

Mill
Levies
(2025**)

Annual Tax Levied
Without Growth in
Assessed Value

Apex Park & Rec District

4.393

$209.11

Estimated Tax
Levied in 2027
Assuming 6%
Growth at Biennial
Reassessment
$221.65

Arvada

4.310

$205.16

$217.47

Arvada Fire District

16.411

$781.16

$828.03

County

26.978

$1,284.15

$1,361.20

0

$0

$0

0

$0

$0

44.349

$2,111.01

$2,237.67

0.100

$4.76

$5.05

0.900

$42.84

$45.41

97.441

$4,638.19

$4,916.48

Moffat Tunnel Improvement
District
Regional Transportation
District
School
Urban Drainage & Flood
Control South Platte
Urban Drainage & Flood
Control District
TOTAL

Annual Tax Levied on Commercial Property with $700,000 Actual Value With
the District Mill Levy (Assuming Maximum District Mill Levy):

Taxing Entity

Mill
Levies
(2025**)

Annual Tax Levied
Without Growth in
Assessed Value

Apex Park & Rec District

4.393

$209.11

Estimated Tax
Levied in 2027
Assuming 6%
Growth at Biennial
Reassessment
$221.65

Arvada

4.310

$205.16

$217.47

Arvada Fire District

16.411

$781.16

$828.03

61325747.v4

#1330015v3

County
Moffat Tunnel Improvement
District
Regional Transportation
District
School
Urban Drainage & Flood
Control South Platte
Urban Drainage & Flood
Control District
Scenic Heights West
Metropolitan District
TOTAL

26.987

$1,284.15

$1,361.20

0

$0

$0

0

$0

$0

44.349

$2,111.01

$2,237.67

0.100

$4.76

$5.05

0.900

$42.84

$45.41

75

$3,570.00

$3,784.20

172.441

$8,208.19

$8,700.68

**This estimate of mill levies is based upon mill levies certified by the Jefferson County Assessor’s Office in
December 2025 for collection in 2026, and is intended only to provide approximations of the total overlapping
mill levies within the District. The stated mill levies are subject to change and you should contact the Jefferson
County Assessor’s Office to obtain accurate and current information.

61325747.v4

#1330015v3

EXHIBIT E
Model Notice

58627752.v6

E-1

EXHIBIT E
Model Notice
NOTICE OF INCLUSION IN METROPOLITAN DISTRICTAND POSSIBLE PROPERTY
TAX CONSEQUENCES

Legal description of the property;
See Exhibit A attached hereto and incorporated by reference
This property is located in the following metropolitan district:
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT (the “District”)
The District’s Service Plan (the “Service Plan”) and intergovernmental agreement between the District
and the City of Arvada (the “Intergovernmental Agreement”), which can be amended from time to
time, include descriptions of the District’s powers, authority and limitations. A copy of the Service
Plan is available from the Division of Local Government in the Colorado Department of Local Affairs.
A copy of the Intergovernmental Agreement is available from the District or the City of Arvada.
The District is authorized by Title 32, Article 1, Colorado Revised Statutes, to use a number of
methods to raise revenues for capital needs and general operations costs. These methods, subject to
certain limitations imposed by Section 20 of Article X of the Colorado Constitution and the Service
Plan, include issuing debt, levying taxes, and imposing fees, tolls and charges. The maximum debt
mill levy that can be imposed by the District is 50 mills, subject to adjustment as provided in the
Service Plan. The maximum mill levy that the District can impose for operations and maintenance is
20 mills, subject to adjustment as provided in the Service Plan.
Information concerning directors, management, meetings, elections, and current taxes are provided
annually in the Notice to Electors described in Section 32-1-809(1), Colorado Revised Statutes,
which can be found at the District office, on the District’s website, on file at the Division of Local
Government in the Colorado Department of Local Affairs, or on file at the office of the Clerk and
Recorder of each county in which the District is located.
In addition to standard property tax identified on the next page, this property is subject to a
metropolitan district mill levy (another property tax) of up to:
75 mills (total for debt service and operations and maintenance), subject to adjustment, as
described in the Service Plan

#1330016v2

1

Based on the property’s inclusion in the District, a residential parcel with a sale price of $700,000
could result in ADDITIONAL annual property taxes up to;
$3,570.00
Additionally, based on estimated growth of 6.00% in assessed value upon biennial reassessment, as
reflected in the Financial Plan attached as Exhibit F to the Service Plan, a residential parcel with a
sale price of $700,000 would be valued at $742,000 after the first biennial reassessment, and the
property’s inclusion in the District could result in HIGHER annual property taxes after the first
reassessment up to;
$3,784.20
The Financial Plan estimates that the assessed value of property in the District will grow by 6.0%
upon each biennial reassessment, which could result in HIGHER property taxes each time the
property is reassessed, despite the imposition of the same number of mills.
The next page provides examples of estimated total annual property taxes that could be due on this
property, first if located outside the District and next if located within the District. Note: property
that is not within the District would not pay the ADDITIONAL amount.
The District’s Board of Directors can be reached as follows; [ADD DISTRICT WEBSITE URL
AFTER ORGANIZATIONAL MEETING]
You may wish to consult with: (1) the Jefferson County Assessor’s Office to determine the specific
amount of District property taxes currently due on this property; and (2) the District’s Board of
Directors to determine if the Service Plan has been amended.

#1330016v2

2

ESTIMATE OF PROPERTY TAXES

Annual Tax Levied on Residential Property with $700,000 Actual Value
Without the District Mill Levy:

Taxing Entity

Mill
Levies
(2025**)

Annual Tax Levied
Without Growth in
Assessed Value

Apex Park & Rec District

4.393

$209.11

Estimated Tax
Levied in 2027
Assuming 6%
Growth at Biennial
Reassessment
$221.65

Arvada

4.310

$205.16

$217.47

Arvada Fire District

16.411

$781.16

$828.03

County

26.978

$1,284.15

$1,361.20

0

$0

$0

0

$0

$0

44.349

$2,111.01

$2,237.67

0.100

$4.76

$5.05

0.900

$42.84

$45.41

97.441

$4,638.19

$4,916.48

Moffat Tunnel Improvement
District
Regional Transportation
District
School
Urban Drainage & Flood
Control South Platte
Urban Drainage & Flood
Control District
TOTAL

Annual Tax Levied on Commercial Property with $700,000 Actual Value With
the District Mill Levy (Assuming Maximum District Mill Levy):

Taxing Entity

Mill
Levies
(2025**)

Annual Tax Levied
Without Growth in
Assessed Value

Apex Park & Rec District

4.393

$209.11

Estimated Tax
Levied in 2027
Assuming 6%
Growth at Biennial
Reassessment
$221.65

Arvada

4.310

$205.16

$217.47

Arvada Fire District

16.411

$781.16

$828.03

64661015.v2

#1330016v2

County
Moffat Tunnel Improvement
District
Regional Improvement
District
School
Urban Drainage & Flood
Control South Platte
Urban Drainage & Flood
Control District
Scenic Heights West
Metropolitan District
TOTAL

26.987

$1,284.15

$1,361.20

0

$0

$0

0

$0

$0

44.349

$2.111.01

$2,237.67

0.100

$4.76

$5.05

0.900

$42.84

$45.41

75

$3,570.00

$3,784.20

172.441

$8,208.19

$8,700.68

**This estimate of mill levies is based upon mill levies certified by the Jefferson County Assessor’s Office in
December 2025 for collection in 2026, and is intended only to provide approximations of the total overlapping
mill levies within the District. The stated mill levies are subject to change and you should contact the Jefferson
County Assessor’s Office to obtain accurate and current information.

4
#1330016v2

EXHIBIT F
Financial Plan

58627752.v6

F-1

SCENIC HEIGHTS WEST METROPOLITAN DISTRICT

Jefferson County, Colorado
~~~~~
GENERAL OBLIGATION BONDS, SERIES 2028
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2038
~~~~~
Service Plan

Bond Assumptions

Series 2027

Series 2037

Closing Date
First Call Date
Final Maturity

12/1/2027
12/1/2032
12/1/2057

12/1/2037
12/1/2048
12/1/2067

Sources of Funds
Par Amount
Funds on Hand
Total

3,835,000
0
3,835,000

4,705,000
511,854
5,216,854

8,540,000
511,854
9,051,854

Uses of Funds
Project Fund

$2,281,196

$1,165,000

$3,446,196

250,000
0
351,854
575,250
0
376,700
0
3,835,000

0
3,755,000
0
0
0
294,100
2,754
5,216,854

250,000
3,755,000
351,854
575,250
0
670,800
2,754
9,051,854

Bond Features
Projected Coverage
Tax Status
Rating
Average Coupon
Annual Trustee Fee

100x
Tax-Exempt
Non-Rated
5.000%
$4,000

100x
Tax-Exempt
Inv. Grade
4.000%
$4,000

Biennial Reassessment
Residential
Commercial

6.00%
0.00%

6.00%
0.00%

Regional Contribution
Refunding Escrow
Debt Service Reserve
Capitalized Interest
Surplus Deposit
Costs of Issuance
Rounding
Total

Total

Taxing Authority Assumptions
Metropolitan District Revenue
Residential Assessment Ratio
Service Plan Gallagherization Base
Current Assumption
Residential (Multi-Family) Assessment Ratio
Service Plan Gallagherization Base
Current Assumption
Commercial Assessment Ratio
Service Plan Gallagherization Base
Current Assumption
Debt Service Mills
Service Plan Mill Levy Cap (Unadj.)
Target Mill Levy
Specific Ownership Taxes
County Treasurer Fee

55.000
55.000
6.00%
1.50%

Operations
Operations Mill Levy
Total Mill Levy

20.000
75.000

8/27/2026 H SHMD Fin Plan 25 m3.0 NR SP+IG Refg Cover

6.80%
6.80%
6.80%
6.80%
25.00%
25.00%

Draft: For discussion purposes only

1

SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
Development Summary

Residential

Statutory Actual Value (2025)

TH

SFD

Product 3

Product 4

Product 5

Product 6

Product 7

Product 8

$525,000

$700,000

$

$

$

$

$

$

2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054

25
26
______
51

2
12
12
______
26

______
-

______
-

______
-

______
-

______
-

______
-

2
37
38
______
77

$26,775,000

$18,200,000

$

$

$

$

$

$

$44,975,000

Total Units
Total Statutory Actual Value

Total Residential

8/27/2026 H SHMD Fin Plan 25 m3.0 Dev

Draft: For discussion purposes only

2

SCENIC HEIGHTS WEST METROPOLITAN
DISTRICT Assessed Value Calculation
Vacant Land
Cumulative Statutory
Actual Value1

VAR

Residential

Total

Assessed Value

Total

Biennial

Cumulative Statutory

Legislative

Cumulative Statutory

in Collection Year

Residential Units

Reassessment

Actual Value

Adj. (est.)

Actual Value

(Cumulative)

(after Exemptions)

(2-year lag)

RAR

Assessed Value

Assessed Value

in Collection Year

in Collection Year

(2-year lag)

(2-year lag)

6.00%

2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
2061
2062
2063
2064
2065
2066
2067
Total

0
0
0
140,000
2,152,500
2,205,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

29.00%
27.90%
27.90%
27.00%
26.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%

0
0
0
0
0
35,000
538,125
551,250
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
2
37
38
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
______

__________

__________

77

97,830,844

0

87,394
2,895,245
3,068,960
3,253,097
3,448,283
3,655,180
3,874,491
4,106,961
4,353,378
4,614,581
4,891,456
5,184,943
5,496,040
5,825,802
6,175,350
6,545,871
6,938,623
7,354,941
7,796,237
8,264,011

0
0
0
0
1,456,560
24,386,456
48,254,085
51,149,330
51,149,330
54,218,290
54,218,290
57,471,387
57,471,387
60,919,670
60,919,670
64,574,851
64,574,851
68,449,342
68,449,342
72,556,302
72,556,302
76,909,680
76,909,680
81,524,261
81,524,261
86,415,717
86,415,717
91,600,660
91,600,660
97,096,699
97,096,699
102,922,501
102,922,501
109,097,851
109,097,851
115,643,723
115,643,723
122,582,346
122,582,346
129,937,287
129,937,287
137,733,524
137,733,524
145,997,535
145,997,535

0
0
0
0
1,456,560
24,386,456
48,254,085
51,149,330
51,149,330
54,218,290
54,218,290
57,471,387
57,471,387
60,919,670
60,919,670
64,574,851
64,574,851
68,449,342
68,449,342
72,556,302
72,556,302
76,909,680
76,909,680
81,524,261
81,524,261
86,415,717
86,415,717
91,600,660
91,600,660
97,096,699
97,096,699
102,922,501
102,922,501
109,097,851
109,097,851
115,643,723
115,643,723
122,582,346
122,582,346
129,937,287
129,937,287
137,733,524
137,733,524
145,997,535
145,997,535

6.950%
6.700%
6.700%
6.250%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%
6.800%

0
0
0
0
0
0
99,046
1,658,279
3,281,278
3,478,154
3,478,154
3,686,844
3,686,844
3,908,054
3,908,054
4,142,538
4,142,538
4,391,090
4,391,090
4,654,555
4,654,555
4,933,829
4,933,829
5,229,858
5,229,858
5,543,650
5,543,650
5,876,269
5,876,269
6,228,845
6,228,845
6,602,576
6,602,576
6,998,730
6,998,730
7,418,654
7,418,654
7,863,773
7,863,773
8,335,600
8,335,600
8,835,735
8,835,735
9,365,880
9,365,880

0
0
0
0
0
35,000
637,171
2,209,529
3,281,278
3,478,154
3,478,154
3,686,844
3,686,844
3,908,054
3,908,054
4,142,538
4,142,538
4,391,090
4,391,090
4,654,555
4,654,555
4,933,829
4,933,829
5,229,858
5,229,858
5,543,650
5,543,650
5,876,269
5,876,269
6,228,845
6,228,845
6,602,576
6,602,576
6,998,730
6,998,730
7,418,654
7,418,654
7,863,773
7,863,773
8,335,600
8,335,600
8,835,735
8,835,735
9,365,880
9,365,880

1. Vacant land value calculated in year prior to construction as 10% of built-out market value

8/27/2026 H SHMD Fin Plan 25 m3.0 NR SP+IG Refg

Draft: For discussion purposes only

3

SCENIC HEIGHTS WEST METROPOLITAN
DISTRICT Revenue Calculation
District Mill Levy Revenue
1

Expenses

Total

Assessed Value

District Mill Levy

Debt Mill Levy

Specific Ownership

County Treasurer

Annual Trustee

Revenue Available

in Collection Year

55.000 SP Cap

Collections

Taxes

Fee

Fee

for Debt Service

(2-year lag)

55.000 Cap

99.5%

6.00%

1.50%

$4,000

0
0
0
0
0
1,915
34,869
120,916
179,568
190,342
190,342
201,763
201,763
213,868
213,868
226,700
226,700
240,302
240,302
254,721
254,721
270,004
270,004
286,204
286,204
303,376
303,376
321,579
321,579
340,874
340,874
361,326
361,326
383,006
383,006
405,986
405,986
430,345
430,345
456,166
456,166
483,536
483,536
512,548
512,548
__________

0
0
0
0
0
115
2,092
7,255
10,774
11,421
11,421
12,106
12,106
12,832
12,832
13,602
13,602
14,418
14,418
15,283
15,283
16,200
16,200
17,172
17,172
18,203
18,203
19,295
19,295
20,452
20,452
21,680
21,680
22,980
22,980
24,359
24,359
25,821
25,821
27,370
27,370
29,012
29,012
30,753
30,753
__________

0
0
0
0
0
(29)
(523)
(1,814)
(2,694)
(2,855)
(2,855)
(3,026)
(3,026)
(3,208)
(3,208)
(3,401)
(3,401)
(3,605)
(3,605)
(3,821)
(3,821)
(4,050)
(4,050)
(4,293)
(4,293)
(4,551)
(4,551)
(4,824)
(4,824)
(5,113)
(5,113)
(5,420)
(5,420)
(5,745)
(5,745)
(6,090)
(6,090)
(6,455)
(6,455)
(6,842)
(6,842)
(7,253)
(7,253)
(7,688)
(7,688)
__________

0
0
0
0
0
(2,002)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
(4,000)
_________

0
0
0
0
0
0
32,438
122,358
183,648
194,907
194,907
206,842
206,842
219,492
219,492
232,902
232,902
247,116
247,116
262,183
262,183
278,154
278,154
295,083
295,083
313,028
313,028
332,050
332,050
352,213
352,213
373,586
373,586
396,241
396,241
420,255
420,255
445,711
445,711
472,693
472,693
501,295
501,295
531,612
531,612
__________

12,102,557

726,153

(181,538)

(158,002)

12,489,170

55.000 Target

2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
2061
2062
2063
2064
2065
2066
2067
Total

0
0
0
0
0
35,000
637,171
2,209,529
3,281,278
3,478,154
3,478,154
3,686,844
3,686,844
3,908,054
3,908,054
4,142,538
4,142,538
4,391,090
4,391,090
4,654,555
4,654,555
4,933,829
4,933,829
5,229,858
5,229,858
5,543,650
5,543,650
5,876,269
5,876,269
6,228,845
6,228,845
6,602,576
6,602,576
6,998,730
6,998,730
7,418,654
7,418,654
7,863,773
7,863,773
8,335,600
8,335,600
8,835,735
8,835,735
9,365,880
9,365,880

0.000
0.000
0.000
0.000
0.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000
55.000

