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What Are “Standby Service Charges For…Facilities,” And Are They Assessed by The District?

IVGID 101 Posted on by

Given we’ve shared that a general improvement district’s (“GID’s”) Board of Trustees’ (“Board’s”) power to “fix, and from time to time increase or decrease…rates, tolls or charges other than special assessments” flows from NRS 318.197(1), and this NRS instructs those exactments may “includ(e)…standby service charges for services or facilities furnished,” here we examine standby service charges for facilities, and whether they are assessed by the District?

Much the same as our discussion of standby service charges for services, nowhere is the term defined. Neither in NRS 318, nor otherwise. Nor has the Nevada Supreme Court ever interpreted the term. So again we’re relegated to searching elsewhere for the answer. And this takes us back to the rules for construing statutes1 where words are omitted2, and California3 where it turns out there is no such thing as a standby service charge for facilities4. At best such charges can only legitimately pay for the mere availability to access services. Moreover, only public health and sanitation services (like water and sewer5!

Notwithstanding this type of fee doesn’t exist, anywhere (other than Incline Village/Crystal Bay), does the District charge “standby service charges for…facilities?” As discussed on our What Are Standby Service Charges For Services page, the answer is YES!

And now you know!

  1. See our discussion re How The Legislature Has Instructed We Construe The Powers a General Improvement District (“GID”) May Exercise.
  2. See See Saint Alphonsus Reg’l Med. Ctr. v. Gooding Cty., 159 Idaho 84, 356 P.3d 377, 382 (2015).
  3. See See Keller v. Chowchilla Water Dist., 80 Cal.App.4th 1006, 1011, 96 Cal.Rptr. 246, 250-51 (2000).
  4. See our What Are Standby Service Charges For Services discussion.
  5. See State of Hawaii v. Medeiros, 89 Haw. 361, 367, 973 P.2d 736, 742 (1999); Chapman v. City of Albuquerque, 65 N.M. 228, 335 P.2d 558, 562 (1959); Graham v. City of Lakewood Village, 796 S.W.2d 800, 801 (1990); Lakeside Utilities Corp. v. Bernum, 5 Ohio.St.3d 99, 449 N.E.2d 430, 431 (1983).

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