In 1961, Washoe County passed Ordinance 97 which created the Incline Village General Improvement District, and gave it the following powers. The ordinance was amended in later years as shown – but at NO TIME were recreational services powers given to the District, only recreation facility powers. The District was created under NRS 318. See Nevada Law NRS 377A for an example of what recreational services involve. NRS 377A only applies to the smaller counties of Nevada – not Washoe County where the District is located.
Incline Village is located in unincorporated Washoe County, and is not a city or town.The District’s powers are also limited by Dillon’s Rule, which applies to local government in Nevada (with some exceptions for county government).
1961 ORDINANCE 97 of WASHOE COUNTY
The general purposes for which the district is proposed to
be formed, are:
(a) To grade and regrade and to surface and to resurface
streets, alleys and public highways, and parts thereof,
within the district, with suitable material, and to acquire
street and alley improvements necessary and incidental thereto.
(b) To improve streets within the district by grading
and regrading and by the construction and reconstruction of
curb, gutter and combined curb and gutter, in combination
with sidewalk or otherwise, and to acquire improvements
necessary and incidental to the foregoing improvements, including,
without limiting the generality thereof, drains,
·catch basins, valley gutters, driveway inlets and the removal
of existing improvements.
(c) To construct, reconstruct, replace or extend sidewalks,
adjacent to or in combination with curb and gutter
or otherwise, within the district, and to acquire improvements
necessary and incidental thereto.
(d) To construct, reconstruct, replace or extend storm
-sewer and other drainage facilities and improvements necessary
and incidental thereto within the district, including,
without limiting the generality of the foregoing, the laying
of pipes and the erection of catch basins, drains, and necessary
inlets and outlets.
(e) To construct, reconstruct, improve, extend or better
the sanitary sewer system or any part thereof, including
without limiting. the generality of the foregoing, mains,
laterals, wyes, tees, meters and collection, treatment and
disposal plants.
(f) To sell any product or byproduct thereof and acquire
the appropriate outlets within or without the district and to
extend the sewer lines of the district thereto.
(g) To acquire, construct, reconstruct, improve, extend
or better a works, system or facilities for the supply,
storage and distribution of water for private and public
purposes.
(h) To operate, maintain and repair the improvements
acquired by the district.
FEBRUARY 5, 1964
lo County Ordinance 97, Section 3, is hereby amended to add the
following powers to the Incline Village General Improvement District:
(i) To acquire, construct, reconstruct, improve,
extend or better a works, system or facilities for
lighting public streets, ways and places, or contract
for providing such facilities and the electrical current
necessary therefor, or such current, with any public
utility serving the district, at uniform rates and
charges established for the utility operator.
disposal of garbage and refuse, and to own and operate
equipment for the collection and disposal of, and collect
and dispose of, garbage and refuse, or to contract for
the collection and disposal of garbage and refuse from
within the district.
OCTOBER 5, 1965
1. County Ordinance 97, Section 3, is hereby amended
by adding. thereto a subsection (k) to read as follows:
11 (k) To acquire, construct, reconstruct, improve,
extend and better lands, works, systems and facilities
for public recreation. If the proposed recreational
facilities are situated within 7 miles from the boundary
of an incorporated city or unincorporated town, and if
the county in which the proposed recreational facilities
are situated has adopted a recreation plan pursuant to
Chapter 278 of NRS, the authority conferred herein by
this subsection (k) may be exercised only in conformity
with such p1an.”
APRIL 5, 1969
1. County Ordinance No. 97, Section 3, is hereby amended
by adding thereto a subsection (1) to read as follows:
1. To acquire, either by purchase, condemnation
or other legal means, all lands, rights and other
property necessary for the construction, use and
supply, operation, maintenance, repair and improvement
of the works of the district, including without
limitation, works, system, facilities or properties,
together with all parts thereof, the appurtenances
thereto, including contract rights, used and useful
primarily for the distribution of electric energy
to or for the public for any purpose, works constructed
and being constructed by private owners,
· and all other works and appurtenances, either within
or without the State of Nevada; provided that all
such tangible works of the district shall, upon acquisition
and for adequate .consideration, be transferred to and be thereafter owned and maintained by a public utility which is. regulated by the Public
Service Commission of Nevada.
[BUT THIS REGULATION WAS REMOVED in the 1970s. the PUC DOES NOT REGULATE General Improvement Districts.]
FEBRUARY 5, 1964
lo County Ordinance 97, Section 3, is hereby amended to add the
following powers to the Incline Village General Improvement District:
(i) To acquire, construct, reconstruct, improve,
extend or better a works, system or facilities for
lighting public streets, ways and places, or contract
for providing such facilities and the electrical current
necessary therefor, or such current, with any public
utility serving the district, at uniform rates and
charges established for the utility operator.
disposal of garbage and refuse, and to own and operate
equipment for the collection and disposal of, and collect
and dispose of, garbage and refuse, or to contract for
the collection and disposal of garbage and refuse from
within the district.
LINK TO WASHOE COUNTY ORDINANCE 97 PDF http://ourivcbvoice.com/wp-content/uploads/2023/04/Ordinance_97_Washoe_County_amended_searchable.pdf