1. Estimated; Annual mill expected to fluctuate with future legislative/market value exemptions (tbd).

8/27/2026 H SHMD Fin Plan 25 m3.0 NR SP+IG Refg

Draft: For discussion purposes only

4

SCENIC HEIGHTS WEST METROPOLITAN
DISTRICT Senior Debt Service
HNov2125 27nrspH
Total

HNov2125 37ig27H
Net Debt Service

Series 2027

8/27/2026 H SHMD Fin Plan 25 m3.0 NR SP+IG Refg

Revenue Available

Dated: 12/1/27

Dated: 12/1/37

for Debt Service

Par:

$3,835,000

Par:

$4,705,000

Proj:

$2,531,196

Proj:

$1,165,000

Esc:

$3,755,000

2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
2061
2062
2063
2064
2065
2066
2067

0
0
0
0
0
0
32,438
122,358
183,648
194,907
194,907
206,842
206,842
219,492
219,492
232,902
232,902
247,116
247,116
262,183
262,183
278,154
278,154
295,083
295,083
313,028
313,028
332,050
332,050
352,213
352,213
373,586
373,586
396,241
396,241
420,255
420,255
445,711
445,711
472,693
472,693
501,295
501,295
531,612
531,612
_________

Total

12,489,170

0
0
0
0
191,750
191,750
191,750
201,750
206,250
215,500
219,250
Ref'd by Ser. '37

Senior Surplus Fund

Ratio Analysis

Series 2037
Total

_________

0
188,200
188,200
203,200
202,600
212,000
216,000
224,800
228,200
241,400
239,000
256,600
253,400
270,200
271,200
287,000
287,000
306,800
305,600
324,200
321,800
344,200
345,400
361,200
361,000
385,400
383,400
411,000
407,000
432,600
431,600
_________

0
0
0
0
191,750
191,750
191,750
201,750
206,250
215,500
219,250
188,200
188,200
203,200
202,600
212,000
216,000
224,800
228,200
241,400
239,000
256,600
253,400
270,200
271,200
287,000
287,000
306,800
305,600
324,200
321,800
344,200
345,400
361,200
361,000
385,400
383,400
411,000
407,000
432,600
431,600
_________

1,418,000

8,890,200

10,308,200

Funds on Hand

Annual

Cumulative

Released

Senior Debt to

Debt Service

as a Source

Surplus

Balance

Revenue

Assessed Value

Coverage

$383,500 Max

50% D/A

________

0
0
32,438
122,358
(8,102)
3,157
3,157
5,092
592
3,992
(159,758)
44,702
44,702
43,916
44,516
50,183
46,183
53,354
49,954
53,683
56,083
56,428
59,628
61,850
60,850
65,213
65,213
66,786
67,986
72,041
74,441
76,055
74,855
84,511
84,711
87,293
89,293
90,295
94,295
99,012
100,012
_________

160,000

2,020,970

$160,000

0
0
32,438
154,796
146,694
149,852
153,009
158,101
158,693
162,685
2,928
47,630
92,331
136,247
180,763
230,946
277,129
330,483
380,437
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
383,500
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
50,620
56,083
56,428
59,628
61,850
60,850
65,213
65,213
66,786
67,986
72,041
74,441
76,055
74,855
84,511
84,711
87,293
89,293
90,295
94,295
99,012
483,512
_________

n/a
10957%
602%
174%
117%
110%
110%
104%
104%
97%
243%
114%
114%
107%
107%
100%
100%
94%
93%
87%
86%
80%
78%
72%
71%
65%
63%
57%
55%
50%
47%
42%
39%
34%
31%
26%
22%
17%
13%
9%
4%

n/a
n/a
n/a
n/a
96%
102%
102%
103%
100%
102%
100%
124%
124%
122%
122%
124%
121%
124%
122%
122%
123%
122%
124%
123%
122%
123%
123%
122%
122%
122%
123%
122%
122%
123%
123%
123%
123%
122%
123%
123%
123%

2,020,970

Draft: For discussion purposes only

5

SCENIC HEIGHTS WEST METROPOLITAN
DISTRICT Operations Projection
Total

2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
2061
2062
2063
2064
2065
2066
2067
Total

8/27/2026 H SHMD Fin Plan 25 m3.0 NR SP+IG Refg

Operations Revenue

Total

Total Mills

Assessed Value

Operations

Ops Mill Levy

Specific Ownership

County Treasurer

Revenue Available

Total

in Collection Year

Mill Levy

Collections

Taxes

Fee

for Operations

District Mills

(2-year lag)

20.000 Target

100%

6%

1.50%

0
0
0
0
0
697
12,680
43,970
65,297
69,215
69,215
73,368
73,368
77,770
77,770
82,436
82,436
87,383
87,383
92,626
92,626
98,183
98,183
104,074
104,074
110,319
110,319
116,938
116,938
123,954
123,954
131,391
131,391
139,275
139,275
147,631
147,631
156,489
156,489
165,878
165,878
175,831
175,831
186,381
186,381
_______

0
0
0
0
0
42
761
2,638
3,918
4,153
4,153
4,402
4,402
4,666
4,666
4,946
4,946
5,243
5,243
5,558
5,558
5,891
5,891
6,244
6,244
6,619
6,619
7,016
7,016
7,437
7,437
7,883
7,883
8,356
8,356
8,858
8,858
9,389
9,389
9,953
9,953
10,550
10,550
11,183
11,183
________

0
0
0
0
0
(11)
(202)
(699)
(1,038)
(1,101)
(1,101)
(1,167)
(1,167)
(1,237)
(1,237)
(1,311)
(1,311)
(1,389)
(1,389)
(1,473)
(1,473)
(1,561)
(1,561)
(1,655)
(1,655)
(1,754)
(1,754)
(1,859)
(1,859)
(1,971)
(1,971)
(2,089)
(2,089)
(2,214)
(2,214)
(2,347)
(2,347)
(2,488)
(2,488)
(2,637)
(2,637)
(2,796)
(2,796)
(2,963)
(2,963)
__________

0
0
0
0
0
727
13,239
45,909
68,177
72,268
72,268
76,604
76,604
81,200
81,200
86,072
86,072
91,236
91,236
96,710
96,710
102,513
102,513
108,664
108,664
115,184
115,184
122,095
122,095
129,420
129,420
137,186
137,186
145,417
145,417
154,142
154,142
163,390
163,390
173,194
173,194
183,585
183,585
194,600
194,600
_______

4,400,930

264,056

(69,975)

4,595,011

0
0
0
0
0
35,000
637,171
2,209,529
3,281,278
3,478,154
3,478,154
3,686,844
3,686,844
3,908,054
3,908,054
4,142,538
4,142,538
4,391,090
4,391,090
4,654,555
4,654,555
4,933,829
4,933,829
5,229,858
5,229,858
5,543,650
5,543,650
5,876,269
5,876,269
6,228,845
6,228,845
6,602,576
6,602,576
6,998,730
6,998,730
7,418,654
7,418,654
7,863,773
7,863,773
8,335,600
8,335,600
8,835,735
8,835,735
9,365,880
9,365,880

0.000
0.000
0.000
0.000
0.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000
20.000

0.000
0.000
0.000
0.000
0.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000
75.000

Draft: For discussion purposes only

6

SOURCES AND USES OF FUNDS
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION BONDS, SERIES 2027
55.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date

12/01/2027
12/01/2027

Sources:
Bond Proceeds:
Par Amount

3,835,000.00
3,835,000.00

Uses:
Project Fund Deposits:
Project Fund
Regional Contribution
Other Fund Deposits:
Capitalized Interest Fund
Debt Service Reserve Fund

2,281,195.83
250,000.00
2,531,195.83
575,250.00
351,854.17
927,104.17

Cost of Issuance:
Other Cost of Issuance*

300,000.00

Delivery Date Expenses:
Underwriter's Discount

76,700.00
3,835,000.00

Aug 27, 2026 5:39 pm Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-27NRSPH)

7

BOND SUMMARY STATISTICS
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION BONDS, SERIES 2027
55.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date
First Coupon
Last Maturity

12/01/2027
12/01/2027
06/01/2028
12/01/2057

Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon

5.000000%
5.148691%
5.000000%
5.775588%
5.000000%

Average Life (years)
Weighted Average Maturity (years)
Duration of Issue (years)

24.039
24.039
13.874

Par Amount
Bond Proceeds
Total Interest
Net Interest
Bond Years from Dated Date
Bond Years from Delivery Date
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service

3,835,000.00
3,835,000.00
4,609,500.00
4,686,200.00
92,190,000.00
92,190,000.00
8,444,500.00
745,500.00
281,483.33

Underwriter's Fees (per $1000)
Average Takedown
Other Fee

20.000000

Total Underwriter's Discount

20.000000

Bid Price

98.000000

Bond Component
Term Bond due 2057

Par
Value
3,835,000.00

Price

Average
Coupon

Average
Life

Average
Maturity
Date

PV of 1 bp
change

100.000

5.000%

24.039

12/15/2051

5,944.25

3,835,000.00

24.039

5,944.25

TIC

All-In
TIC

Arbitrage
Yield

Par Value
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense
- Other Amounts

3,835,000.00

3,835,000.00

3,835,000.00

-76,700.00

-76,700.00
-300,000.00

Target Value

3,758,300.00

3,458,300.00

3,835,000.00

Target Date
Yield

12/01/2027
5.148691%

12/01/2027
5.775588%

12/01/2027
5.000000%

Aug 27, 2026 5:39 pm Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-27NRSPH)

8

BOND DEBT SERVICE
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION BONDS, SERIES 2027
55.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date
Period
Ending

Principal

06/01/2028
12/01/2028
06/01/2029
12/01/2029
06/01/2030
12/01/2030
06/01/2031
12/01/2031
06/01/2032
12/01/2032
06/01/2033
12/01/2033
06/01/2034
12/01/2034
06/01/2035
12/01/2035
06/01/2036
12/01/2036
06/01/2037
12/01/2037
06/01/2038
12/01/2038
06/01/2039
12/01/2039
06/01/2040
12/01/2040
06/01/2041
12/01/2041
06/01/2042
12/01/2042
06/01/2043
12/01/2043
06/01/2044
12/01/2044
06/01/2045
12/01/2045
06/01/2046
12/01/2046
06/01/2047
12/01/2047
06/01/2048
12/01/2048
06/01/2049
12/01/2049
06/01/2050
12/01/2050
06/01/2051
12/01/2051
06/01/2052
12/01/2052
06/01/2053
12/01/2053
06/01/2054
12/01/2054
06/01/2055
12/01/2055
06/01/2056
12/01/2056
06/01/2057
12/01/2057

10,000.00

5.000%

15,000.00

5.000%

25,000.00

5.000%

30,000.00

5.000%

40,000.00

5.000%

45,000.00

5.000%

60,000.00

5.000%

65,000.00

5.000%

80,000.00

5.000%

85,000.00

5.000%

105,000.00

5.000%

110,000.00

5.000%

135,000.00

5.000%

140,000.00

5.000%

165,000.00

5.000%

175,000.00

5.000%

200,000.00

5.000%

210,000.00

5.000%

240,000.00

5.000%

255,000.00

5.000%

290,000.00

5.000%

305,000.00

5.000%

340,000.00

5.000%

710,000.00

5.000%

3,835,000.00

Aug 27, 2026 5:39 pm Prepared by D.A. Davidson & Co. (PM)

Coupon

12/01/2027
12/01/2027

Interest

Debt Service

95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,625.00
95,625.00
95,250.00
95,250.00
94,625.00
94,625.00
93,875.00
93,875.00
92,875.00
92,875.00
91,750.00
91,750.00
90,250.00
90,250.00
88,625.00
88,625.00
86,625.00
86,625.00
84,500.00
84,500.00
81,875.00
81,875.00
79,125.00
79,125.00
75,750.00
75,750.00
72,250.00
72,250.00
68,125.00
68,125.00
63,750.00
63,750.00
58,750.00
58,750.00
53,500.00
53,500.00
47,500.00
47,500.00
41,125.00
41,125.00
33,875.00
33,875.00
26,250.00
26,250.00
17,750.00
17,750.00

95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
95,875.00
105,875.00
95,625.00
110,625.00
95,250.00
120,250.00
94,625.00
124,625.00
93,875.00
133,875.00
92,875.00
137,875.00
91,750.00
151,750.00
90,250.00
155,250.00
88,625.00
168,625.00
86,625.00
171,625.00
84,500.00
189,500.00
81,875.00
191,875.00
79,125.00
214,125.00
75,750.00
215,750.00
72,250.00
237,250.00
68,125.00
243,125.00
63,750.00
263,750.00
58,750.00
268,750.00
53,500.00
293,500.00
47,500.00
302,500.00
41,125.00
331,125.00
33,875.00
338,875.00
26,250.00
366,250.00
17,750.00
727,750.00

4,609,500.00

8,444,500.00

Annual
Debt Service
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
201,750.00
206,250.00
215,500.00
219,250.00
227,750.00
230,750.00
243,500.00
245,500.00
257,250.00
258,250.00
274,000.00
273,750.00
293,250.00
291,500.00
309,500.00
311,250.00
327,500.00
327,500.00
347,000.00
350,000.00
372,250.00
372,750.00
392,500.00
745,500.00
8,444,500.00

(Scenic Heights West MD
22:HNOV2425-27NRSPH)

9

NET DEBT SERVICE
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION BONDS, SERIES 2027
55.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Period
Ending
12/01/2028
12/01/2029
12/01/2030
12/01/2031
12/01/2032
12/01/2033
12/01/2034
12/01/2035
12/01/2036
12/01/2037
12/01/2038
12/01/2039
12/01/2040
12/01/2041
12/01/2042
12/01/2043
12/01/2044
12/01/2045
12/01/2046
12/01/2047
12/01/2048
12/01/2049
12/01/2050
12/01/2051
12/01/2052
12/01/2053
12/01/2054
12/01/2055
12/01/2056
12/01/2057

Principal

Interest

Total
Debt Service

10,000.00
15,000.00
25,000.00
30,000.00
40,000.00
45,000.00
60,000.00
65,000.00
80,000.00
85,000.00
105,000.00
110,000.00
135,000.00
140,000.00
165,000.00
175,000.00
200,000.00
210,000.00
240,000.00
255,000.00
290,000.00
305,000.00
340,000.00
710,000.00

191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,250.00
190,500.00
189,250.00
187,750.00
185,750.00
183,500.00
180,500.00
177,250.00
173,250.00
169,000.00
163,750.00
158,250.00
151,500.00
144,500.00
136,250.00
127,500.00
117,500.00
107,000.00
95,000.00
82,250.00
67,750.00
52,500.00
35,500.00

191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
201,750.00
206,250.00
215,500.00
219,250.00
227,750.00
230,750.00
243,500.00
245,500.00
257,250.00
258,250.00
274,000.00
273,750.00
293,250.00
291,500.00
309,500.00
311,250.00
327,500.00
327,500.00
347,000.00
350,000.00
372,250.00
372,750.00
392,500.00
745,500.00

351,854.17

3,835,000.00

4,609,500.00

8,444,500.00

351,854.17

Aug 27, 2026 5:39 pm Prepared by D.A. Davidson & Co. (PM)

Debt Service
Reserve Fund

Capitalized
Interest Fund

Net
Debt Service

191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
191,750.00
201,750.00
206,250.00
215,500.00
219,250.00
227,750.00
230,750.00
243,500.00
245,500.00
257,250.00
258,250.00
274,000.00
273,750.00
293,250.00
291,500.00
309,500.00
311,250.00
327,500.00
327,500.00
347,000.00
350,000.00
372,250.00
372,750.00
392,500.00
393,645.83
575,250.00

7,517,395.83

(Scenic Heights West MD
22:HNOV2425-27NRSPH)

10

BOND SOLUTION
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION BONDS, SERIES 2027
55.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Period
Ending
12/01/2028
12/01/2029
12/01/2030
12/01/2031
12/01/2032
12/01/2033
12/01/2034
12/01/2035
12/01/2036
12/01/2037
12/01/2038
12/01/2039
12/01/2040
12/01/2041
12/01/2042
12/01/2043
12/01/2044
12/01/2045
12/01/2046
12/01/2047
12/01/2048
12/01/2049
12/01/2050
12/01/2051
12/01/2052
12/01/2053
12/01/2054
12/01/2055
12/01/2056
12/01/2057

Proposed
Principal

Proposed
Debt Service

Debt Service
Adjustments
-191,750
-191,750
-191,750

10,000
15,000
25,000
30,000
40,000
45,000
60,000
65,000
80,000
85,000
105,000
110,000
135,000
140,000
165,000
175,000
200,000
210,000
240,000
255,000
290,000
305,000
340,000
710,000

191,750
191,750
191,750
191,750
191,750
191,750
201,750
206,250
215,500
219,250
227,750
230,750
243,500
245,500
257,250
258,250
274,000
273,750
293,250
291,500
309,500
311,250
327,500
327,500
347,000
350,000
372,250
372,750
392,500
745,500

3,835,000

8,444,500

Aug 27, 2026 5:39 pm Prepared by D.A. Davidson & Co. (PM)

Total Adj
Debt Service

Revenue
Constraints

Unused
Revenues

Debt Service
Coverage

-351,854

191,750
191,750
191,750
201,750
206,250
215,500
219,250
227,750
230,750
243,500
245,500
257,250
258,250
274,000
273,750
293,250
291,500
309,500
311,250
327,500
327,500
347,000
350,000
372,250
372,750
392,500
393,646

