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Where Does The Money Come From to Pay For The District’s Fuels Management aka Defensible Space Services?

IVGID 101 Posted on by

Given NRS 318.210 instructs that “the board shall have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter;” and NRS 318.197(1) represents such a specific power which allows GID boards to “fix, and from time to time increase or decrease (various)…rates, tolls or charges other than special assessments;” the question: what exactly are those “rates,” “tolls” and “charges?” We believe they are different names for “specific services” for which “fixed price(s are) charged”1 also known as a “fees.” Individuals and businesses pay fees for a wide variety of reasons. Typically, they are associated with transactional relationships. That is, pay a user fee and realize a particular good or service. Like the cost of a round of golf at one of the District’s golf courses, or a lift ticket at Diamond Peak.

“Toll” is typically described as “a payment made for the right to cross a gate or bridge or drive on a road…It is generally associated with…fees charged for different modes of transportation (land, river, or sea) to have the right to travel on the respective roadway infrastructure.”2 Given no toll roads exist in Nevada3, the District doesn’t fix “tolls.”

Given the District is not authorized to furnish4 insect and rat extermination and abatement5, nor emergency medical services6, it is not authorized to fix “rates” and “charges” for these services.

Given the District is not authorized to furnish4 facilities for FM radio7 or television8, it is not authorized to fix “tolls, rates and other service or use charges” for these services.

However, given the District is authorized to furnish4 sewerage9, water10 and collection and disposal of garbage and refuse11 services or products, it is authorized12 to fix “rate(s and)…charge(s)” for these services.

And given the District is authorized to furnish4 facilities for public recreation13, it is authorized to fix “rate(s and)…charge(s)” for these services.

Bottom line, and for purposes of this discussion, all “rates” and “charges” the Incline Village GID (“IVGID”) is actually authorized to fix are fees.

And here the term “fee” is used by staff and the Board to describe “standby service charges for…the availability of the use of14…services and facilities15 furnished by the district.”16

So now you know!

  1. Go to https://www.investopedia.com/terms/f/fee.asp.
  2. Go to https://www.ferrovial.com/en/resources/tolls/#:~:text=A%20toll%20is%20a%20payment,or%20privately%20(through%20concessions).
  3. Go to https://tollguru.com/toll-wiki/nevada-toll-roads.
  4. See our Rate, Toll And Charge Powers The District is Authorized to Fix discussion.
  5. See NRS 318.118(8)(c).
  6. See NRS 318.1185(3).
  7. See NRS 318.1187(1)(c).
  8. See NRS 318.1192(3).
  9. See NRS 318.116(11).
  10. See NRS 318.116(15).
  11. See NRS 318.116(13).
  12. See NRS 318.199(2) or 318.197(1), respectively.
  13. See NRS 318.116(14).
  14. See page 492 of the packet of materials prepared by staff in anticipation of the Board’s May 25, 2023 meeting (“the 5/25/2023 Board packet“).
  15. Here charges for “electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood (control, snow removal, lighting, (and,) garbage or refuse.”
  16. See page 484 of the 5/25/2023 Board packet.

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