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What Additional Basic Powers Have Been Expressly Granted To The Incline Village General Improvement District (“IVGID”)?

IVGID 101 Posted on by

As elsewhere discussed, GIDs are limited purpose special districts 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)…must 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 the powers: “as 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: 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 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 storm, sewer and other drainage facilities9;

(e) Construct or reconstruct a sanitary sewer system which includes mains, laterals, wyes, tees, meters, and collection, treatment and disposal plants10;

(f) Construct or reconstruct or improve systems or facilities for the supply, storage or distribution of water for private and public purposes11;

(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:” 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.” Accordingly on May 5, 1964, pursuant to this power, 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, pursuant to this power, the County Board passed Washoe County Bill No. 117, Ordinance No. 97, granting the District additional powers: (k) relating to public16 recreation17.

And on May 5, 1969, pursuant to this power, 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, it must be construed against the District and the power be denied22.

But as the reader will learn, IVGID staff do not recognize these limitations. They take the position that because IVGID “is a legally separate government…fiscally independent of any other governmental entity23…(it is) not financially accountable (to) any other entity.”24 For these reasons they call IVGID only “quasi public”25 rather than the “quasi-municipal corporation” it really is26. Armed with these views, and bolstered by past IVGID Boards which have abdicated away to staff most of the District’s powers27, current staff take the view that if it’s not expressly prohibited by the NRS, the District is free to fill the void notwithstanding NRS 318.17528, NRS 318.18029, NRS 318.18530, and NRS 318.015(1)31 all instruct to the contrary. Given staff’s massive overspending and its need to tax local properties (via disingenuous involuntary “fees”) to make up the deficiency, the conflict between staff and the public with the IVGID Board placed smack dab in the middle.

So now you know!

  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(d) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(10) and 318.135.
  10. See sec. 3(e) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(11) and 318.140(a).
  11. See sec. 3(g) of Ordinance No. 97, Bill No. 57, as authorized by NRS 318.116(15) and 318.144.
  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.”
  23. See that August 21, 2015 Memorandum to the Washoe County Board authored by former Washoe County Assistant District Attorney Paul Lipparelli re the Legal Authority of General Improvement Districts in Nevada.
  24. See ¶1(A) at page 35 of IVGID’s 2019 Comprehensive Annual Financial Report (“the 2019 CAFR”).
  25. See https://www.yourtahoeplace.com/ivgid/about-ivgid.
  26. See NRS 318.075(1) which instructs IVGID is a quasi-municipal corporation. But what is a quasi-municipal corporation? According to Eugene McQuillin’s landmark treatise The Law of Municipal Corporations 2d Ed., Chapter 2, §135, Municipal Corporations Distinguished From Quasi-Corporations, p. 403 (1940 Revision by Ray Smith), considered the definitive work in the area of municipal corporations, quasi-municipal corporations are “public agenc(ies) endowed with such of the (limited) attributes of a municipality as may be necessary in the performance of (their) limited objective(s). In other words…public agenc(ies) created or authorized by the legislature to aid the state in, or to take charge of, some public or state work, other than community government, for the general welfare…They are bodies that possess a limited number of corporate powers…which are low down in the scale or grade of corporate existence.”
  27. See ¶II of Policy 142, Resolution 1898 instructs that “the District operates under a Board-Manager form of government which places the Board of Trustees in the role of establishing overall IVGID policy direction. IVGID Staff is appointed to administer and execute day-to-day operations. The (General) Manager is responsible for supervising these operations and providing general administrative direction. With regard to IVGID personnel, it is the Board’s responsibility to establish overall guidelines governing IVGID’s approach to personnel matters. The (General) Manager’s role is to put these guidelines into the day-to-day practice of hiring, firing, motivating, promoting, demoting, compensating, and training individual employees.”
  28. Which instructs “the board shall have the power: (1) to manage, control and supervise all the business and affairs of the district; and, (2) to acquire, improve, equip, operate and maintain any district project.”
  29. Which instructs “the board shall have the power to hire and retain agents, employees, servants, engineers and attorneys, (as well as) any other persons necessary or desirable to effect the purposes of this chapter.”
  30. Which instructs “the board shall have the power to prescribe the duties of officers, agents, employees and servants, and (to) fix their compensation.”
  31. Which instructs that “for the accomplishment of these purposes the provisions of this chapter shall be broadly construed.”

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