32,438
122,358
183,648
194,907
194,907
206,842
206,842
219,492
219,492
232,902
232,902
247,116
247,116
262,183
262,183
278,154
278,154
295,083
295,083
313,028
313,028
332,050
332,050
352,213
352,213
373,586
373,586
396,241
396,241

32,438
122,358
-8,102
3,157
3,157
5,092
592
3,992
242
5,152
2,152
3,616
1,616
4,933
3,933
4,154
4,404
1,833
3,583
3,528
1,778
4,550
4,550
5,213
2,213
1,336
836
3,741
2,595

95.77%
101.65%
101.65%
102.52%
100.29%
101.85%
100.11%
102.26%
100.93%
101.49%
100.66%
101.92%
101.52%
101.52%
101.61%
100.63%
101.23%
101.14%
100.57%
101.39%
101.39%
101.50%
100.63%
100.36%
100.22%
100.95%
100.66%

-927,104

7,517,396

7,746,038

228,642

(Scenic Heights West MD
22:HNOV2425-27NRSPH)

11

SOURCES AND USES OF FUNDS
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date

12/01/2037
12/01/2037

Sources:
Bond Proceeds:
Par Amount
Other Sources of Funds:
Funds on Hand*
SERIES 2026 - DSRF*

4,705,000.00
160,000.00
351,854.00
511,854.00
5,216,854.00

Uses:
Project Fund Deposits:
Project Fund

1,165,000.00

Refunding Escrow Deposits:
Cash Deposit

3,755,000.00

Cost of Issuance:
Other Cost of Issuance

200,000.00

Delivery Date Expenses:
Underwriter's Discount

94,100.00

Other Uses of Funds:
Rounding Amount

2,754.00
5,216,854.00

[*] Estimated balances (tbd).
Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

12

BOND SUMMARY STATISTICS
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date
First Coupon
Last Maturity

12/01/2037
12/01/2037
06/01/2038
12/01/2067

Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon

4.000000%
4.142032%
4.000000%
4.457823%
4.000000%

Average Life (years)
Weighted Average Maturity (years)
Duration of Issue (years)

22.238
22.238
14.461

Par Amount
Bond Proceeds
Total Interest
Net Interest
Bond Years from Dated Date
Bond Years from Delivery Date
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service

4,705,000.00
4,705,000.00
4,185,200.00
4,279,300.00
104,630,000.00
104,630,000.00
8,890,200.00
432,600.00
296,340.00

Underwriter's Fees (per $1000)
Average Takedown
Other Fee

20.000000

Total Underwriter's Discount

20.000000

Bid Price

98.000000

Bond Component
Term Bond due 2067

Par
Value
4,705,000.00

Price

Average
Coupon

Average
Life

Average
Maturity
Date

PV of 1 bp
change

100.000

4.000%

22.238

02/26/2060

8,186.70

4,705,000.00

22.238

8,186.70

TIC

All-In
TIC

Arbitrage
Yield

Par Value
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense
- Other Amounts

4,705,000.00

4,705,000.00

4,705,000.00

-94,100.00

-94,100.00
-200,000.00

Target Value

4,610,900.00

4,410,900.00

4,705,000.00

Target Date
Yield

12/01/2037
4.142032%

12/01/2037
4.457823%

12/01/2037
4.000000%

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

13

NET DEBT SERVICE
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Period
Ending
12/01/2038
12/01/2039
12/01/2040
12/01/2041
12/01/2042
12/01/2043
12/01/2044
12/01/2045
12/01/2046
12/01/2047
12/01/2048
12/01/2049
12/01/2050
12/01/2051
12/01/2052
12/01/2053
12/01/2054
12/01/2055
12/01/2056
12/01/2057
12/01/2058
12/01/2059
12/01/2060
12/01/2061
12/01/2062
12/01/2063
12/01/2064
12/01/2065
12/01/2066
12/01/2067

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

Principal

Interest

Total
Debt Service

Net
Debt Service

15,000.00
15,000.00
25,000.00
30,000.00
40,000.00
45,000.00
60,000.00
60,000.00
80,000.00
80,000.00
100,000.00
105,000.00
125,000.00
130,000.00
155,000.00
160,000.00
185,000.00
190,000.00
220,000.00
230,000.00
255,000.00
265,000.00
300,000.00
310,000.00
350,000.00
360,000.00
400,000.00
415,000.00

188,200.00
188,200.00
188,200.00
187,600.00
187,000.00
186,000.00
184,800.00
183,200.00
181,400.00
179,000.00
176,600.00
173,400.00
170,200.00
166,200.00
162,000.00
157,000.00
151,800.00
145,600.00
139,200.00
131,800.00
124,200.00
115,400.00
106,200.00
96,000.00
85,400.00
73,400.00
61,000.00
47,000.00
32,600.00
16,600.00

188,200.00
188,200.00
203,200.00
202,600.00
212,000.00
216,000.00
224,800.00
228,200.00
241,400.00
239,000.00
256,600.00
253,400.00
270,200.00
271,200.00
287,000.00
287,000.00
306,800.00
305,600.00
324,200.00
321,800.00
344,200.00
345,400.00
361,200.00
361,000.00
385,400.00
383,400.00
411,000.00
407,000.00
432,600.00
431,600.00

188,200.00
188,200.00
203,200.00
202,600.00
212,000.00
216,000.00
224,800.00
228,200.00
241,400.00
239,000.00
256,600.00
253,400.00
270,200.00
271,200.00
287,000.00
287,000.00
306,800.00
305,600.00
324,200.00
321,800.00
344,200.00
345,400.00
361,200.00
361,000.00
385,400.00
383,400.00
411,000.00
407,000.00
432,600.00
431,600.00

4,705,000.00

4,185,200.00

8,890,200.00

8,890,200.00

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

14

SUMMARY OF BONDS REFUNDED
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Bond

Maturity
Date

Interest
Rate

Par
Amount

11/24/25: Ser 27 NR SP, 5.00%, 100x, 55.000mls, FG+6% BiRE:
TERM57
12/01/2038
5.000%
40,000.00
12/01/2039
5.000%
45,000.00
12/01/2040
5.000%
60,000.00
12/01/2041
5.000%
65,000.00
12/01/2042
5.000%
80,000.00
12/01/2043
5.000%
85,000.00
12/01/2044
5.000%
105,000.00
12/01/2045
5.000%
110,000.00
12/01/2046
5.000%
135,000.00
12/01/2047
5.000%
140,000.00
12/01/2048
5.000%
165,000.00
12/01/2049
5.000%
175,000.00
12/01/2050
5.000%
200,000.00
12/01/2051
5.000%
210,000.00
12/01/2052
5.000%
240,000.00
12/01/2053
5.000%
255,000.00
12/01/2054
5.000%
290,000.00
12/01/2055
5.000%
305,000.00
12/01/2056
5.000%
340,000.00
12/01/2057
5.000%
710,000.00

Call
Date

Call
Price

12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037
12/01/2037

100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000
100.000

3,755,000.00

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

15

ESCROW REQUIREMENTS
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Dated Date
Delivery Date

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

12/01/2037
12/01/2037

Period
Ending

Principal
Redeemed

Total

12/01/2037

3,755,000.00

3,755,000.00

3,755,000.00

3,755,000.00

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

16

PRIOR BOND DEBT SERVICE
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Period
Ending

Principal

Coupon

Interest

Debt Service

12/01/2038
12/01/2039
12/01/2040
12/01/2041
12/01/2042
12/01/2043
12/01/2044
12/01/2045
12/01/2046
12/01/2047
12/01/2048
12/01/2049
12/01/2050
12/01/2051
12/01/2052
12/01/2053
12/01/2054
12/01/2055
12/01/2056
12/01/2057

40,000.00
45,000.00
60,000.00
65,000.00
80,000.00
85,000.00
105,000.00
110,000.00
135,000.00
140,000.00
165,000.00
175,000.00
200,000.00
210,000.00
240,000.00
255,000.00
290,000.00
305,000.00
340,000.00
710,000.00

5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%

187,750.00
185,750.00
183,500.00
180,500.00
177,250.00
173,250.00
169,000.00
163,750.00
158,250.00
151,500.00
144,500.00
136,250.00
127,500.00
117,500.00
107,000.00
95,000.00
82,250.00
67,750.00
52,500.00
35,500.00

227,750.00
230,750.00
243,500.00
245,500.00
257,250.00
258,250.00
274,000.00
273,750.00
293,250.00
291,500.00
309,500.00
311,250.00
327,500.00
327,500.00
347,000.00
350,000.00
372,250.00
372,750.00
392,500.00
745,500.00

