As elsewhere discussed, GIDs are limited purpose special districts intended to address very specific services along the lines of vector control (mosquitos), library, fire, water, sewer and cemetery districts. They are creatures of statute and in Nevada, those statutes are set forth at Title 25 of Chapter NRS 318¹. By statute²

Those “basic power(s)…for which the district was proposed to be created (for instance, by way of illustration, ‘paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district’)” were set forth in its initiating ordinance with the proviso “the(y were required to)…be one or more of those authorized in NRS 318.116, as supplemented by the sections of this chapter³ designated therein.”²

So in addition to those powers: “supplemented by the sections of this Chapter (NRS 318) designated therein;” in “other provisions supplemental thereto in this Chapter” (NRS 318); “otherwise provided by (another) statute;” and, “necessary or incidental to or implied from the specific powers granted in this Chapter“⁴ (NRS 318); what basic powers have been expressly granted to IVGID by the Washoe County Board?

IVGID’s Initiating Ordinance: Given NRS 318.055(4)(b) instructs that a GID’s initiating ordinance must set forth “a statement of the basic power or…powers for which the district is proposed to be created,” ¶3 of IVGID’s initiating ordinance⁵ granted IVGID the powers to:

(a) Grade, surface, regrade and resurface streets alleys and public highways⁶;

(b) Improve streets by constructing curbs, gutters, drains, catch basins, valley gutters and driveway inlets⁷;

(c) Construct or reconstruct sidewalks adjacent to or in combination with curbs and gutters⁸;

(d) Construct or reconstruct or improve systems or facilities for the supply, storage or distribution of water for private and public purposes⁹;

(e) Construct or reconstruct storm, sewer and other drainage facilities¹⁰;

(f) Construct or reconstruct a sanitary sewer system which include(d) mains, laterals, wyes, tees, meters, and collection, treatment and disposal plants¹¹;

(g) Sell any product or byproduct realized from the treatment of sewerage¹²; and,

(h) Operate, maintain and repair the improvements acquired by the District¹³.

Other Basic Powers Added Via “Proceedings…Had by The (County) Board:” Because NRS 318.077 instructs that

A GID’s Board of Trustees “may elect to add basic powers not provided in its formation, in which event (it) shall cause proceedings to be had by the board of county commissioners (‘County Board’) similar, as nearly as may be, to those provided for the formation of the district, and with like effect,”

On May 5, 1964 the County Board passed Washoe County Bill No. 102, Ordinance No. 97, granting the District additional powers: (i) relating to street lighting¹⁴ and, (j) garbage and refuse¹⁵;

Then on November 15, 1965 the County Board passed Washoe County Bill No. 117, Ordinance No. 97, granting the District additional powers: (k) relating to public¹⁶ recreation¹⁷; and,

Then on May 5, 1969 the County Board passed Washoe County Bill No. 227, Ordinance No. 97, granting the District additional powers: (l) relating to electric light and power¹⁸.

Conclusion: So there you have it! As a special purpose district¹⁹ IVGID’s basic powers are expressly limited²⁰ to those we have identified²¹. And remember, should there be any doubt as to the extent of those powers, that doubt must be construed against the District and the power be denied²².

And now you know!

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1. See Public Organizations for Community Service.
2. See NRS 318.055(4)(b).
3. See NRS 318.077 which states that “the board may elect to add basic powers not provided in its formation, in which event (it)…shall cause proceedings to be had by the Washoe County Board of Commissioners (“County Board”) similar, as nearly as may be, to those provided for the formation of the district, and with like effect.”
4. See our What Powers Are All GIDs Authorized to Exercise discussion.
5. See Washoe County Bill No. 57, Ordinance No. 97 adopted by the Washoe County Board of Commissioners (“County Board”) on May 20, 1961.
6. See sec. 3(a) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(7) and 318.120(2).
7. See sec. 3(b) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(8) and 318.125.
8. See sec. 3(c) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(9), NRS 318.130 and 318.125.
9. See sec. 3(g) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(15) and 318.144.
10. See sec. 3(d) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(10) and 318.135.
11. See sec. 3(e) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(11) and 318.140(a).
12. See sec. 3(f) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.140(b).
13. See sec. 3(h) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.145.
14. See NRS 318.116(12) and 318.141.
15. See NRS 318.116(13) and 318.142.
16. Note that initially the District was not granted the basic power to furnish facilities for recreation, but rather, to furnish facilities for public recreation (see 1965 Statutes of Nevada, commencing at page 1088, Sec. 21.5).
17. See NRS 318.116(14) and 318.143(1) and (3).
18. See NRS 318.116(1) and 318.117.
19. See NRS 308.020(2) which defines the term “special district” to “mean…any…general improvement district, or…other quasi-municipal corporation organized under the local improvement and service district laws of this State.”
20. NRS 244.137(3)(a) instructs that “Dillon’s Rule provides that (the governing board of a local government) possesses and may exercise only the following powers and no others: those…granted in express terms by the Nevada Constitution or statute.”
21. That’s it [see A.G.O. No. 63-61, p. 102, at p. 103 (August 12, 1963)].
22. NRS 244.137(4) instructs that “Dillon’s Rule also provides that if there is any fair or reasonable doubt concerning the existence of a power, that doubt is resolved against the board of county commissioners and the power is denied.”