Non-Standard Service Agreement Applicants/Assignees requesting or requiring non-standard service shall be required to execute a written NSSA. The District shall prepare and deliver the NSSA to the Applicant/Assignee within a reasonable time period as determined by the complexity of the project. The NSSA shall define the terms of service prior to construction of required service facilities for the project and may include, without limitation, provisions for the following: (A) Payment of all costs

Staff Report & Agenda Item Details

Non-Standard Service Agreement Applicants/Assignees requesting or requiring non-standard service shall be required to execute a written NSSA. The District shall prepare and deliver the NSSA to the Applicant/Assignee within a reasonable time period as determined by the complexity of the project. The NSSA shall define the terms of service prior to construction of required service facilities for the project and may include, without limitation, provisions for the following: (A) Payment of all costs associated with required administration, design, construction and inspection of facilities for water and/or wastewater service to the project; (B) Procedures by which the Applicant/Assignee shall accept or deny a contractor’s bid, thereby committing to continue or discontinue the project; (C) Amount and payment of capital contributions required by the District in addition to other costs required under this section; (D) Terms by which the Applicant/Assignee shall indemnify the District from all third-party claims or lawsuits arising from or related to the project; (E) Terms by which the Applicant/Assignee shall dedicate all constructed service facilities to the District and by which the District shall assume operation and maintenance responsibility, including any enforcement of warranties related to construction of the service facilities; (F) Terms by which the Applicant/Assignee shall grant title or easements to the District for rights-of-way, constructed service facilities, and service facility sites, and/or terms by which the Applicant/Assignee shall provide for the securing of required rights-of-way and sites; (G) Terms by which the District shall review and approve any applicable NSSA, Three-Way Contract or any other contract related to the project pursuant to current rules, regulations, and policies of the District; and (H) Terms by which the District shall administer the Applicant’s/Assignee’s project with respect to: (1) The design of the Applicant’s/Assignee’s service facilities; (2) Securing and qualifying bids; (3) Execution of the contract; (4) Selection of a qualified bidder for construction; (5) Dispensing advanced funds for construction of facilities required for the Applicant’s/Assignee’s service; (6) Inspecting construction of facilities; and (7) Testing facilities and closing the project. (8) The District and Applicant/Assignee must execute a NSSA before construction of service facilities for the project is commenced. In the event that the Applicant/Assignee commences construction of any such facilities prior to execution of the contract, the District may refuse to provide service to the Applicant/Assignee (or require full costs of replacing/repairing any facilities constructed without prior execution of the contract from any person buying a lot or home from Applicant/Assignee), require that all facilities be uncovered by the Applicant/Assignee for inspection by the District, require that any facilities not approved by the District be replaced, or take any other lawful action determined appropriate by the Board of Directors. e App App qualifying qualifyin of the contr f the contr n of a quali of a qual nsing adva nsing adv vice; vice; nspecting nspecting esting esting Board eview an ew a e project p project p ict shall a ict shall a cant cant Meeting con nd mainte maint the service fa he service f grant title or e nt title o cility sites, an cility sites, rights rights-of- -of-wa w d ap d 07-23-2026 or’s bid, or’s bid tion to othe on to othe trict from rict from structe struct

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.4/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.