2,696,250.00

6,451,250.00

3,755,000.00

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

17

BOND SOLUTION
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
JEFFERSON COUNTY, COLORADO
GENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2037
Pay & Cancel Refunding of (proposed) Series 2027 + New Money
55.000 (target) Mills
Assumes Investment Grade, $1.165M Project, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
~~~
Period
Ending
12/01/2038
12/01/2039
12/01/2040
12/01/2041
12/01/2042
12/01/2043
12/01/2044
12/01/2045
12/01/2046
12/01/2047
12/01/2048
12/01/2049
12/01/2050
12/01/2051
12/01/2052
12/01/2053
12/01/2054
12/01/2055
12/01/2056
12/01/2057
12/01/2058
12/01/2059
12/01/2060
12/01/2061
12/01/2062
12/01/2063
12/01/2064
12/01/2065
12/01/2066
12/01/2067

Proposed
Principal

Proposed
Debt Service

Total Adj
Debt Service

Revenue
Constraints

Unused
Revenues

Debt Service
Coverage

15,000
15,000
25,000
30,000
40,000
45,000
60,000
60,000
80,000
80,000
100,000
105,000
125,000
130,000
155,000
160,000
185,000
190,000
220,000
230,000
255,000
265,000
300,000
310,000
350,000
360,000
400,000
415,000

188,200
188,200
203,200
202,600
212,000
216,000
224,800
228,200
241,400
239,000
256,600
253,400
270,200
271,200
287,000
287,000
306,800
305,600
324,200
321,800
344,200
345,400
361,200
361,000
385,400
383,400
411,000
407,000
432,600
431,600

188,200
188,200
203,200
202,600
212,000
216,000
224,800
228,200
241,400
239,000
256,600
253,400
270,200
271,200
287,000
287,000
306,800
305,600
324,200
321,800
344,200
345,400
361,200
361,000
385,400
383,400
411,000
407,000
432,600
431,600

232,902
232,902
247,116
247,116
262,183
262,183
278,154
278,154
295,083
295,083
313,028
313,028
332,050
332,050
352,213
352,213
373,586
373,586
396,241
396,241
420,255
420,255
445,711
445,711
472,693
472,693
501,295
501,295
531,612
531,612

44,702
44,702
43,916
44,516
50,183
46,183
53,354
49,954
53,683
56,083
56,428
59,628
61,850
60,850
65,213
65,213
66,786
67,986
72,041
74,441
76,055
74,855
84,511
84,711
87,293
89,293
90,295
94,295
99,012
100,012

123.75%
123.75%
121.61%
121.97%
123.67%
121.38%
123.73%
121.89%
122.24%
123.47%
121.99%
123.53%
122.89%
122.44%
122.72%
122.72%
121.77%
122.25%
122.22%
123.13%
122.10%
121.67%
123.40%
123.47%
122.65%
123.29%
121.97%
123.17%
122.89%
123.17%

4,705,000

8,890,200

8,890,200

10,908,242

2,018,042

Aug 27, 2026 6:45 am Prepared by D.A. Davidson & Co. (PM)

(Scenic Heights West MD
22:HNOV2425-37IG27H,37IG27H)

18

CITY OF ARVADA 2022 MODELMULTIPLE DISTRICT SERVICE PLANMODEL
SERVICE PLAN
FOR
SCENIC HEIGHTS WEST METROPOLITAN DISTRICT
CITY OF ARVADA, COLORADO
Prepared
by
[NAME OF PERSON OR ENTITY]WBA, PC
[ADDRESS]2154 East Commons Avenue, Suite 2000
[ADDRESS]Centennial, CO 80122
[DATE]Submitted: August 27, 2026

TABLE OF CONTENTS
ARTICLE I: INTRODUCTION

1

ARTICLE II: DEFINITIONS ..........................................................................................................2
ARTICLE III: BOUNDARIES........................................................................................................6
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION ..................................................................................................................................6

i

ii

iii

LIST OF EXHIBITS
EXHIBIT A

Legal Descriptions

EXHIBIT B

Arvada Vicinity Map

EXHIBIT C-1

Initial District Boundary Map

EXHIBIT C-2

Inclusion Area Boundary Map

EXHIBIT D

Intergovernmental Agreement between the District and Arvada

EXHIBIT C

Initial District Boundary Map

EXHIBIT D

Intergovernmental Agreement between the District and City

EXHIBIT E

Model Notice

EXHIBIT F

Financial Plan

iv

ARTICLE I: INTRODUCTION
Purpose and Intent.
The Districts are an independent unit of local government, separate and distinct
from the City, and, except as may otherwise be provided for by State or local law or this Service
Plan, its activities are subject to review by the City only insofar as they may deviate in a material
matter from the requirements of the Service Plan. It is intended that the Districts will provide a
part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and
taxpayers of the Districts. The primary purpose of the Districts will be to finance the construction
of these Public Improvements.
The Districts are not being created to provide ongoing operations and maintenance
services other than as specifically set forth in this Service Plan.
This multiple-district Service Plan is intended to accommodate the phasing of the
Project and the infrastructure needs of each phase. It is contemplated that the Districts will
cooperate with each other on certain infrastructure that benefits the taxpayers and inhabitants of
the Service Area, and that each District will additionally have its own particular infrastructure
needs.
Need for the Districts.
The District is an independent unit of local government, separate and distinct from the City,
and, except as may otherwise be provided for by State or local law or this Service Plan, its activities
are subject to review by the City only insofar as they may deviate in a material matter from the
requirements of the Service Plan. It is intended that the District will provide a part or all of the
Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the
District. The primary purpose of the District will be to finance the construction of these Public
Improvements.
The District is not being created to provide ongoing operations and maintenance services
other than as specifically set forth in this Service Plan.
A. Need for the District.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the DistrictsDistrict that consider it desirable, feasible or practical to
undertake the planning, design, acquisition, constructionconstruction, installation, relocation,
redevelopment, and financing of the Public Improvements needed for the Project. Formation of
the Districts areDistrict is therefore necessary in order for the Public Improvements required for
the Project to be provided in the most economic manner possible.
Objective of the City Regarding District’s Service Plan.
The City’s objective in approving the Service Plan for the DistrictsDistrict is to authorize
the DistrictsDistrict to provide for the planning, design, acquisition, construction, installation,
relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued

by the Districts.District. All Debt is expected to be repaid by taxes imposed and collected for no
longer than the Maximum Debt Mill Levy Imposition Term for residential properties and at a tax
mill levy no higher than the Maximum Debt Mill Levy for all properties, and/or repaid by Public
Improvement Fees, Special Assessments and/or Fees, as long as such Fees are not imposed upon
or collected from property owned or occupied by an End User for the purpose of creating a capital
cost payment obligation as further described in Section V.13.V.P. Debt which is issued within
these parameters and, as further described in the Financial Plan, will insulate property owners from
excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and
reasonable discharge of the Debt.
This Service Plan is intended to establish a limited purpose for the DistrictsDistrict and
explicit financial constraints that are not to be violated under any circumstances. The primary
purpose is to provide for the Public Improvements associated with development and regional
needs. Operational activities are allowed, but only through an intergovernmental agreement with
the City. EachThe District shall dissolve upon payment or defeasance of all Debt incurred or upon
a court determination that adequate provision has been made for the payment of all Debt, except
that if the District has ongoing operation and maintenance functions authorized under an
intergovernmental agreement with the City, the District shall not be required to dissolve but shall
retain only the power necessary to impose and collect the Operation and Maintenance Mill Levy,
Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance
Costs. Additionally, if the Board of Directors of athe District determines that the existence of
thatthe District is no longer necessary to accomplish the purposes set forth in this Service Plan, the
Board of Directors of thatthe District shall promptly effectuate the dissolution of thatthe District.
It is the intent of the DistrictsDistrict to dissolve upon payment or defeasance of all Debt
incurred or upon a court determination that adequate provision has been made for the payment of
all Debt.
The DistrictsDistrict shall be authorized to finance the Public Improvements that can be
funded from Debt to be repaid from Fees or from tax revenues collected from a mill levy which
shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt
Mill Levy Imposition Term on residential properties. It is the intent of this Service Plan to assure
to the extent possible that no property bear an economic burden that is greater than that associated
with the Maximum Debt Mill Levy in amount and that no property developed for a residential use
bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy
Imposition Term in duration even under bankruptcy or other unusual situations. Generally, the cost
of Public Improvements that cannot be funded within these parameters are not costs to be paid by
the Districts.District. With regard to Regional Improvements, this Service Plan also provides for
the DistrictsDistrict to pay a portion of the cost of regional infrastructure as part of ensuring that
development and those that benefit from development pay for the associated costs.
ARTICLE II: DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless
the context hereof clearly requires otherwise:

2

Annual Report: means the annual report required to be submitted to the City pursuant to Article
VIII below.
Approved Development Plan: means a Final Development Plan or other process established by
the City for identifying, among other things, Public Improvements necessary for facilitating
development for property within the Service Area as approved by the City pursuant to the City
Code and as amended pursuant to the City Code from time to time.
ARI or Regional Improvements: means Arvada Regional Improvements, as further defined in the
City Code.
ARI or Regional Improvements Mill Levy: means the following:
A.
For districts with property within their boundaries developed with any residential
uses means the mill levy imposed for payment of the costs of the planning, design,
permitting, construction, acquisition and financing of the regional improvements (i) shall
be one (1) mill for collection beginning for each district in the first year of collection of a
debt service mill levy by such district and continuing in each year thereafter through the
twentieth (20th) year; and (ii) shall be five (5) mills from the twenty-first (21st) year
through the date of repayment of the debt incurred for Public Improvements, other than
Regional Improvements; and (iii) for an additional ten (10) years, the mill levy shall be
equal to the average debt service mill levy imposed by such district in the ten (10) years
prior to the date of repayment of the debt incurred for Public Improvements other than
Regional Improvements; and
B.
For districts with property within their boundaries developed solely for commercial
uses means the mill levy imposed for payment of the costs of the planning, design,
permitting, construction, acquisition and financing of the improvements which (i) shall be
one (1) mill for collection beginning for each district in the first year of collection of a debt
service mill levy by such district and continuing in each year thereafter through the
twentieth (20th) year; (ii) shall be one and one-half (1.5) mills from the twenty-first (21st)
year through the date of repayment of debt incurred for Public Improvements, other than
Regional Improvements; and (iii) for five (5) years thereafter, the mill levy shall be the
lesser of twenty (20) mills or a mill levy equal to the average debt service mill levy imposed
by such district in the ten (10) years prior to the date of repayment of debt issued for Public
Improvements, other than Regional Improvements; and
C.
Any district may, pursuant to any intergovernmental agreement with the City,
extend the term for application of the ARI Mill Levy beyond the years set forth in A and
B above. The Maximum Mill Levy Imposition Term shall include the terms set forth in A
and B above and any extension of the term as approved in an intergovernmental agreement
as described herein.
D.
All mills described in this ARI Mill Levy definition shall be subject to adjustment
as follows: On or after the January 1 following the date of approval of this Service Plan,
if there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut or abatement; the ARI Mill Levy described above may be

3

increased or decreased to reflect such changes, such increases or decreases to be
determined by the Board in good faith (such determination to be binding and final) so that
to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for
changes occurring after the January 1 following the date of approval of this Service Plan,
are neither diminished nor enhanced as a result of such changes, for purposes of the
foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the
method of calculating assessed valuation.
E. The City may, at its sole discretion, require a cash lump sum payment for Regional
Improvements in addition to, or as an alternative to,to imposing an ARI mill levy.
Board: means the board of directors of the District.
Bond, Bonds or Debt: means bonds or other obligations (i) for the payment of which one or more
of the Districts haveDistrict has promised to impose an ad valorem property tax mill levy; (ii) for
the payment of which one or more the Districts haveDistrict has promised to impose and collect
Fees; or (iii) to which the Districts haveDistrict has pledged any of its revenues.
City: means the City of Arvada, Colorado.
City Code: means the City Code of the City of Arvada, Colorado.
City Council: means the City Council of the City of Arvada, Colorado.
District: means [FILL DISTRICT NAME AND/OR NUMBER] District No. .
Districts: means [FILL IN EACH DISTRICT NUMBER COLLECTIVELY]District No.
1 and District Nos. , , (fill in number of each District), collectively.
End User: means any owner, or tenant of any owner, of any taxable improvement within
the Districts who is intended to become burdened by the imposition of ad valorem property
taxes subject to the Maximum Debt Mill Levy. By way of illustration, a resident
homeowner, renter, commercial property owner, or commercial tenant is an End User. The
business entity that constructs homes or commercial structures within the Districts with the
intention of selling to others is not an End User.
District: means Scenic Heights West Metropolitan District.
End User: means any owner, or tenant of any owner, of any taxable improvement within the
District who is intended to become burdened by the imposition of ad valorem property taxes
subject to the Maximum Debt Mill Levy. By way of illustration, a resident homeowner, renter,
commercial property owner, or commercial tenant is an End User. The business entity that
constructs homes or commercial structures within the District with the intention of selling to others
is not an End User.
External Fee Advisor: means a consultant that: (i) advises Colorado governmental entities on
matters relating to the imposition of Fees by Colorado governmental entities, including matters
such as the rates and structures of such Fees; and (ii) is not an officer or employee of any of the
4

DistrictsDistrict and has not been otherwise engaged to provide services in connection with a
transaction related to the issuance of Debt payable from such Fees.
External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities
on matters relating to the issuance of securities by Colorado governmental entities, including
matters such as the pricing, sales and marketing of such securities and the procuring of bond
ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter,
investment banker, or individual listed as a public finance advisor in the Bond Buyer’s Municipal
Market Place; and (iii) is not an officer or employee of any of the DistrictsDistrict and has not been
otherwise engaged to provide services in connection with the transaction related to the applicable
Debt.
Fee(s): means any fee imposed by the DistrictsDistrict for services, programs or facilities provided
by the Districts,District, as described in Section V.13.V.P. below.
Final Development Plan: means a site plan or final development plan or other process established
by the City for identifying, among other things, Public Improvements necessary for facilitating
development for property within the Districts’District’s Service Area as approved by the City
pursuant to the City Code and as amended pursuant to the City Code from time to time.
Financial Plan: means the combined Financial Plan of the Districts attached hereto as
Exhibit F and described in Article VII which describes (i) how the Public Improvements
are to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated
operating revenue derived from property taxes for the first budget year.
Inclusion Area Boundaries: means the boundaries of the area described in the Inclusion
Area Boundary Map.
Inclusion Area Boundary Map: means the map attached hereto as Exhibit C-2, describing
the property proposed for inclusion within one, but not any more than one, of the
boundaries of the Districts.
Financial Plan: means the Financial Plan of the District attached hereto as and described in which
describes (i) how the Public Improvements are to be financed; (ii) how the Debt is expected to be
incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget
year.
Initial District Boundaries: means the boundaries of the area described in the Initial District
Boundary Map.
Initial District Boundary Map: means the map attached hereto as Exhibit C-1,C, describing the
District’s initial boundaries.
Intergovernmental Agreement: means the intergovernmental agreement between the
District and the City, a form of which is attached hereto as Exhibit D. The
Intergovernmental Agreement may be amended from time to time by the District and the
City.

5

Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for
payment of Debt, exclusive of the Regional Improvements Mill Levy and the Operation and
Maintenance Mill Levy, as set forth in Section VII.C below.
Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of
a mill levy on a particular property developed for residential uses as set forth in Section
VII.D below.
Operation and Maintenance Costs: means (1) the costs of ongoing administrative, accounting, and
legal services to the District; and (2) the costs of any programming or services provided by the
Districts;District; and (3) any ongoing operation and maintenance costs or the costs of repair,
replacement, and depreciation of the Public Improvements if so provided in an intergovernmental
agreement between the Districts.Improvements. Operation and Maintenance Costs shall not
include any ongoing operation and maintenance costs or the costs of repair, replacement, and
depreciation of Public Improvements dedicated to the City unless provided for in an
intergovernmental agreement with the City.
Operation and Maintenance Mill Levy: means the mill levy the Districts areDistrict is permitted
to impose for the payment of the District’s Operation and Maintenance Costs, as set forth in
Section V.2V.B below.
Project: means the development or property commonly referred to as [COMMON NAME].Scenic
Heights West.
Property: means real or personal property within the Service Area subject to ad valorem taxes
imposed by the Districts.District.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped and financed as generally
described in the Special District Act, except as specifically limited in Section V below to
serve the future taxpayers and inhabitants of the Service Area as determined by the Board
of the District.
Public Improvement Fee: means revenue received by the District from a public
improvement fee on taxable retail sales transactions occurring within the District, or similar
fee imposed by the owner of property in the District on similar transactions.
Regional Improvements: means Public Improvements and facilities that benefit the Service Area
and which are to be financed pursuant to Section VI below.
Service Area: means the property within the Initial District Boundary Map and the Inclusion Area
Boundary Map.
Service Plan: means this service plan for the DistrictsDistrict approved by City Council.
Service Plan Amendment: means an amendment to the Service Plan approved by City Council in
accordance with the City’s ordinance and the applicable state law.

6

Special Assessment: means the levy of an assessment within the boundaries of a special
improvement district pursuant to Section V.15.V.R.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes, as
amended from time to time.
State: means the State of Colorado.
ARTICLE III: BOUNDARIES
The area of the Initial District Boundaries includes approximately ____ acres and the total
area proposed to be included in the Inclusion Area Boundaries is approximately ___seven (7)
acres. A legal description of the Initial District Boundaries and the Inclusion Area Boundaries is
attached hereto as Exhibit A. A vicinity map is attached hereto as Exhibit B. A map of the Initial
District Boundaries is attached hereto as Exhibit C-1, and a map of the Inclusion Area Boundaries
is attached hereto as Exhibit C-2.C. It is anticipated that the District’s boundaries may change from
time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S.,
and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Article V below.
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION
The Service Area consists of approximately ___seven (7) acres of land. The current
assessed valuation of the Service Area is $0.00 for purposes of this Service Plan and, at build out,
is expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The
population of the District at build-out is estimated to be approximately ___ people.one-hundred
ninety-two (192) people (based on 2.5 persons per residential unit and 77 residential units).
Approval of this Service Plan by the City does not imply approval of the development of a
specific area within the District, nor does it imply approval of the number of residential units or
the total site/floor area of commercial or industrial buildings identified in this Service Plan or any
of the exhibits attached thereto, unless the same is contained within an Approved Development
Plan.
Approval of this Service Plan by the City in no way releases or relieves the developer of
the Project, or the landowner or any sub-divider of the Project property, or any of their respective
successors or assigns, of obligations to construct public improvements for the Project or of
obligations to provide to the City such financial guarantees as may be required by the City to
ensure the completion of the Public Improvements, or of any other obligations to the City under
the City Municipal Code or any applicable annexation agreement, subdivision agreement, or other
agreements affecting the Project property or development thereof.
ARTICLE V: DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND
SERVICES
1.
Powers of the District and Service Plan Amendment. The DistrictsDistrict shall
