Many are of the opinion all local governments are empowered to adopt any “fees” of their choosing simply because they are “governments.” In fact, in Incline Village/Crystal Bay this opinion extends to monetary exactions of all kinds as long as … Continue reading →
Given NRS 318.197(1) gives GID Boards the power to fix “rates, tolls and charges,” here the questions: are there limits on the “fees” a GID Board is authorized to fix and change; and if so, what are they? As with … Continue reading →
Courts have oftentimes been asked to define the characteristics of a “tax,” and how they differ from other kinds of monetary exactions such as “fees.” The distinction is one that is not always observed with nicety in judicial decisions. Notwithstanding, … Continue reading →
As stated elsewhere, all general improvement district (“GID”) Boards have the power to “Fix, and from time to time increase or decrease: electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow … Continue reading →
Well it depends upon what type of “fee” we’re talking about. For instance, Generic Fees: If it’s a generic “fee,” which no other statute specifically addresses, all that’s required is a mere Board majority. Water And Sanitary Sewer Fees: If … Continue reading →
As elsewhere stated, according to Emerson College v. City of Boston, 391 Mass. 415, 424-425, 462 N.E.2d 1098, 1105 (1984), fees “based on the rights of (a governmental) entity as proprietor of the instrumentalities used” are: 1. Charged “in exchange … Continue reading →
Given Board Policy Nos. 6.2.0.3.0 and 6.2.0.4.0 instruct that “The District establishes, through the annual budget process, a Recreation…(as well as) a Beach Facility Fee assessed on eligible parcels and/or dwelling units within the District…to (financially) support the Beaches (and)…Community Services facilities, venues, services, and … Continue reading →
In a nutshell, taxes. Not fees, but taxes. And invalid ones no less! Nevertheless, let’s not go there…yet. Let’s assume for purposes of argument the RFF/BFF are fees. Fees “based on the rights of (a governmental) entity as proprietor of … Continue reading →
As elsewhere stated, staff and past IVGID Boards have told us what the RFF/BFF allegedly pay for. Here we share how they’re able to levy and collect them against local parcels. As the reader will see, it’s a three (3) … Continue reading →
Because the RFF and the BFF represent such large percentages of the revenues assigned to the District’s Community Services (i.e., public recreation) and Beach Funds, respectively, we believe it important to understand what these monetary exactions actually represent. And their … Continue reading →