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IVGID 101

Past and present

  • IVGID 101
  • General Info
    • What Are GIDs?
    • How GIDs Differ From Municipalities
    • How GIDs Are Created
    • How GIDs Are Merged or Dissolved
    • How a GID’s Powers Differ From Those of Municipalities
    • Why The Need For GIDs?
    • IVGID According to Past Boards/Staff
    • IVGID According to Those With an Agenda
    • IVGID According to Us
  • History
    • Early Years
    • How, When, And Why The Incline Village General Improvement District (“IVGID”) Was Created
    • Was it Purely Coincidental That The Incline Village General Improvement District (“IVGID”) Was Created Immediately After Adoption of Nevada’s General Improvement District (“GID”) Law?
  • Powers
    • Powers All GIDs Can Exercise
    • Basic Powers All GIDs May Exercise Once Granted
    • Basic Powers IVGID Has Been Granted
      • Streets And Alleys
      • Curbs, Gutters And Sidewalks
      • Facilities For Water
      • Sanitary Facilities For Sewerage
      • Facilities For Garbage/Refuse Collection/Disposal
      • Facilities For Storm Drainage/Flood Control
      • Facilities For Recreation
      • Electric Light And Power
      • Electric Energy
        • Electric Vehicle Charging Stations
    • Essentially All Powers Have Been Abdicated to Staff
    • Some of The Impermissible Powers IVGID Exercises
      • Introduction
      • Operating The Public’s Recreation Facilities as if They Were Commercial Business Enterprises
      • Operating The Public’s Recreation Facilities as if They Were Private, Commercial, Business Enterprises
      • Operating Facilities For Food And Beverage
      • Operating Retail Sales Facilities
      • Use of Village Green as an Emergency Helipad
      • Marketing The District’s Public Recreation/Other Facilities/Services to The World’s Tourists
      • Snowplowing The County’s Public Dedicated Streets And Highways
      • Public Relations/Communications
      • Regional Transportation
      • Massive Philanthropy in Favor of Special Interests And Favored Collaborators
      • Lobbying For/Against Federal/Statewide Legislation
      • Fuels Management/Defensible Space Services
      • Legislating
      • Landscape Maintenance Services For Others
      • Acquiring Property For Open Space
      • Fourth of July Fireworks
      • Community Programming
      • Exempting Itself And Its Favored Collaborators From Paying The Fees It Assesses
      • Facility/Event Sales
      • Child Care
      • Magazine Publishing
      • Clothing/Hard Goods/Sports Equipment Sales at Retail
    • Staff/Board Justification For Exceeding District Powers
    • Staff’s Refusal to Recognize Limits
    • No Remedy to Enjoin IVGID’s Exercise of Ultra Vires Acts
  • Fees
    • What is a Fee?
    • The Differences Between Fees, Taxes, And Special Assessments
    • The Fees All GIDs Can Charge
      • “Rates, Tolls or Charges Other Than Special Assessments”
      • “Service Charges…For Services or Facilities”
      • “Charges For The Availability of Service”
      • “Standby Service Charges For Services”
      • “Standby Service Charges For…Facilities”
      • “Annexation Charges”
      • “Minimum Charges”
    • The Fees IVGID Charges
      • Introduction
      • “Rates, Tolls or Charges Other Than Special Assessments”
        • Water Charges
        • Sewer Charges
        • Solid Waste Charges
      • Facility Fees
      • Charges For The Availability of Facilities
      • Defensible Space/Fuels Management
      • Solid Waste Franchise Fees
      • “Minimum Charges”
      • “Annexation Charges”
      • Other Peoples’ Fees
    • Some of The Impermissible Fees IVGID Charges
      • The District’s Beach Facility Fee (“BFF”)
      • The District’s Recreation Facility Fee (“RFF”)
        • How The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Are Levied And Collected
        • No Remedy to Challenge The Validity of IVGID’s RFF/BFF
      • Defensible Space/Fuels Management
      • Solid Waste Franchise Fees
      • Other Peoples’ Fees
    • No Remedy to Enjoin IVGID’s Assessment of Impermissible Fees
  • Taxes/Assessments
  • Financial Reporting
    • Nevada’s Local Government Budget And Finance Act (“LGBFA”)
    • Understanding IVGID’s Funds Structure
    • Budgets
      • Budgets
        • What is a “Budget” Insofar as Local Governments in Nevada Are Concerned, And How is it Adopted?
        • Do The Incline Village General Improvement District’s (“IVGID’s”) Budgets Guaranty Staff Will Not Spend Public Monies, Nor Incur Public Liabilities, Nor Enter Into Public Contracts Which By Their Terms Involve Expenditures in Excess of Those Expressly Appropriated?
        • Whenever The District Budgets to Overspend, Local Parcel Owners Who Are Forced to Subsidize That Overspending With Their Beach (“BFF”) And/or Recreation (“RFF”) Facility Fees End Up Paying, Whether or Not That Overspending Actually Takes Place
    • Audits
      • Audits
        • What is an “Audit” Insofar as Local Governments in Nevada Are Concerned, And What Must it Include?
        • What Type of Audit Does The District Commission?
        • What Does an Audit For a Nevada Local Government Cost?
        • Do The Incline Village General Improvement District’s (“IVGID’s”) Audited Financial Statements Provide The Reasonable Assurance They’re Free From Material Misstatement?
    • Violations of Nevada’s Local Government Budget And Finance Act (“LGBFA”)
      • Is The District in Violation of The Local Government Budget and Finance Act (“LGBFA”) Because of Its Failure to Create New Major Reporting Funds For Ski, Champ Golf And Possibly Mountain Golf?
    • No Remedy to Address IVGID’s LGBFA Violations
  • Legal Issues
    • How The Legislature Instructs We Construe The Limited Powers a General Improvement District (“GID”) May Exercise
    • How Courts Instruct We Construe Those Statutes Which Impact General Improvement Districts (“GIDs”)
  • Misc
  • Contact
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Author Archives: Admin