have the power and authority to provide the Public Improvements and related operation and
7

maintenance services within and without the boundaries of the DistrictsDistrict as such power and
authority is described in the Special District Act, and other applicable statutes, common law and
the Constitution, subject to the limitations set forth herein.
2.
Operations and Maintenance Limitation. The purpose of the DistrictsDistrict is to
plan for, design, acquire, construct, install, relocate, redevelop and finance the Public
Improvements. The DistrictsDistrict shall dedicate the Public Improvements to the City or other
appropriate jurisdiction or owners association in a manner consistent with the Approved Final
Development Plan and other rules and regulations of the City and applicable provisions of the City
Code. If set forth in an intergovernmental agreement with the City, the DistrictsDistrict shall be
authorized to own, operate and maintain Public Improvements not otherwise required to be
dedicated to the City or other public entity, including, but not limited to street improvements
(including roads, curbs, gutters, culverts, sidewalks, bridges, parking facilities, paving, lighting,
grading, landscaping, and other street improvements), traffic and safety controls, retaining walls,
park and recreation improvements and facilities, trails, open space, landscaping, drainage
improvements (including detention and retention ponds, trickle channels, and other drainage
facilities), irrigation system improvements (including wells, pumps, storage facilities, and
distribution facilities), and all necessary equipment and appurtenances incident thereto. Any Fee
imposed by the District for access to such park and recreation improvements shall not result in
residents of the City who do not reside in any of the DistrictsDistrict paying a user fee that is
grossly disproportionate to similar Fees paid by residents of the DistrictsDistrict based on pro rata
use of such park and recreation improvements. However, the DistrictsDistrict shall be entitled to
impose an administrative Fee as necessary to cover additional expenses associated with residents
of the City who do not reside in the DistrictsDistrict to ensure that such costs are not the
responsibility of District residents. All such Fees shall be based upon the District’s determination
that such Fees do not exceed reasonable annual market fees for users of such facilities.
Notwithstanding the foregoing, all parks and trails owned by the DistrictsDistrict shall be open to
the general public and residents of the City who do not reside in any of the DistrictsDistrict free
of charge, subject to the rules and regulations of the DistrictsDistrict as adopted from time to time.
Trails which are interconnected with a city or regional trail system shall be open to the public free
of charge and on the same basis as residents and owners of Property within the Districts.District.
In the event that the DistrictsDistrict imposes a mill levy for operation and maintenance
purposes, such mill levy shall not exceed [___]20.000 mills (the “Operation and
Maintenance Mill Levy”); provided, however, that if, on or after date of adoption of this
Service Plan, there are changes in the method of calculating assessed valuation or any
constitutionally mandated tax credit, cut, or abatement, the Operation and Maintenance
Mill Levy may be increased or decreased to reflect such changes, such increases and
decreases to be determined by the Board in good faith (such determination to be binding
and final) so that to the extent possible, the actual tax revenues generated by the Operation
and Maintenance Mill Levy, as so adjusted, are neither diminished nor enhanced as a result
of such changes. For the purposes of the foregoing, a change in the ratio of actual valuations
shall be deemed a change in the method of calculating assessed valuation.
3.
Fire Protection Limitation. The DistrictsDistrict shall not be authorized to plan for,
design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection
facilities or services, unless such facilities and services are provided pursuant to an
8

intergovernmental agreement with the appropriate fire district. The authority to plan for, design,
acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements
installed as part of the water system shall not be limited by this provision.
4.
Television Relay and Translation Limitation. The DistrictsDistrict shall not be
authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or
maintain television relay and translation facilities and services, other than for the installation of
conduit as a part of a street construction project, unless such facilities and services are provided
pursuant to an intergovernmental agreement with the City.
5.
Telecommunication Facilities. The Districts agreeDistrict agrees that no
telecommunication facilities shall be constructed except pursuant to an intergovernmental
agreement with the City and that no such facilities owned, operated or otherwise allowed by the
DistrictsDistrict shall affect the ability of the City to expand its telecommunication facilities or
impair existing telecommunication facilities.
6.
Golf Course Construction Limitation. Acknowledging that the City has financed
public golf courses and desires to coordinate the construction of public golf courses in the City’s
boundaries, the DistrictsDistrict shall not be authorized to plan, design, acquire, construct, install,
relocate, redevelop, finance, operate or maintain a golf course unless such activity is pursuant to
an intergovernmental agreement with the City.
7.
Zoning and Land Use Requirements. The DistrictsDistrict shall be subject to all of
the City’s zoning, subdivision, building code and other land use requirements.
8.
Growth Limitations. The City shall not be limited in implementing City Council or
voter approved growth limitations, even though such actions may reduce or delay development
within the DistrictsDistrict and the realization of District revenue.
9.
Construction Standards Limitation. The DistrictsDistrict will ensure that the Public
Improvements are designed and constructed in accordance with the standards and specifications
of the City and of other governmental entities having proper jurisdiction. The DistrictsDistrict will
obtain the City’s approval of civil engineering plans and will obtain applicable permits for
construction and installation of Public Improvements prior to performing such work.
10.
Eminent Domain Limitation. The DistrictsDistrict shall be authorized to utilize the
power of eminent domain only with the consent of the City and in accordance with the
Intergovernmental Agreement. In the event the limit on the Districts’District’s ability to exercise
the power of eminent domain inhibits the Districts’District’s ability to issue debt,Debt, or will
cause the interest on any Debt issued by the DistrictsDistrict to be included in gross income for
federal income tax purposes, and the DistrictsDistrict shall have obtained the written opinion of
bond counsel with respect to the foregoing, the limit set forth herein or in the Intergovernmental
Agreement on the Districts’District’s ability to exercise the power of eminent domain shall be of
no further force or effect and shall be retroactive to the date of the organization of the
DistrictsDistrict if the avoidance of the interest on Debt being included in gross income for federal
income tax purposes as described in this paragraph so necessitates.

9

11.
Privately Placed Debt Limitation. Prior to the issuance of any privately placed debt,
the DistrictsDistrict shall obtain and provide the City with the certification of an External Financial
Advisor substantially as follows:
We are [I am] External Financial Advisor within the meaning of the District’s Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a
reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate
by us [me] and based upon our [my] analysis of comparable high yield securities; and (2)
the structure of [insert designation of the Debt], including maturities and early redemption
provisions, is reasonable considering the financial circumstances of the District.
For purposes of this Section, “privately placed debt” includes any debt or annually
appropriated obligation that is sold to a private entity, including financial institutions, developers,
or other private entities, and which no offering document related to such sale is required. “Privately
placed debt” does not include the sale of Debt to an underwriter who purchases Debt from the
DistrictsDistrict with a view to the distribution to investors of Debt.
In no event shall Debt that is privately placed with a developer or owner of the property to
be benefitted with Public Improvements or annually appropriated obligation privately placed with
a developer or owner of the property to be benefitted with Public Improvements bear interest at a
rate that accrues at a compounding rate. Each instrument evidencing Debt or an annually
appropriated obligation that is privately placed with a developer or owner of the property to be
benefitted with Public Improvements shall provide that the Districts’District’s obligations
thereunder shall be discharged 40 years after the date that such obligation is issued regardless of
whether such obligation is paid in full.
12.
Inclusion and Exclusion Limitation. The DistrictsDistrict shall not include within
any of their boundaries any property outside the Service Area without the prior written consent of
the City, which consent shall be evidenced by resolution. The District shall provide the City with
notice of any inclusion of property within the boundaries of the Service Area. The District shall
not exclude any property from its boundaries without the prior consent of the City Council, which
consent shall be evidenced by resolution. NoThe District shall not exclude from its boundaries
property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such
property into another district that has been or will be formed under the Special District Act, without
the prior written consent of the City, which consent shall be evidenced by resolution.
13.
Overlap Limitation. The boundaries of the Districts shall not overlap. The
boundaries of the DistrictsDistrict shall not overlap with the boundaries of another district
organized under the Special District Act without the prior consent of the City as evidenced by a
resolution of the City Council. Additionally, the DistrictsDistrict shall not consent to the
organization of any other district organized under the Special District Act within the Service Area
which will overlap the boundaries of the Districts.District.
14.
Initial Debt Limitation. On or before the effective date of approval by the City of
an Approved Development Plan, the DistrictsDistrict shall not: (a) issue any Debt; or (b) impose
10

a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating
fund to the Debt service funds; or (c) impose and collect any Fees used for the purpose of
repayment of Debt.
15.
Total Debt Issuance Limitation. The DistrictsDistrict shall not issue Debt in the
total aggregate principal amount in excess of $[_______] (combined aggregate limit for all
Districts), including$5,000,000 (including the aggregate principal amount of Debt issued for
Regional Improvements.Improvements). The DistrictsDistrict shall only issue Debt with
repayment terms within 40 years of the issue date of such Debt. Such total debt issuance limitation
shall not be applicable to Debt issued to refund existing Debt unless the aggregate principal amount
of the Debt issued for refunding purposes exceeds the aggregate principal amount of Debt to be
refunded, in which case the difference shall be counted against this limitation.
16.
Fee Limitation. Each of the DistrictsThe District may impose and collect Fees as a
source of revenue for repayment of Debt, capital costs, and/or for operations and maintenance.
Prior to the imposition of any Fee or any amendment to increase the rate or amount of any Fee, the
DistrictsDistrict shall provide the City with the certification of an External Fee Advisor
substantially as follows:
We are [I am] External Fee Advisor within the meaning of the District’s Service Plan.
We [I] certify that the [insert the designation of the Fee] to be imposed by the District at
[insert rate or amount of Fee] does not exceed a reasonable current rate, using criteria
deemed appropriate by us [me] and based upon our [my] analysis of Fees imposed for
similar purposes; and (2) the structure of [insert the designation of the Fee], including the
relative burden shared by the property and persons upon which the Fee is imposed in
relation to the benefit received by such property and persons, is reasonable considering the
financial circumstances of the District and similar Fees imposed for similar purposes.
No Fee related to the funding of costs of a capital nature shall be authorized to be
imposed upon or collected from property owned or occupied by an End User which has the
effect, intentional or otherwise, of creating a capital cost payment obligation in any year
on any property owned or occupied by an End User. Notwithstanding any of the foregoing,
the restrictions in this definition shall not apply to any Fee imposed upon or collected from
property for the purpose of funding operation and maintenance costs of the District.
17.
Public Improvement Fees. With the prior written consent of the City, each of the
DistrictsDistrict may impose and collect and receive revenue from a Public Improvement Fee on
taxable retail sales transactions within the applicable District’s boundaries.
18.
Special Assessments. With the prior written consent of the City, each of the
DistrictsDistrict may establish one or more special improvement districts within the applicable
District’s boundaries and may levy a Special Assessment within the special improvement district
in order to finance all or part of the costs of any Public Improvements to be constructed or installed
that the District is authorized to finance.

11

19.
Moneys from Other Governmental or Non-Profit Sources. The DistrictsDistrict
shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other
funds available from or through governmental or non-profit entities that the City is eligible to apply
for, except pursuant to an intergovernmental agreement with the City. This Section shall not apply
to specific ownership taxes which shall be distributed to and a revenue source for the
DistrictsDistrict without any limitation.
20.
Consolidation Limitation. The DistrictsDistrict shall not file a request with any
court to consolidate with another Title 32 district without the prior written consent of the City
unless such consolidation is with District [___].City.
21.
Bankruptcy Limitation. All of the limitations contained in this Service Plan,
including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt
Mill Levy Imposition Term and the Fees have been established under the authority of the City to
approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly
intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of competent jurisdiction,
absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law, included in the “political or
governmental powers” reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.)
Section 903, and are also included in the “regulatory or electoral approval necessary under
applicable nonbankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy
Plan under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill
Levy or the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification
of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance
of Debt unless and until such material modification has been approved by the City as part of a
Service Plan Amendment.
22.
Revenue Bond Limitation. The DistrictsDistrict shall not issue revenue bonds,
except as set forth in this Section. At least 63 days prior to issuing any revenue bonds, the issuing
District must provide notice of its intent to issue revenue bonds to the City Attorney. At least 35
days prior to issuing any revenue bonds, the issuing District must submit all relevant details of
such issuance to the City Attorney, including the proposed documents pursuant to which such
revenue bonds will be issued. On or before the date of issuance of any revenue bonds, the issuing
District must provide the City Attorney with a letter dated the day of issuance prepared by the
District’s bond counsel to the effect that the issuance of the revenue bonds complies with the
provisions of this Service Plan, the City Code and applicable State law.
23.
Service Plan Amendment Requirement. This Service Plan is general in nature and
does not include specific detail in some instances because development plans have not been
finalized. The Service Plan has been designed with sufficient flexibility to enable the
DistrictsDistrict to provide required Public Improvements under evolving circumstances without
the need for numerous amendments. Modification of the general types of services and facilities

12

making up the Public Improvements, and changes in proposed configurations, locations or
dimensions of the Public Improvements shall be permitted to accommodate development needs
consistent with the then-current Approved Development Plan(s) for the Project, subject to the
limitations of this Service Plan and the Intergovernmental Agreement.
The Districts areDistrict is an independent unitsunit of local government, separate
and distinct from the City, and its activities are subject to review by the City only insofar
as they may deviate in a material manner from the requirements of the Service Plan, the
City Code, or the Intergovernmental Agreement. As such, any action of the DistrictsDistrict
which: (1) violates the limitations set forth in this Article V; (2) constitutes a material
modification under the City Municipal Code; or (3) constitutes a failure to comply with the
Intergovernmental Agreement or other agreement with the City, which non-compliance
has not been waived in writing by the City, shall be deemed to be a material modification
to this Service Plan and the City shall be entitled to all remedies available under State and
local law to enjoin such action(s) of the Districts.District.
Any City approval requirements contained in this Service Plan (including, without
limitation, any provisions requiring that a change, request, occurrence, act or omission be treated
as a Service Plan Amendment or be deemed a “material modification” of the Service Plan) shall
remain in full force and effect, and, unless otherwise provided by resolution of the City Council,
such City approval shall continue to be required, notwithstanding any future change in law
modifying or repealing any statutory provision concerning service plans, amendments thereof or
modifications thereto.
24.
Preliminary Engineering Survey. The DistrictsDistrict shall have authority to
provide for the planning, design, acquisition, construction, installation, relocation, redevelopment,
maintenance, and financing of the Public Improvements within and without the boundaries of the
Districts,District, to be more specifically defined in an Approved Development Plan. An estimate
of the costs of the Public Improvements which may be planned for, designed, acquired,
constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a
preliminary engineering survey and estimates derived from the zoning on the property in the
Service Area and is approximately $[_____]$4,548,099.
All of the Public Improvements will be designed and constructed in such a way as to assure
that the Public Improvements’ standards will be compatible with those of the City and shall be in
accordance with the requirements of the Approved Development Plan. Failure to observe the
requirements established in this Section shall constitute a material modification pursuant to Section
32-1-207, C.R.S. and shall entitle the City to all remedies available at law and in equity.
All construction cost estimates are based on the assumption that construction
conforms to applicable local, State or Federal requirements.
25.

Multiple District Structure.

It is anticipated that the Districts, collectively, will undertake the financing and
construction of the improvements contemplated herein. Specifically, the Districts shall enter into
an Intergovernmental Cost Sharing and Recovery Agreement which shall govern the relationships

13

between and among the Districts with respect to the financing, construction and operation of the
improvements contemplated herein. The District will establish a mechanism whereby any one or
more of the Districts may separately or cooperatively fund, construct, install and operate the
improvements.
ARTICLE VI: REGIONAL IMPROVEMENTS
The Districts shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment and a contribution to the funding of the
Regional Improvements and fund the administration and overhead costs related to the provisions
of the Regional Improvements incurred as a result of participation in the alternatives set forth in
Section VI.A, or B below.
The Districts shall impose the ARI Mill Levy and shall convey it as follows:
A.
If the City and the District have executed an intergovernmental agreement then the
revenue from the ARI Mill Levy shall be conveyed to the City for use in planning, designing,
constructing, installing, acquiring, relocating, redeveloping or financing of the Regional
Improvements which benefit the service users and taxpayers of the Districts in accordance with
such agreement; or
B.
In the event the City and the District have not executed an intergovernmental
agreement addressing the Regional Improvements Mill Levy, then the revenue shall be conveyed
by the Districts to the City and (i) the City shall place in a special account all revenues received
from the ARI Mill Levy imposed in the Service Area under this Section VI and shall not expend
such revenue until an intergovernmental agreement is executed between the Districts and the City
establishing the terms and conditions for the provision of the Regional Improvements; and (ii) if
the intergovernmental agreement between the City and the District relating to the Regional
Improvements Mill Levy is not executed within two (2) years from the date of the approval of the
Service Plan by the City, then the revenue from the ARI Mill Levy shall be conveyed to the City
for use by the City in the planning, designing, constructing, installing, acquiring, relocating,
redeveloping or financing of the Regional Improvements which benefit the service users or
taxpayers of the Districts as prioritized and determined by the City.
As set forth in the definition of the ARI Mill Levy, the Districts may, pursuant to any
intergovernmental agreement with the City, extend the terms for application of the ARI Mill Levy
beyond the years set forth the definition of the ARI Mill Levy. The Maximum Mill Levy
Imposition Term shall include the terms and any extension of such terms, as set forth in Sections
A, B and C of the definition of the ARI Mill Levy.
The Regional Improvements shall be limited to the provision of the planning, design,
acquisition, construction, installation, relocation and/or redevelopment of street and transportation
related improvements as defined in the Special District Act and the administration and overhead
costs incurred as a result of participation in the alternative set forth in Section VI.A, or B above,
