Does The District Assess “Standby Service Charges, For…The Availability of” Facilities?
So now that you know what “standby service charges, for…the availability of” facilities really are1, does the Incline Village General Improvement District (“IVGID”) have the power to assess such charges? As we explained in our Fees GIDs May Fix And From Time to Time Increase or Decrease discussion, the answer is NO! That’s because no such beast exists. Not in NRS 318.197(1), nor in any of the reported cases. Yet notwithstanding, listen to what staff and past/current Boards regularly do:
“Each year, the District establishes…annual Recreation…and Beach Facility Fee(s)…The Board traditionally approves a Resolution which at ¶4(b)2 describes these fees as “standby and service charges…(for) the availability of the use of IVGID’s beaches; boat launch ramp; Championship golf course; Mountain golf course; tennis facilities; the Chateau and Aspen Grove; Diamond Peak Ski Resort, and Recreation Center.”3 And at ¶6 of that Resolution, a Report4 which outlines the billing and collection process set forth in…Nevada Revised Statutes 318.197” and 318.201, respectively5 is adopted. At ¶I thereof it describes these fees as “annual charges…for the availability of use of the recreational facilities above described.”
And now you know!
- See our What Are “Standby Service Charges For…The Availability of” Facilities discussion.
- An example of that resolution is the one adopted for FY 2025-26; Resolution No. 1917. Which can be viewed at pages 108-111 of the packet of materials prepared by staff in anticipation of the Board’s May 30, 2025 meeting (“the 5/30/2025 Board packet“).
- In other words, recreation facilities!
- An example of the Report adopted for FY 2025-26 appears at pages 112-117 of the 5/30/2025 Board packet.
- See page 105 of the 5/30/2025 Board packet.