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Remedies (Available to The General Public) to Address Questions of Whether a General Improvement District (“GID”) is Exceeding or Plans to Exceed its Permissible Powers

IVGID 101 Posted on May 17, 2023 by AdminOctober 6, 2023

What remedies are available to members of the general assuming one or more allege the District is exceeding its limited powers? The answer is simple. There are none! Some years ago a member of the public brought suit against the Incline … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF) Facility “Fees” Really “Fees?” Or Are They “Taxes?”

IVGID 101 Posted on May 17, 2023 by AdminAugust 6, 2026

They’re taxes. And what follows are the many reasons why. As we’ve demonstrated elsewhere, “Each year the District establishes…annual Recreation…and Beach Facility Fee(s)…collected from property owners within the District through a levy placed on the(ir) property tax bill(s). As part of … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF) Facility “Fees” Really “Taxes?”

IVGID 101 Posted on May 17, 2023 by AdminAugust 5, 2026

As we’ve demonstrated elsewhere, “each year, the District establishes…annual Recreation…and Beach Facility Fee(s)…collected from property owners within the District through a levy placed on the(ir) property tax bill(s)…As part of the annual budget process the Board…approves a resolution which outlines … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Adopted Deprived Those Whose Real Properties Were Involuntarily Assessed Due Process?

IVGID 101 Posted on May 16, 2023 by AdminApril 20, 2026

In a word, no! As we’ve elsewhere stated, given “the Nevada Constitution is The ‘Supreme Law of The State which `control[s] over any conflicting statutory provisions,’” “it is fundamental to our federal, constitutional system of government that a State legislature … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Valid Given They’re The Product of Nonexchange Transactions?

IVGID 101 Posted on May 16, 2023 by AdminApril 20, 2026

In a word, no! As elsewhere explained, “In a nonexchange transaction, a government gives (or receives) value without directly receiving (or giving) equal value in return. This is different from an exchange transaction, in which each party receives and gives … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Valid Given There’s No Limit on How Much Nor How Often They Can Increase?

IVGID 101 Posted on May 16, 2023 by AdminApril 20, 2026

As we’ve elsewhere discussed, the District not only has the power to levy an ad valorem tax against all non-exempt parcels within its boundaries, but it actually takes advantage of this power. However, there are explicit monetary limits on the … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Involuntarily Adopted is The Equivalent of a Local or Special Law And/Or One Not Capable of Uniform Operation Throughout The State?

IVGID 101 Posted on May 16, 2023 by AdminApril 20, 2026

In a word, no! Given “the Nevada Constitution is The ‘Supreme Law of The State which `control[s] over any conflicting statutory provisions,’” “it is fundamental to our federal, constitutional system of government that a State legislature (or here a limited … Continue reading →

Has The District Acknowledged Its Recreation (“RFF”) And Beach (“BFF”) Facility Fees Are Actually “Taxes” Because of The Previous Change in Community Services And Beach Fund Accounting?

IVGID 101 Posted on May 16, 2023 by AdminApril 3, 2026

In a word, yes! Preface: Before we begin, we suggest the reader familiarize him/herself with the District’s Fund Structure. For purposes of this discussion we feel the reader needs understand the District’s Community Services and Beach Funds. So with that … Continue reading →

Are The District’s Recreation (“RFF”) and Beach (“BFF”) Facility “Fees” Actually “Taxes” Because Their Primary Purpose is to Generate Revenue?

IVGID 101 Posted on May 16, 2023 by AdminApril 3, 2026

Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “annexation charges.” Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” As we’ve elsewhere documented, according to staff … Continue reading →

Are The District’s Recreation (“RFF”) and Beach (“BFF”) Facility “Fees” Actually “Taxes” Because of The Manner Within Which They Are Spent?

IVGID 101 Posted on May 16, 2023 by AdminApril 3, 2026

For the reasons which follow, the answer is no! What is a “Special Assessment?” Since this subject is thoroughly examined at our What is a Special Assessment web page, rather than repeating ourselves, we simply refer the reader to this discussion. Listen … Continue reading →

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