unless the City has agreed otherwise in writing; provided, however in no event shall the Regional
Improvements include water or sanitary sewer improvements unless such improvements are
necessary as a part of completing street and transportation related improvements. The District

14

shall cease to be obligated to impose, collect and convey to the City the revenue from the ARI Mill
Levy described in this Section VI at such time as the area within the District’s boundaries is
included within a different district organized under the Special District Act, or a General
Improvement District organized under Section 31-25-601, et seq., C.R.S., or Business
Improvement District organized under Section 31-25-1201, et seq., C.R.S., which other district
has been organized to fund a part or all of the Regional Improvements.
The Districts shall have the authority to issue Debt for the Regional Improvements,
pursuant to the intergovernmental agreement as described in VI.A above. Failure of the Districts
to impose or remit to the City the ARI Mill Levy shall be deemed a material modification of this
Service Plan and the City make take any action at law and equity to enforce the same.
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment and a contribution to the funding of the
Regional Improvements and fund the administration and overhead costs related to the provisions
of the Regional Improvements.
As an alternative to imposing the ARI Mill Levy, the District agrees to fund no more than
$250,000 (the “Regional Contribution”), toward Regional Improvements associated with the
impacts to the City of the development within the District as more particularly set forth in an
intergovernmental agreement between the District and the City for Regional Improvements.

15

ARTICLE VII: FINANCIAL PLAN
A.

General.

The DistrictsDistrict shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Public Improvements from its
revenues and by and through the proceeds of Debt to be issued by any of the Districts.District. The
Financial Plan for the DistrictsDistrict shall be to issue such Debt as the DistrictsDistrict can
reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from
the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the
DistrictsDistrict shall be permitted to issue shall not exceed $[____] (combined limit for all
Districts, including$5,000,000 (including the aggregate principal amount of Debt issued for
Regional Improvements) and shall be permitted to be issued on a schedule and in such year or
years as the Districts determineDistrict determines shall meet the needs of the Financial Plan
referenced above and phased to serve development as it occurs. All bonds and other Debt issued
by the District may be payable from any and all legally available revenues of the Districts,District,
including general ad valorem taxes and Fees to be imposed upon all Property within the
Districts.District. The District will also rely upon various other revenue sources authorized by law.
These will include the power to assess Fees, rates, tolls, penalties, or charges as provided in Section
32-1-1001(1), C.R.S., as amended from time to time. At least 63 days prior to issuing any Debt,
the issuing District must provide notice of its intent to issue Debt to the City Attorney. At least 35
days prior to issuing any Debt, the issuing District must submit all relevant details of such issuance
to the City Attorney, including the proposed documents pursuant to which such Debt will be
issued. On or before the date of issuance of any Debt, the issuing District must provide the City
Attorney with a letter dated the day of issuance of such Debt prepared by the District’s bond
counsel to the effect that the issuance of the Debt complies with the provisions of this Service Plan,
the City Code and applicable State law.
B.

Maximum Voted Interest Rate and Maximum Underwriting Discount.

The interest rate on any Debt is expected to be the market rate at the time the Debt is issued.
The maximum interest rateMaximum Voted Interest Rate on any Debt shall not exceed eighteen
percent (18%). The maximum underwriting discountMaximum Underwriting Discount shall not
exceed five percent (5%). Debt, when issued, will comply with all relevant requirements of this
Service Plan, State law and Federal law as then applicable to the issuance of public securities.
C.

Maximum Debt Mill Levy.

The “Maximum Debt Mill Levy” shall be the maximum mill levy the Districts are
permitted to impose upon the taxable property within the Districts for payment of Debt, exclusive
of the Regional Improvements Mill Levy and the Operation and Maintenance Mill Levy, and shall
be determined as follows:
1.
For the portion of any aggregate Debt which exceeds fifty percent (50%) of
the issuing District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt
shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt
described in Section VII.C.2 below; provided that if, on or after the date of adoption of this Service

16

Plan, there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be
increased or decreased to reflect such changes, such increases or decreases to be determined by
the Board in good faith (such determination to be binding and final) so that to the extent possible,
the actual tax revenues generated by the mill levy, as adjusted for changes occurring after the date
of adoption of this Service Plan, are neither diminished nor enhanced as a result of such changes.
For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a
change in the method of calculating assessed valuation.
2.
For the portion of any aggregate Debt of the issuing District which is equal
to or less than fifty percent (50%) of the District’s assessed valuation, either on the date of issuance
or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be
subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is
necessary to pay the Debt service on such Debt, without limitation of rate.
The “Maximum Debt Mill Levy” shall be the maximum mill levy the District is permitted
to impose upon the taxable property within the District for payment of Debt, exclusive of the
Operation and Maintenance Mill Levy, and shall be determined as follows:
ARTICLE VII.For the portion of any aggregate Debt which exceeds fifty percent (50%) of the
District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be
fifty-five (55) mills less the number of mills necessary to pay unlimited mill levy Debt described
in below; provided that if, on or after the date of adoption of this Service Plan, there are changes
in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut
or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to
reflect such changes, such increases or decreases to be determined by the Board in good faith
(such determination to be binding and final) so that to the extent possible, the actual tax revenues
generated by the mill levy, as adjusted for changes occurring after the date of adoption of this
Service Plan, are neither diminished nor enhanced as a result of such changes. For purposes of
the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the
method of calculating assessed valuation.
ARTICLE VIII.For the portion of any aggregate Debt of the District which is equal to or less
than fifty percent (50%) of the District’s assessed valuation, either on the date of issuance or at
any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject
to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is
necessary to pay the Debt service on such Debt, without limitation of rate.
3.1.
For purposes of the foregoing, once Debt has been determined to be within
Section VII.C.2 above, so that the District is entitled to pledge to its payment an unlimited ad
valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited
mill levy, notwithstanding any subsequent change in the District’s Debt to assessed ratio. All Debt
issued by the District must be issued in compliance with the requirements of Section 32-1-1101,
C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one
or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” or
17

“Districts” as used herein shall be deemed to refer to the applicable District and to each
such subdistrict separately, so that each of the subdistricts shall be treated as a separate,
independent district for purposes of the application of this definition. No subdistrict may
be organized without the prior consent of the City.
D.

Maximum Debt Mill Levy Imposition Term.

EachThe District shall have the authority to impose the ARI Mill Levy for the applicable
term set forth in Sections II and VI. Other than the ARI Mill Levy, no District shallnot impose a
levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of
Debt) on any single property developed for residential uses which exceeds forty (40) years after
the year of the initial imposition of such mill levy unless (I) a majority of the Board of Directors
of the District are End Users and (II) have voted in favor of a refunding of a part or all of the Debt.
Any amount of principal and/or accrued interest that remains unpaid upon the expiration of the
Maximum Debt Mill Levy Imposition Term shall be deemed to be forever discharged (the
“Termination Date”) regardless of the amount of principal and interest paid prior to the
Termination Date.
E.

Debt Repayment Sources.

The DistrictsDistrict may impose a mill levy on Property within its boundaries as a primary
source of revenue for repayment of debt service. The DistrictsDistrict may also rely upon various
other revenue sources authorized by law. At the Districts’District’s discretion, these may include
the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(l),
C.R.S., as amended from time to time. In no event shall the debt service mill levy in the District
exceed the Maximum Debt Mill Levy or, for residential property within the Districts,District, the
Maximum Debt Mill Levy Imposition Term, except pursuant to an intergovernmental agreement
between the DistrictsDistrict and the City for Regional Improvements.
F.

Debt Instrument Disclosure Requirement.

In the text of each Bond and any other instrument representing and constituting Debt, the
issuing District shall set forth a statement in substantially the following form:
By acceptance of this instrument, the owner of this Bond agrees and consents to all
of the limitations in respect of the payment of the principal of and interest on this
Bond contained herein, in the resolution of the District authorizing the issuance of
this Bond and in the Service Plan for creation of the District.
Similar language describing the limitations in respect of the payment of the
principal of and interest on Debt set forth in this Service Plan shall be included in any document
used for the offering of the Debt for sale to persons, including, but not limited to, a developer of
property within the boundaries of the District.
G.

Security for Debt.

The DistrictsDistrict shall not pledge any property of the City as security for the
Debt set forth in this Service Plan. Approval of this Service Plan shall not be construed as a

18

guarantee by the City of payment of any of the Districts’District’s obligations; nor shall anything
in the Service Plan be construed so as to create any responsibility or liability on the part of the City
in the event of default by the DistrictsDistrict in the payment of any such obligation.
H.

TABOR Compliance.

The DistrictsDistrict will comply with the provisions of TABOR. In the discretion
of the Board, the DistrictsDistrict may set up other qualifying entities to manage, fund, construct
and operate facilities, services, and programs. To the extent allowed by law, any entity created by
the DistrictsDistrict will remain under the control of the District’s Board.
I.

District’s Operating Costs.

The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the District’s organization and initial
operations, are anticipated to be [____________]Fifty Thousand Dollars ($[____]),($50,000),
which will be eligible for reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the DistrictsDistrict will require
operating funds for administration and to plan and cause the Public Improvements to be
constructed and maintained. The first year’s operating budget is estimated to be
$[__________]$50,000 which is anticipated to be derived from property taxes and other revenues.
The total mill levy imposed for Operation and Maintenance Costs shall not exceed [10]20.000
mills (the “Operation and Maintenance Mill Levy”) provided, however, that if, on or after date of
adoption of this Service Plan, there are changes in the method of calculating assessed valuation or
any constitutionally mandated tax credit, cut, or abatement, the Operation and Maintenance Mill
Levy may be increased or decreased to reflect such changes, such increases and decreases to be
determined by the Board in good faith (such determination to be binding and final) so that to the
extent possible, the actual tax revenues generated by the Operation and Maintenance Mill Levy,
as so adjusted, are neither diminished nor enhanced as a result of such changes. For the purposes
of the foregoing, a change in the ratio of actual valuations shall be deemed a change in the method
of calculating assessed valuation.
The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District’s
ability to increase its mill levy as necessary for provision of operation and maintenance services
to its taxpayers and service users. It is anticipated that the Developer will advance funds to the
DistrictsDistrict to pay its operating costs until such time as the Districts haveDistrict has sufficient
revenue from its Operation and Maintenance Mill Levy. The DistrictsDistrict shall be authorized
to reimburse the Developer for such advances with interest, provided, however that such interest
shall be calculatedaccrue on such amounts, as simple interest and shall not allow for the accrual of
compound interest.with no compounding at a rate no greater than eight percent (8%).
Failure to observe the requirements established in this Article VII. shall constitute a
material modification pursuant to Section 32-1-207, C.R.S. and shall entitle the City to all remedies
available at law and in equity.
J.

Subdistricts.
19

The DistrictsDistrict may organize subdistricts or areas as allowed by Section 32-1-1101(1)(f),
C.R.S., but only with prior approval of the City Council, and any such subdistrict(s) or area(s) shall
be subject to all limitations on debt and other provisions of the Service Plan to the same extent as
the Districts.District. In accordance with Section 32-1-1101(1)(f)(I), C.R.S., the any District
contemplating the organization of a subdistrict shall notify the City prior to establishing any such
subdistrict(s) or area(s),area(s) and shall provide the City with details regarding the purpose,
location, and relationship of the subdistrict(s) or area(s). The City Council may elect to treat the
organization of any such subdistrict(s) or area(s) as a material modification of the Service Plan.
ARTICLE VIII: ANNUAL REPORT
A.

General.

The DistrictsDistrict shall be responsible for submitting an annual report to the City’sCity
Attorney, City Clerk, Finance Director, City Clerk, City Attorney and Department Managerthe
Director of the Office ofCommunity and Economic Development Assistance of the City
Manager’s OfficeDepartment no later than August 1st of each year following the year in which
the Order and Decree creating the District has been issued.
B.

Standard Reporting Requirements of Significant Events.

The annual report shall include information as to any of the following:
1. A narrative summary of the progress of the District’s implementation of the Service Plan.
2. Boundary changes made or proposed to the District’s boundary as of December 31 of the
prior year.
3. Intergovernmental Agreements with other governmental entities, either entered into or
proposed as of December 31 of the prior year.
4. Copies of the District’s rules and regulations, if any as of December 31 of the prior year.
5. A summary of any litigation which involves the District Public Improvements as of
December 31 of the prior year.
6. Status of the District’s construction of the Public Improvements as of December 31 of the
prior year.
7. A list of all facilities and improvements constructed by the District that have been dedicated
to and accepted by the City as of December 31 of the prior year.
8. The assessed valuation of the District for the current year.
9. Current year budget including a description of the Public Improvements to be constructed
in such year.

20

10. Audit of the District’s financial statements, for the year ending December 31 of the
previous year, prepared in accordance with generally accepted accounting principles or
audit exemption, if applicable.
11. Notice of any uncured events of default by the District, which continue beyond a ninety
(90) day period, under any Debt instrument.
12. Any inability of the District to pay its obligations as they come due, in accordance with the
terms of such obligations, which continue beyond a ninety (90) day period.
13. Any additional information the District believes important to report.

21

C.

Additional Reporting Requirements.

The annual report shall also include the following:
summarySummary of the amount and terms of any new district indebtedness or
long-term obligations issued in the report year;
summarySummary of the amount of payment or retirement of existing
indebtedness of the district in the report year;
theThe current mill levy of the district pledged to debt retirement in the report
year; and
aA summary and detailed disclosure of the capital expenditures incurred by the
district in development of improvements in the report year;year.
1. [LIST OF ADDITIONAL REQUIREMENTS]
ARTICLE IX: TRANSPARENCY
The DistrictsDistrict shall be responsible for maintaining a publicly accessible website with
eachthe District’s information for purposes of further public transparency.
Standard Reporting Requirements. The website shall include the following:
1. District’s name.
officialOfficial contact information for District mailings or other communication.
listingListing of current board members.
noticeNotice of the date and procedures relating to any upcoming election for
board member position(s) for the District.
descriptionDescription of the District’s maximum mill levy.
descriptionDescription of the District’s authority to impose and collect rates, fees,
tolls and charges.
descriptionDescription of current debt obligations.
listing,Listing, description, and estimated life expectancy of all items financed
through debt.
completeComplete copy of current District map, which clearly identifies the
District’s boundaries.
completeComplete copy of each Annual Report.
completeComplete copy of applicable Service Plan(s) and any amendments.
2. any additional information the District believes would further transparency.
The District shall keep the information updated in a timely manner. The District shall
update the information in a timely manner or within 14-days of the information becomes known
to the District, whichever is less. The District shall provide the Director with the website Uniform

22

Reference Locator (URL) prior to the execution of the Service Plan and within 2-days of any
change to the URL.
Any additional information required by law or that the District believes would
further transparency.
The District shall update the information required by this Article IX in a timely manner
and in any event within 14 days after the information becomes known to the District. The District
shall provide the Finance Director with the website Uniform Resource Locator (URL) prior to the
execution of the Service Plan and within 2 days of any change to the URL.
ARTICLE X: DISSOLUTION
Upon an independent determination of the City Council that the purposes for which the
District was created have been accomplished, the District agrees to file petitions in the appropriate
District Court for dissolution, pursuant to the applicable State statutes. In no event shall a
dissolution occur until the District has provided for the payment or discharge of all of theirits
outstanding indebtedness and other financial obligations as required pursuant to State statutes.
ARTICLE XI: REQUIRED DISCLOSURES
EachThe District will use reasonable efforts to assure that all developers of the property
located within the District provide written notice to all purchasers of property in the District
regarding the Maximum Debt Mill Levy, as well as a general description of the District’s authority
to impose and collect rates, Fees, tolls and charges. The form of notice shall be filed with the City
prior to the initial issuance of the Debt ofby the District imposing the mill levy that is the subject
of the Maximum Debt Mill Levy.District. The form of notice shall substantially comply with the
Model Notice (Exhibit E). The city councilCity Council shall have the sole discretion to determine
whether the form of notice substantially complies with the form and content of the model notice.
Any additional public disclosures, to purchasers or otherwise, shall comply with state law as
currently in effect or as hereafter amended.
ARTICLE XII: INTERGOVERNMENTAL AGREEMENT
The form of the intergovernmental agreement required by the City Code, relating to the
limitations imposed on the District’s activities, is attached hereto as Exhibit D. The
DistrictsDistrict shall approve the intergovernmental agreement in the form attached as Exhibit D
at its first Board meeting after its organizational election. The intergovernmental agreement shall
be executed by the President of the Board at the first Board meeting after its organizational election
and submitted to the City Attorney for review and execution by the City. Failure of the
DistrictsDistrict to execute the intergovernmental agreement as required herein shall constitute a
material modification and shall require a Service Plan Amendment. The City Council shall approve
the intergovernmental agreement in the form attached as Exhibit DD, subject to changes approved
by the City and agreed upon by the District, at thea public hearingmeeting subsequent to approving
the Service Plan.Plan after the District is organized.

23

ARTICLE XIII: AMENDMENT REQUIREMENT
This Service Plan has been designed with sufficient flexibility to enable the DistrictsDistrict to
provide required services and facilities under evolving circumstances without the need for
numerous amendments. Actions of the DistrictsDistrict which violate the limitations set forth in
V.A.1-14 above or in VII.B-G. or requirements set forth in the Intergovernmental Agreement shall
be deemed to be material modifications to this Service Plan and the City shall be entitled to all
remedies available under State and local law to enjoin such actions of the District.
Should any districtthe District undertake any act which constitutes a material modification to the
service plan, the City Council may impose one or more of the following sanctions, as it deems
appropriate:
(c)
Exercise any applicable remedy under the Act.Act or City Code.
(d)
Withhold the issuance of any permit, authorization, acceptance or other
administrative approval or withhold any cooperation necessary for the district's
development or construction or operation of improvements or provision of
services.services within the District’s Service Area.
(e)
Exercise any legal remedy under the terms of any intergovernmental
agreement under which the districtDistrict is in default.
(f)
Exercise any other legal remedy, including seeking injunctive relief
against the district,District, to ensure compliance with the provisions of the service
planService Plan or applicable law.
All remedies available to the cityCity under this section shall be cumulative and non-exclusive.
In any proceeding brought to enforce the provisions of this Service Plan, the prevailing party shall
be entitled to an award of reasonable attorneys’ fees, actual court costs and other expenses
incurred.
ARTICLE XIV: CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2),
C.R.S., and Section 122-3591-32 of the City Code, establishes that:
1.
There is sufficient existing and projected need for organized service in the
area to be serviced by the District;
2.
The existing service in the area to be served by the District is inadequate for
present and projected needs;
3.
The District is capable of providing economical and sufficient service to the
area within its proposed boundaries; and
4.
The area to be included in the District does have, and will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis.

24

5.
Adequate service is not, and will not be, available to the area through the
City or county or other existing municipal or quasi-municipal corporations, including existing
special districts, within a reasonable time and on a comparable basis.
6.
The facility and service standards of the District are compatible with the
facility and service standards of the City within which the special district is to be located and each
municipality which is an interested party under Section 32-1-204(1), C.R.S.
7.
The proposal is in substantial compliance with a comprehensive plan
adopted pursuant to the City Code.
8.
The proposal is in compliance with any duly adopted City, regional or state
long-range water quality management plan for the area.
9.

The creation of the District is in the best interests of the area proposed to be

1.

The creation of the District is in the best interest of the City.

served.

25

EXHIBIT A
Legal Descriptions

A-1

EXHIBIT B
Arvada Vicinity Map

B-1

EXHIBIT C-1C
Initial District Boundary Map

C-1

EXHIBIT C-2
Inclusion Area Boundary Map

C-2

EXHIBIT D
Intergovernmental Agreement between the District and ArvadaCity

D-1

EXHIBIT E
Model Notice

E-1
58627752.v6

EXHIBIT F
Financial Plan

F-1
58627752.v6

Megan J. Murphy
Shareholder

303-858-1800
[email protected]

February 11, 2026
VIA EMAIL
Ms. Rachel Morris
City of Arvada City Attorney
[email protected]
Re:

Service Plan for Scenic Heights West Metropolitan District

Dear Ms. Morris:
Enclosed with this letter for your review is the proposed Service Plan for Scenic Heights
West Metropolitan District (the “District”). We are hoping to hold the organizational election for
the District on November 3, 2026. In order to meet the deadlines for a November election we are
requesting a public hearing on the Service Plan no later than September 1, 2026.
Sincerely,
WBA, PC

Megan J. Murphy
Shareholder

Enclosures

2154 E. Commons Ave., Ste. 2000

|

Centennial, CO 80122

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P 303.858.1800

F 303.858.1801

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wbapc.com

Megan J. Murphy
Shareholder

303-858-1800
[email protected]

June 5, 2026
VIA EMAIL
City of Arvada
Bryan Archer, Finance Director [email protected]
Megan McCall, Assistant City Attorney [email protected]
Rozalynne Thompson, Principal Planner [email protected]
Re:
Response to Review of Service Plan for Scenic Heights West Metropolitan
District, 7095 Kipling Street, Arvada, CO 80004-1654 (DA2026-0012)
Dear Mr. Archer, Ms. McCall, and Ms. Thompson:
WBA, PC serves as counsel to Kipling Investment LLC (the “Applicant”) regarding the
submittal of the Scenic Heights West Metropolitan District Service Plan. We have received your
letter on May 1, 2026 (the “Letter”). Below and enclosed with this letter are the Applicant’s
responses to the Letter.
Finance Department (Bryan Archer)
Comment: The proposed O&M mill rate is higher than our model plan (20 vs 10) and same
on the debt side (55 vs 50). Please provide a detailed explanation regarding the rationale and
justification related to the requested O&M mill levy and the requested debt mill levy.
Response: The O&M mill levy of 20 mills exceeds the City’s model service plan of 10 mills
because the District will be providing all the operations and maintenance services for the
community. The Applicant does not intend to form a homeowners association (HOA). Instead of
the District imposing an O&M Mill Levy of 10 mills and an HOA imposing a fee, the Applicant
is proposing the District impose a higher O&M Mill Levy of 20 mills. As set forth in Section V.2
of the Service Plan, the District shall be authorized to own, operate and maintain Public
Improvements not otherwise required to be dedicated to the City or other public entity, including,
but not limited to street improvements (including roads, curbs, gutters, culverts, sidewalks,
bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements),
traffic and safety controls, retaining walls, park and recreation improvements and facilities, trails,
open space, landscaping, drainage improvements (including detention and retention ponds, trickle
channels, and other drainage facilities), irrigation system improvements (including wells, pumps,
storage facilities, and distribution facilities), and all necessary equipment and appurtenances
incident thereto which will be funded from the O&M Mill Levy.

2154 E. Commons Ave., Ste. 2000

|

Centennial, CO 80122

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P 303.858.1800

F 303.858.1801

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wbapc.com

City of Arvada
June 5, 2026
Page 2
The debt mill levy of 55 mills is consistent with the mill levies authorized for other metropolitan
districts in Arvada as shown in the table below:
District Name

O&M Mill Levy (2025 for Debt Mill Levy (2025 for
collection in 2026)
collection in 2026)

Boyd Ponds Metropolitan
District No. 2
Canyon Pines Metropolitan
District
Cimarron
Metropolitan
District
GEOS
Neighborhood
Metropolitan District
Haskins Station Metropolitan
District
Hometown
Metropolitan
District No. 2
Howard Ranch Metropolitan
District
Jefferson Center Metropolitan
District No. 1
Jefferson Center Metropolitan
District No. 2
Kipling Ridge Metropolitan
District
Leyden Ranch Metropolitan
District
Leyden Rock Metropolitan
District No. 10
Mountain Shadows (Whisper
Creek) Metropolitan District
Richards Farm Metropolitan
District No. 2
Sabell Metropolitan District
Spring Mesa (Eldorado Hills)
Metropolitan District
Vauxmont
Metropolitan
District
West Point (Village of Five
Parks) Metropolitan District
Westown (Hometown District
No. 1) Metropolitan District

5.000

21.554

25.472

63.680

0.00

0.00

5.299

45.645

16.699

57.176

11.269

22.739

NA

NA

5.491

54.919

0.00

0.00

10.000

0.000

5.616

38.000

25.991

27.511

11.540

38.636

20.213

34.873

18.914
22.103

57.161
19.000

26.442

63.303

18.000

31.116

48.800

41.200

City of Arvada
June 5, 2026
Page 3
Comment: Is there any limit on the developer debt interest rate? The City usually limits it
to no more than 8%. “It is anticipated that the Developer will advance funds to the Districts
to pay its operating costs until such time as the Districts have sufficient revenue from its
Operation and Maintenance Mill Levy. The District shall be authorized to reimburse the
Developer for such advances with interest, provided, however, that such interest shall be
calculated as simple interest and shall not allow for the accrual of compound interest.”
Response: Yes, there is a limit on the developer debt interest rate in Section 32-1-1101(7)(b),
C.R.S. which states:
“The interest rate on debt issued by a metropolitan district to a director of a metropolitan
district or to an entity with respect to which a director of a metropolitan district must make
disclosure under section 24-18-109 must not exceed the municipal market data “AAA”
general obligation, thirty-year constant maturity, or successor index if replaced, plus four
hundred basis points, as of the seventh business day prior to the date of issuance of that
debt and must have a maximum final maturity of not more than forty years from the date
of issuance.”
The language quoted in the comment is found in Section VII.G. and references reimbursement
from the District to the Developer from the Operations and Maintenance Mill Levy which is not
governed by the limitation on developer debt found in Section 32-1-1101(7)(b), C.R.S.
Changes have been made in redline to Section VII.G, which now reads as follows:
“It is anticipated that the Developer will advance funds to the District to pay its operating
costs until such time as the District has sufficient revenue from its Operation and
Maintenance Mill Levy. The District shall be authorized to reimburse the Developer for
such advances with interest, provided, however interest shall accrue on such amounts, as
simple interest with no compounding at a rate no greater than eight percent (8%).”
Comment: Under public improvements, a management fee is included. Can we get
clarification on what this is for?
Response: The management fee included in the Cost Estimate for Public Improvements has been
removed.
Comment: A one-time contribution instead of an ARI mill is being proposed. The last
proposal had a higher fee per unit $350,000 or $4,545 per unit. This one is $155,057 divided
by 77 or $2,013 per unit. If we adjust previous per unit fees to today's dollars, we are closer
to $4,350 per unit. Please clarify.
Response: The proposed one-time regional improvement contribution of $155,057 ($2,013 per
unit) was determined in consultation with Mr. Fifer, who advised that the Applicant propose an
amount equivalent to 5 mills. Rather than imposing an ongoing ARI mill levy on future
homeowners, the Applicant elected to structure the contribution as a one-time payment consistent

City of Arvada
June 5, 2026
Page 4
with that guidance. The Applicant acknowledges that this figure is lower on a per-unit basis than
the amount proposed in the 2023 application, but the current proposal reflects the agreed-upon 5mill equivalent methodology rather than an inflation adjustment of the prior figure.
Legal Department (Megan McCall)
Comment: Regarding the Service Plan: Please provide additional information regarding the
proposed development to give context to 77 units planned for 7 acres of land.
Response: The proposed development consists of 77 residential dwelling units, including 27
single-family detached homes and 50 attached townhomes, thoughtfully integrated into a
pedestrian-oriented neighborhood framework. The single-family homes are anticipated to consist
primarily of two-story residences offering approximately three bedrooms and two to three
bathrooms, while the townhomes are expected to be three-story designs with a minimum of two
bedrooms and two bathrooms. Together, these product types provide a diverse range of ownership
opportunities that appeal to families, professionals, first-time homebuyers, and empty nesters
seeking a high-quality residential environment.
The neighborhood has been intentionally designed around an interconnected system of landscaped
open spaces, trails, sidewalks, and community gathering areas that promote walkability, recreation,
and neighborhood interaction. Residents will benefit from direct access to pocket parks,
landscaped common areas, stormwater features integrated into the open space network, and a
comprehensive pedestrian circulation system that connects homes to community amenities and
surrounding destinations. The project emphasizes attractive streetscapes, enhanced landscaping,
and well-maintained common areas that will contribute to the long-term character and value of the
community.
Collectively, the proposed improvements will create a cohesive and attractive residential
neighborhood that balances housing diversity with meaningful open space amenities, providing a
high-quality living environment while supporting the public infrastructure and community
facilities that will be owned, operated, and maintained by the Metropolitan District.
Comment: Regarding the Service Plan: Under Article V, Section 16, please delete the last
sentence of the second paragraph that begins “Notwithstanding any of the foregoing…”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article V, Section 22, please remove the two
remaining references to “issuing” District.
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Please provide an explanation for the requested debt
limit and how the amount requested fits (generally) into the overall project’s budget

City of Arvada
June 5, 2026
Page 5
projections. It would also be helpful to understand the reason for the increase from the
District’s application in 2023 and this application.
Response: The requested debt limit is sized to cover the total estimated cost of eligible public
improvements for this 77-unit residential development, plus issuance costs, capitalized interest,
and a debt service reserve, consistent with the financing structure set forth in the Financial Plan
prepared by D.A. Davidson & Co. The increase from the District's 2023 application reflects
material construction cost escalation between 2021 and 2023. As detailed in the response to the
Cost Estimate comment below, shared line items increased substantially during that period driven
by well-documented industry-wide inflation in construction materials and labor.
Comment: Regarding the Service Plan: Under Article VII, Section C.3, please remove “or
“Districts”” from the first sentence in the second paragraph.
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article VIII, please revise the paragraph
under subparagraph A. “General” to read: “The District shall be responsible for submitting
an annual report to the City Attorney, City Clerk, Finance Director, and the Director of the
Community and Economic Development Department no later than August 1st of each year
following the year in which the Order and Decree creating the District has been issued.”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article IX, please revise #12 to read: “Any
additional information required by law or that the District believes would further
transparency.”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article XII, please revise the last sentence to
read: “The City Council shall approve the intergovernmental agreement in the form
attached as Exhibit D, subject to changes approved by the City and agreed upon by the
District, at a public meeting subsequent to approving the Service Plan after the District is
organized.”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article XIII, please revise subparagraph (a)
to read: "Exercise any applicable remedy under the Act or City Code.”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article XIV, please revise the reference to the
City Code in the first paragraph to “Section 91-32”.

City of Arvada
June 5, 2026
Page 6
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Under Article XIV, please add #10 to read: “The
creation of the District is in the best interest of the City.”
Response: This change has been made in redline.
Comment: Regarding the Service Plan: Please make reference to “Districts” singular in the
following areas: In the first paragraph of Article VI; In the first sentence of the second
paragraph and second sentence of the third paragraph under Article VII, Section I; In the
second sentence of Article XII; and In the first paragraph of Article XIII.
Response: These changes have been made in redline.
Comment: Please update all documents to consistently refer to the proposed special district
as “Scenic Height West Metropolitan District”.
Response: These changes have been made in redline.
Comment: Regarding the Intergovernmental Agreement (Exhibit D): Please add a provision
regarding the regional improvement contribution.
Response: This change has been made in redline.
Comment: Regarding the Intergovernmental Agreement (Exhibit D): Please provide
information about the public improvements that are anticipated to be maintained by the
District. Additionally, please provide information on public improvements that are
anticipated to be maintained by an HOA, if any.
Response: The public improvements that are anticipated to be maintained by the District are the
following: landscaped common areas (mowing, fertilization, weeding, and tree maintenance);
native grass common areas (mowing, fertilization, and weeding); sprinkler and irrigation system;
ongoing maintenance on sidewalks and roads that are not maintained by the City; snow removal
on sidewalks and roads that are not maintained by the City; and detention pond and underdrain
system. The Applicant does not anticipate creating an HOA and therefore no public improvements
are anticipated to be maintained by an HOA.
Comment: Regarding the Model Notice (Exhibit E): Please delete the duplicative language
about consulting with the Jefferson County Assessor’s Office. (And please make the same
change to the model notice attached as an exhibit to the IGA exhibit.)
Response: This change has been made in redline to both the Model Notice (Exhibit E) and the
Intergovernmental Agreement (Exhibit D).

City of Arvada
June 5, 2026
Page 7
Comment: Regarding the Financial Plan (Exhibit F): The Financial Plan is dated November
25, 2025. Please confirm whether an updated Financial Plan is anticipated or if this is the
Financial Plan applicant intends to be attached as Exhibit F to the Service Plan.
Response: An updated Financial Plan prepared by D.A. Davidson & Co. has been provided and is
enclosed with this response as Exhibit F. The updated Financial Plan supersedes the November
25, 2025 version and is intended to be the Financial Plan attached as Exhibit F to the Service Plan.
Comment: Regarding the Financial Plan (Exhibit F): Please confirm the years that bonds
are anticipated to be issued in - there appear to be inconsistent references to the series.
Response: According to the underwriter, D.A. Davidson & Co., who prepared the Financial Plan
(Exhibit F), the proposed Series 2037 Bonds are a necessary and anticipated component of the
District’s long-term financing plan. They serve both a financial optimization function and a project
completion function, consistent with typical Colorado metropolitan district structures.
The Series 2027 Bonds are anticipated to be issued during the early stages of development, when
the tax base is not yet fully established and absorption and assessed value growth are still
occurring. As a result, the credit risk is higher and the bonds carry a higher interest rate and are
issued as non-rated bonds with additional security features required by investors.
By 2037, the District is expected to be fully built out and supported by a stable and significantly
larger assessed valuation base. This allows the District to refinance the outstanding 2027 Bonds
with the Series 2037 Bonds at a lower interest rate and investment-grade credit profile. The
refinancing has the potential to reduce annual debt service costs or provide an additional funding
source for outstanding eligible costs.
Comment: Regarding the Financial Plan (Exhibit F): Please provide an explanation as to the
necessity for the Series 2037 (or 2038) bonds.
Response: See response above.
Comment: The Cost Estimates for the Public Improvements are dated August 4, 2023. Please
confirm whether an updated document will be provided. Additionally, please provide
explanation on the increase from the 2023 submittal.
Response: Enclosed with this response is a previous Cost Estimate for Public Improvements dated
June 25, 2021 (the “2021 Cost Estimate”).
The 2021 Cost Estimate was organized into four categories — Predevelopment, On-Site
Development, Master Development, and Miscellaneous Costs — and produced a Grand Total of
$3,227,376.58. The 2023 Cost Estimate is restructured by construction discipline (Sanitary, Storm,
Water, Paving, Concrete, Grading, Retaining Walls, Landscaping, Signing and Striping, and
Erosion Control), with each line item carrying its own mobilization, contingency (10%), and
warranty/permit (5%) adders rather than a single project-wide contingency.

City of Arvada
June 5, 2026
Page 8
Key substantive differences include the following:
Scope and line-item changes. Several line items present in 2021 Cost Estimate do not appear in
the 2023 Cost Estimate, including Soil Testing ($129,000), Surveying ($129,000), Sleeving
($47,300), Traffic Control ($25,000), Signage & Striping as a standalone on-site item ($15,000),
and the Master Development category items (Landscape Water Tap Fees, Electric Service, Fencing
& Columns, Entry Monument, Mailboxes, and Landscape & Irrigation, which together totaled
$533,500 in 2021). The 2023 Cost Estimate also eliminates the General Repairs line ($64,500 in
2021) which was not present in 2021 Cost Estimate. The Management Fee line ($112,500 base,
plus adders) has been removed.
Cost increases for shared line items. For items that appear in both estimates, costs increased
materially between 2021 Cost Estimate and 2023 Cost Estimate. Sanitary sewer increased from
$336,454 to $503,531 (base); water from $279,821 to $610,315; storm sewer from $329,479 to
$535,987; and concrete/curb and gutter from $381,593 to $724,857. Retaining walls decreased
from $68,180 to $44,180.
Contingency structure. The 2021 Cost Estimate applied a single project-wide contingency of
$287,534 (approximately 10% of the cumulative subtotal). The 2023 Cost Estimate applies a 10%
contingency and a separate 5% warranty/permit allowance to each individual line item, which
increases the effective contingency load across the project.

Sincerely,
WBA, PC

Megan J. Murphy
Shareholder

Enclosures

Megan J. Murphy
Shareholder

303-858-1800
[email protected]

July 27, 2026
VIA EMAIL
City of Arvada
Bryan Archer, Finance Director [email protected]
Megan McCall, Assistant City Attorney [email protected]
Rozalynne Thompson, Principal Planner [email protected]
Re:
Response to Second Review of Service Plan for Scenic Heights West
Metropolitan District, 7095 Kipling Street, Arvada, CO 80004-1654 (DA2026-0012)
Dear Mr. Archer, Ms. McCall, and Ms. Thompson:
WBA, PC serves as counsel to Kipling Investment LLC (the “Applicant”) regarding the
submittal of the Scenic Heights West Metropolitan District Service Plan. We have received your
letter on July 2, 2026 (the “Letter”). Below and enclosed with this letter are the Applicant’s
responses to the Letter.
Outstanding comments for resolution:
Comment: Please provide additional information as to the calculation of the regional
contribution equating to 5 mills. Please include any assumptions that are being made in the
calculation.
Response: After review with the underwriter, D.A. Davidson & Co., the Applicant is proposing to
change the Regional Contribution from $155,057 to $197,314. The updated number is the net
present value of the ARI Mill Levy in the City’s Model Service Plan as calculated in the table
below.

2154 E. Commons Ave., Ste. 2000

|

Centennial, CO 80122

|

P 303.858.1800

F 303.858.1801

|

wbapc.com

City of Arvada
July 27, 2026
Page 2

City of Arvada
July 27, 2026
Page 3

The Financial Plan (Exhibit F) has also been updated to reflect the new higher Regional
Contribution Amount.
Comment: Please update the estimate of costs of public improvements in Article V. Section
24 to reflect removal of the management fee from the cost estimate.
Response: This change has been made.
Comment: Please provide a redline of changes made from the model service plan. Changes
that staff have requested may be reflected in the redline.
Response: Enclosed with this response is a redline showing all changes from the model service
plan.
Additional comments for general information:
Comment: The applicant is advised that staff may provide additional information and
context in the meeting packet with respect to the applicant’s statement that “The debt mill
levy of 55 mills is consistent with the mill levies authorized for other metropolitan districts
in Arvada.” The mill levies reflected in the table provided by the applicant do not appear to
show that is authorized as the debt mill levy cap in the districts’ service plans but rather
what the districts certified for collection which amount may be above (or below) what’s
expressly authorized as the cap in the service plan due to changes in the method of calculating
assessed valuation and have be increased (or decreased) so that the actual tax revenues
generated by the mill levy are not enhanced or diminished by such changes. The applicant is
also welcome to provide any additional clarification or information with respect to this.
Response: The Applicant would like to add the following table to its response. This table shows
both the current debt service mill levy being imposed as well as the debt service mill levy that is
authorized in the respective service plans. Some of these service plans allow for mill levy
adjustments from as far back as 2004.
District Name

Debt Mill Levy (2025 for Debt Service Mill Levy
collection in 2026)
in Service Plan

Canyon Pines Metropolitan District

63.680

50 mills adjusted from
January 1, 2004

Cimarron Metropolitan District

0.00

50 mills adjusted from
January 1, 2004

City of Arvada
July 27, 2026
Page 4

GEOS Neighborhood Metropolitan 45.645
District

40 mills adjusted from
January 1, 2007

Haskins
District

Metropolitan 57.176

50 mills adjusted from
January 1, 2017

Hometown Metropolitan District No. 22.739
2

40 mills adjusted from
January 1, 2004

Jefferson
Center
District No. 1

Metropolitan 54.919

50 mills adjusted from
January 1, 2004

Jefferson
Center
District No. 2

Metropolitan 0.00

50 mills adjusted from
January 1, 2004

Station

Kipling Ridge Metropolitan District

0.000

40 mills adjusted from
August 2, 2004

Leyden Ranch Metropolitan District

38.000

40 mills adjusted from
January 1, 2011

Leyden Rock Metropolitan District 27.511
No. 10

40 mills adjusted from
January 1, 2004

Mountain Shadows (Whisper Creek) 38.636
Metropolitan District

50 mills adjusted from
January 1, 2004

Richards Farm Metropolitan District 34.873
No. 2

40 mills adjusted from
January 1, 2004

Sabell Metropolitan District

50 mills adjusted from
January 1, 2017

57.161

City of Arvada
July 27, 2026
Page 5

Vauxmont Metropolitan District

63.303

50 mills adjusted from
January 1, 2004

Westown (Hometown District No. 1) 41.200
Metropolitan District

50 mills adjusted from
January 1, 2004

The Applicant respectfully requests that the Service Plan be considered by the City Council
in a public hearing at the September 1st Business Meeting.
Sincerely,
WBA, PC

Enclosures

Megan J. Murphy
Shareholder

Megan J. Murphy
Shareholder

303-858-1800
[email protected]

August 26, 2026
VIA EMAIL
City of Arvada
Bryan Archer, Finance Director ([email protected])
Megan McCall, Assistant City Attorney ([email protected])
Rozalynne Thompson, Principal Planner ([email protected])

Re: Regional Contribution for Scenic Heights West Metropolitan District Service Plan, 7095
Kipling Street, Arvada, CO 80004-1654 (DA2026-0012)
Dear Mr. Archer, Ms. McCall, and Ms. Thompson:
WBA, PC serves as counsel to Kipling Investment LLC (the “Applicant”) regarding the Scenic
Heights West Metropolitan District Service Plan. Following the City’s request that the Applicant
provide an updated Regional Contribution amount in advance of City Council public hearing, the
Applicant has reviewed and reflected further on this figure. This letter proposes to revise the
Regional Contribution from $197,314 — previously accepted by the City and reflected in the
Intergovernmental Agreement (Exhibit D) and Financial Plan (Exhibit F) to the Service Plan — to
$250,000, for the reasons set forth below.
The $197,314 figure was calculated as the net present value of the Average Regional
Improvements (“ARI”) mill levy under the City’s Model Service Plan schedule, using a 40-year
term. Recalculating that same net present value methodology using the full 50-year ARI mill levy
term set forth in the Model Service Plan produces a substantially higher result: approximately
$737,825, or $9,582 per home (52% of Scenic Heights West’s appraised land value). Rather than
simply substituting that corrected 50-year calculation — which the Applicant believes is
unworkable for the reasons discussed below — the Applicant undertook a broader review of the
methodologies available for establishing the Regional Contribution, summarized in the table
below.

2154 E. Commons Ave., Ste. 2000

|

Centennial, CO 80122

|

P 303.858.1800

F 303.858.1801

|

wbapc.com

City of Arvada
August 26, 2026
Page 2
Option Basis

Regional
Contribution

Per Home

% of
Appraised
Land Value

1

Regional Contribution scaled for
Scenic Heights West’s average
home value relative to Haskins
Station/Sabell

$235,000

$3,052

17%

2

5% of the District’s Total Debt
Issuance Limitation (the City’s
own Model Service Plan
framework) — Recommended

$250,000

$3,247

18%

3

Same per-home contribution as
Haskins Station and Sabell
Metropolitan Districts

$361,900

$4,700

25%

4

11% of the estimated Total Cost of
Public Improvements (consistent
with Haskins Station/Sabell)

$500,290

$6,497

35%

Net present value of the Average
$737,825
$9,582
Regional Improvements (“ARI”)
mill levy under the City’s Model
Service Plan schedule (full 50-year
term)
According to the Applicant Scenic Heights West is appraised at $1,415,000.

52%

5

Option 5 is not a workable outcome — it is more than double the per-home amount actually paid
by Haskins Station and Sabell and would represent 52% of Scenic Heights West’s land value.
Options 3 and 4 are likewise disproportionate once Scenic Heights West’s size and product type
are considered. The Applicant recommends Option 2: 5% of the District’s Total Debt Issuance
Limitation. For context, the table below compares the proposed $250,000 Regional Contribution
to the amounts actually paid by Haskins Station and Sabell:
District

Units

Total Debt
Issuance
Limitation

Haskins Station

477

Sabell
Scenic Heights
West
(proposed)

Regional
Contribution

% of
Improvement
Cost

Per Unit

$36,000,000 $2,255,213.20 6.26%

12.75%

$4,727.91

249

$30,000,000 $1,174,786.80 3.92%

10.19%

$4,718.02

77

$5,000,000

5.50%

$3,246.75

$250,000.00

% of
Debt
Limit

5.00%

City of Arvada
August 26, 2026
Page 3
The Applicant respectfully submits that $250,000 is the appropriate Regional Contribution for
Scenic Heights West, for the following reasons:
1. Market timing and product type. The Haskins Station and Sabell per-home figures reflect
the 2018–2019 market for detached single-family product. A 2026 attainable, attached-product
community should not be measured against 2018 detached single-family benchmarks.
2. Scale. Scenic Heights West comprises 77 homes on approximately 6.83 acres, compared to
249 dwelling units on approximately 25 acres (Sabell) and 477 dwelling units on
approximately 62 acres (Haskins Station). On a per-acre or density basis, Scenic Heights
West’s proportional share of regional impact — and corresponding Regional Contribution —
is substantially smaller.
3. Roads and traffic impact. The regional road network adjacent to Scenic Heights West is
substantially funded, and Scenic Heights West, at roughly one-tenth the unit count of Haskins
Station, will generate proportionally fewer vehicle trips — the impact the Regional
Contribution for street improvements is intended to address.
4. Consistency with the City’s framework. Option 2 applies the same approximately 5%-ofdebt-limit calculation that was approved by City Council and applied in Haskins Station and
Sabell rather than an ad hoc comparison, giving the City a repeatable, defensible number for
this and future small districts. This approach is consistent with the Applicant’s prior
discussions with Councilmember Fifer.
The Applicant requests that the City accept $250,000 as the Regional Contribution for Scenic
Heights West Metropolitan District for purposes of the September 1, 2026 public hearing. The
Applicant will submit a revised Exhibit D (Intergovernmental Agreement) and Exhibit F (Financial
Plan) reflecting this amount promptly upon the City’s confirmation.
Please let us know if you have any questions. We appreciate the City’s continued engagement on
this issue in advance of the September 1st hearing.
Sincerely,
WBA, PC

Megan J. Murphy
Shareholder

PROPOSED
SCENIC HEIGHTS WEST
METROPOLITAN DISTRICT
City Council Presentation
City of Arvada, Colorado
Service Plan dated August 5, 2026

PROPOSED SCENIC HEIGHTS WEST
DEVELOPMENT
Acreage and Location: Approximately 7 acres (6.83 surveyed acres) of
vacant land within the City of Arvada and Jefferson County, generally located
along Kipling Street between W. 70th and W 71st Avenues

Developer: Kipling Investments, LLC a Colorado based developer
prioritizing sustainable communities
Key Features
- 77 homes (51 townhomes, 26 single-family detached)
- Renewable, sustainable, community amenities, parks, etc.
8/28/2026

Scenic Heights West Metropolitan District

2

COMMUNITY ENGAGEMENT
• The project went through the required neighborhood meeting and public hearing
process during entitlement. No additional extensive community outreach was
conducted.
• There have been two iterations of the Site Development Plan, including revisions
that increased the size of the attached townhome units and refinements to the
single-family detached product. There was no increase in density from the
original Site Development Plan.
• Feedback received through the neighborhood meeting and public hearing
process was considered as the plans were refined. No significant additional
community feedback has been received.

8/28/2026

Scenic Heights West Metropolitan District

3

GENERAL PURPOSE OF METROPOLITAN
DISTRICT
§ Finance and construct public improvements
§ Provide ongoing operations and maintenance
§ Covenant enforcement authority
§ Power of eminent domain (only with City consent)
§ Ability to levy taxes, fees, and charges
§ Provision of Key Services
§ Street improvements, traffic and safety controls
§ Parks, recreations, trails, and open space improvements
§ Drainage and irrigation system improvements
8/28/2026

Scenic Heights West Metropolitan District

4

STATUTORY PROTECTIONS
§ In the 1980s, Colorado’s financial struggles pushed lawmakers to reform the
Special District Act
§ A key reform: C.R.S. Section 32-1-11012(6), which restricts how metropolitan
districts can issue debt
§ The Special District Act has continued to evolve to ensure accountability and
transparency
§ Why It Matters
§ These protections safeguard residents against excessive taxes and ensure
transparent and responsible governance

8/28/2026

Scenic Heights West Metropolitan District

5

STATUTORY PROTECTIONS: ENSURING
TRANSPARENCY (1 OF 2)

§ Must hold open meetings with due notice to the public pursuant to Section 246-402, C.R.S.
§ Must maintain minutes of all meetings and other records for public inspection,
pursuant to Section 32-1-902, C.R.S.
§ Must hold regular elections for the governing board of directors, pursuant to
Section 32-1-103, C.R.S.
§ Must adopt annual budgets, pursuant to Section 29-1-103, C.R.S.
§ Must submit to annual financial audits (certain exemptions exist), pursuant to
Section 29-1-606, C.R.S.

8/28/2026

Scenic Heights West Metropolitan District

6

STATUTORY PROTECTIONS: ENSURING
TRANSPARENCY (2 OF 2)

§ Must provide annual transparency notice to all eligible electors, in accordance
with Section 32-1-809, C.R.S.
§ Metropolitan districts with residential units must conduct an annual meeting in
accordance with Section 32-1-903.(6), C.R.S., to provide: (1) a presentation on
the status of public improvements and outstanding bonds, (2) review of
unaudited financial statements, and (3) an opportunity for the public to ask
questions
§ Must record a special district public disclosure document and map, pursuant to
Section 32-1-104.8, C.R.S.
§ Must submit an annual report to the City no later than August 1st each year, per
the Service Plan.

8/28/2026

Scenic Heights West Metropolitan District

7

SERVICE PLAN PROTECTIONS
§ Disclosure requirements
§ The District shall record a separate notice against all property within the
District, substantially complying with the Model Notice included in the
Service Plan (Exhibit E)
§ Statutory mandated disclosure by all sellers to purchasers, to ensure every
buyer understands: (i) the District’s purpose and existence, and (ii) the
associated financial obligations before purchasing a home

8/28/2026

Scenic Heights West Metropolitan District

8

SINGLE-DISTRICT STRUCTURE
§ Developments typically utilize either a single-district or a multi-district structure.
The proposed District will use a single-district structure. The structure offers
many benefits, including:
§ Faster Board transition to resident control
§ Homeowners are able to run for the Board at the first regular election after
they move into the District
§ No delays or layers of outside control form a separate “control” district
§ Residents have more influence over decisions impacting their community
§ Centralized governance

8/28/2026

Scenic Heights West Metropolitan District

9

DISTRICT POWERS
§ The District shall have all of the powers of a metropolitan district described in
Sections 32-1-1001 and 32-1-1004, C.R.S., subject to the limitations outlined in
the Service Plan
§ The purpose of the District is to plan for, design, acquire, construct, install,
relocate, redevelop, and finance the Public Improvements
§ If set forth in an intergovernmental agreement with the City, the District shall be
authorized to own, operate, and maintain Public Improvements not otherwise
required to be dedicated to the City or other public entity
§ The District shall have the power to borrow money, incur indebtedness, and
issue bonds

8/28/2026

Scenic Heights West Metropolitan District

10

DISTRICT LIMITATIONS
§ The District shall not be authorized to plan for, design, acquire, construct, install,
relocate, redevelop, finance, own, operate, or maintain fire protection or
television relay and translation facilities and services
§ The District shall not be authorized to plan for, design, acquire, construct, install,
relocate, redevelop, finance, own, operate, o maintain a golf course unless
pursuant to an intergovernmental agreement with the City
§ The District shall not include within its boundaries any property outside the
Service Area, or exclude any property from its boundaries, without the prior
written consent of the City
§ The District shall be authorized to utilize the power of eminent domain only with
the consent of the City and in accordance with the Intergovernmental Agreement
8/28/2026

Scenic Heights West Metropolitan District

11

DISTRICT FINANCIALS
Estimated Public
Improvements Cost
$4.5M

Debt Limit

Debt Mill Levy Cap

$5.0M

55 mills

$4,548,099 per preliminary engineering
estimate

40-year maximum term

Aggregate Mill Levy Cap

Projected Bond Repayment

Regional Contribution

75 mills

30-year terms

$197,314

Within the Service Plan’s 40-year maximum

One-time payment from bond proceeds to the
City (not an ongoing mill levy)

55 debt service + 20 operations and
maintenance

8/28/2026

Scenic Heights West Metropolitan District

12

DEVELOPER COSTS TO DEVELOP THE
COMMUNITY
Preliminary Engineering Survey (Cost of Public Improvements)

$4,687,599

Preliminary Engineering Survey (Cost of Private Improvements)

$13,326,257

Total Costs of Developer to Develop the Community (Public Improvements and
Private Improvements)

$18,013,856

Financial Plan Series 2027 Estimated Proceeds from District Debt

$2,333,882

Financial Plan Series 2037 Estimated Proceeds from District Debt

$1,165,000

Regional Contribution to the City

$250,000

Financial Plan Total Estimated Proceeds from District Debt

$3,248,882

Costs of Developer to Develop the Community that are not repaid with District Debt

$14,764,974

8/28/2026

Scenic Heights West Metropolitan District

13

CONCLUSION
Formation of the Scenic Heights West Metropolitan District is essential to deliver
the infrastructure for a sustainable, affordable, and vibrant community. This project
expands the City’s housing diversity, tax base, and long-term economic vitality.
Thank you for your time and consideration. We are available for any questions you
may have on the proposed Scenic Heights West Metropolitan District and Service
Plan.

8/28/2026

Scenic Heights West Metropolitan District

14

REPORT FROM CITY COUNCIL

AGENDA ITEM
12.A.

DATE: September 1, 2026
SUBJECT: Council Committee Reports
Report in Brief
City Council members are appointed to various committees and boards as set out on the attached listing. As
meetings are held, individual council members will report back to the full City Council any relevant discussions
and issues that occurred.

Prepared by:
Chris Koch, CCO Admin
Lauren Simpson

Arvada City Attorney Committee
Arvada Municipal Court/Judicial Committee
Arvada Urban Renewal Authority
Arvada Visitors Center Committee
E-470 Authority (Alternate)
*Metro Mayors’ Caucus
Olde Town Business Improvement (BID)(Alternate)
Urban Drainage and Flood Control District
West Connect Coalition

Randy Moorman

Arvada Audit Committee
Arvada Center for the Arts and Humanities
Arvada Sustainability Committee
CML Policy Committee
Jefferson Parkway Public Highway Authority
Northwest Parkway Authority (Alternate)

Shawna Ambrose

Adams County Regional Economic Partnership (ACREP)
Arvada Economic Development Association Board
Arvada Fire Protection District Coordinating Committee
Arvada Visitors Center Committee (Alternate)
Bond Oversight Committee
CML Policy Committee
Denver Regional Council of Governments (DRCOG) (Alternate)
Jefferson County R-1 Schools Coordinating Committee

SUBJECT: Council Committee Reports

PAGE: 2
ITEM: 12.A.

Sharon Davis

Apex Coordinating Committee
Arvada Fire Protection District Coordinating Committee
Arvada Municipal Court/Judicial Committee
Denver Regional Council of Governments (DRCOG)
E-470 Authority (Alternate)
Jefferson County Community Corrections Board
Jefferson Economic Development Council (JEDC)
Jeffco Transportation Action & Advisory Group (JEFFTAAG)

Bob Fifer

Arvada City Attorney Committee
Arvada Transportation Committee
Jefferson Parkway Public Highway Authority
Northwest Parkway Authority (Alternate)
Smart City Advisory Committee

Michael Griffith

Adams County Regional Economic Partnership (ACREP) (Alternate)
Arvada Audit Committee
Arvada Chamber of Commerce Government Affairs Committee
Housing Advisory Committee
Jeffco Transportation Action & Advisory Group (JEFFTAAG) (Alternate)
Jefferson County Community Corrections Board (Alternate)
Smart City Advisory Committee
West Connect Coalition (Alternate)

Rebecka Lovisone

Bond Oversight Committee
Jefferson County R-1 Schools Coordinating Committee
Olde Town Business Improvement (BID)

*asterisked committees are not appointed by Council

REPORT TO CITY COUNCIL
TO: THE HONORABLE CITY COUNCIL

AGENDA ITEM
13.A.

DATE: September 1, 2026

SUBJECT: Review of Future Workshops and Presentations
Report in Brief
The City Manager's Office maintains a list of upcoming workshops and presentations to be scheduled for City Council
meetings. During City Manager Reports, at the end of City Council business meetings, City Manager, Don Wick, will review
with City Council the tentative schedule and make any adjustments necessary.

Prepared by:
Chris Koch, CCO Admin
Reviewed by:
Approved by:
Rachel Morris, City Attorney
Allison Scheck, Deputy City Manager
Linda Haley, Deputy City Manager
Don Wick, City Manager

08/12/2026
08/13/2026
08/13/2026
08/13/2026

Enclosure, exhibits & attachments required to support the report

2026 CITY COUNCIL WORKSHOPS, STUDY SESSIONS,
PRESENTATIONS AND RETREATS (TENTATIVE)
WORKSHOPS

Date

Lead

Sexually Violent Predators (SVP)

Sept 8

CAO

Budget Workshop

Sept 22

FIN

Oct 13
Oct 27

CMO

Nov 10

CED

Nov 24
Dec 8

INFRA

Dec 8

CED

This workshop will present the details of the 2027-2028 proposed City Manager's Budget.
Presentations will be made by Work system and will include updates by each Department Head.
Next Steps: The 2027-2028 proposed budget will be presented to City Council for approval on
October 20th.

Homelessness Action Plan
The Homelessness Action Plan will guide the work of various City teams through 2030 . At this
workshop, we will provide a draft of the action plan for council's feedback and consensus to use
in finalizing the plan.

City Council/Planning Commission Workshop- Comprehensive Plan, Phase
2 (Tentative)
This workshop will focus on what we heard during Phase 2 engagement, including a review of the
draft Vision and Guiding Principles and discussion of how they reflect community values and
priorities. The meeting will also introduce the upcoming scenario planning process and explain
how the Vision and Guiding Principles will be used to evaluate alternative futures for Arvada.

No Meeting – Holiday Week
Infrastructure Annual Report
In this workshop, the Infrastructure team will present the status of system plans and key initiatives
advanced in 2026 in alignment with the City Council Strategic Plan. Performance results of work
system services will be shared.

Short Term Rentals
Per the Council's directive in March, representatives from CED, Code Enforcement and IT will
provide a six-month follow-up report to Council regarding the status of unlicensed properties and
general complaint trends following the amendments to the Land Development Code regarding
STRs.

No Meeting – Holiday Week

Dec 22

2027
Permitting Software Demonstration

Jan 26

CED

TBD
TBD
TBD
TBD

VCN
INFRA
CMO
INFRA

This workshop will provide an update to Council on our exciting implementation of the new
permitting, projects and Licensing software. Our team will present to Council the current project
progress as well as a demonstration of the new software capabilities.

Lake Arbor Golf Course
System Development Charges
End of Year City Council Strategic Plan Update
Pavement Program

PRESENTATIONS
Sustainability Advisory Committee
Housing Advisory Committee
Arts & Culture Commission
Transportation Committee
Festivals Commission
Parks Advisory Committee

March
May
June
Aug 18
INFRA
October
December

STUDY SESSIONS
Revised 8-26-26

Revised 2026-2030 City Council Strategic Plan
Paid Parking
Potential New Urban Renewal Areas
City Expenditures, BID and Chamber funding
Waste Diversion Plan

Sept. 1
Sept 15
Sept 15
TBD
TBD

CMO
INFRA
AURA
Finance
INFRA

COUNCIL JOINT MEETINGS/DINNERS:
Denver Water Board
Apex Board
AURA Board
Arvada Center Board–Per Coop Agreement - Annually after October 1 of each year
Jefferson Parkway Meeting with Jeffco and Broomfield
Council Annual Retreat

Revised 8-26-26