Washoe County Ordinance 97
In 1961, the Incline Village General Improvement District was created for the purpose of street paving (including curbs and gutters), sidewalks, storm drainage, sewage disposal and water supply. Note that “facilities for public recreation” was not part of Ordinance 97 originally; this word was ONLY added in 1965. In 1964, Trash management was added, as well as street lighting. Therefore, IVGID is authorized for the purpose of street paving (including curs and gutters), sidewalks, storm drainage, sewage disposal and water supply, street lighting, trash management, and public recreation facilities. That’s it. Recreational services are not included in Washoe County Ordinance 97 (1961), nor in NRS 318, the Nevada law under which IVGID was created. For an example of “recreational services”, see NRS 377A, which applies only to smaller counties of Nevada, not Washoe or Clark County.
TEXT of WASHOE COUNTY ORDINANCE 97 (1961):
Summary – An Ordinance Creating the
Incline Village General Improvement
District
BILL NO. 57
ORDINANCE NO. 97
1 of 1
(of Washoe County Nevada)
AN ORDINANCE CREATING THE INCLINE VILLAGE GENERAL
IMPROVEMENT DISTRICT PURPOSED FOR PAVING, CURBS
AND GUTTERS, SIDEWALKS, STORM DRAINAGE, SEWER
DISPOSAL AND WATER SUPPLY; AND DECLARING
AN EMERGENCY
WHEREAS, on the 20th day of April, 1961, this Board adopted
an Ordinance numbered 95 entitled “An Ordinance Initiating Proceedings
for the Organization of the Incline Village General Improvement District
Purposed for Paving, Curbs and Gutters, Sidewalks, Storm Drainage, Sewer
Disposal and Water Supply; Providing for Publication and Notice of Hearing
and Hearing on the Creation of the District and Declaring an
Emergency”, wherein it did provide for the publication of notice of
hearing on the creation of the District and declaring an emergency;
WHEREAS, as appears from the affidavit of publication on file
in the office of the County Clerk, a copy of said Ordinance was published
by title, together with a separate statement to the effect that typewritten
copies of the Ordinance were available for inspection at the
office of the County Clerk by all interested persons, together with
the names of the County Commissioners voting for or against its passage,
in the Nevada State Journal, a newspaper of general circulation printed
and published in the County of Washoe, and being the newspaper which
was most likely to give notice to persons interested therein, at least
once a week for a period of two weeks before said Ordinance became
effective;
WHEREAS, as appears from the affidavit of publication on file
in the office of the County Clerk, said .Clerk gave notice by publication
of the intention of this Board to establish such District, which notice
set forth the name, statement of purposes, general description of its
boundaries and the time and place of hearing, in the Nevada State
Journal, a newspaper of general circulation in the District, and being
the newspaper most likely to give notice to interested persons in said
matter, once a week for three consecutive weeks, the first of which was
at least fifteen days prior to the day of hearing;
WHEREAS, on the 20th day of April, 1961, as appears from affidavits
of posting on file with the County Clerk, a full, true and
correct copy of said Notice was posted on the bulletin board in the
entrance hall to the office of the County Clerk of Washoe County, and
full, true and correct copies of said notice were conspicuously posted
in three public places within said District;
WHEREAS, on the 4th. day of May, 1961, as appears from the
affidavit of mailing on file in the office of the County Clerk, full,
true and correct copies of the notice of intention to establish said
District were mailed by first class mail in sealed envelopes, postage
prepaid, by depositing them in the United States Post Office at Crystal
Bay, to each of the taxpaying electors within said proposed district as
their names and addresses appear on the last equalized tax roll for the
County of Washoe, and to all persons .interested in any property within
the District as shown in the records of the Crystal Bay Development
Company, the principal owner and developer of the properties within said
proposed District, and to all other persons interested therein as known .
to said affiant;
WHEREAS, at or before the time fixed in the initiating Ordinance
and Notice, written protests were not filed with the County Clerk,
signed by 51% or more of the taxpaying electors within said proposed
District, and the percentage of said taxpaying electors who so filed
written protests against the formation of the District was 0%;
WHEREAS, said matter came on regularly for hearing before this
Board at the hour of 10:00 o’clock A.M. on the 20th day of May, 1961
in the Chambers of this Board in the County Sheriff’s Office Building,
Room 103, .Reno, Nevada, being the time and place fixed for said hearing
WHEREAS, all persons interested who appeared were given an
opportunity to and were fully heard, and all written communications
were fully considered, and competent proof was presented that the
boundaries of said proposed District are correct and close, that all of
the lands within said proposed District will be benefited by being
formed into said District, and that said proposed boundaries contain
all of the lands that at this time will be benefited by being formed
into said District;
WHEREAS, due to the necessity of immediately providing for
exercise of the powers of the general improvement district, the Board
has determined, and does hereby declare, that an emergency exists requiring
this ordinance to take effect from and after its passage and
publication by title in accordance with law; and
WHEREAS, it will not be necessary to make any changes in said
proceedings in order for them to be equitable;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WASHOE, IN THE STATE OF NEVADA, DOES ORDAIN:
l. The Incline Village General Improvement District is hereby·
created and established.
2. The general description of the boundaries of the proposed
district are the coterminous exterior boundaries of the composite and
consolidated area consisting of the several parcels of land described
in the exhibit entitled Incline Village hereto attached and by reference
made a part hereof.
3. 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 neces-_
sary 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.
4. The following five taxpaying electors of the District are
appointed to serve as the first Board of Trustees of said District,
for the following terms, to wit:
RAYMOND PLUNKETT and RAYMOND M. SMITH, who
shall serve until, at the first biennial election following the formation
of the District, there shall have been elected by the taxpaying electors
of the District two members of said Board; and ROBERT L. McDONALD
HAROLD B. TILLER and JOHN M. UHALDE, who
shall serve until, at the second biennial election after the formation
of the District, there shall have been elected by said taxpaying electors
three members of the Board.·
5. The members of the Board of Trustees shall qualify by filing
with the County Clerk oaths of office and corporate surety bonds; at
the expense of the District, the bonds to be in the amount of $1,000
each, in standard corporate official bond form which is hereby approved,
conditioned for the faithful performance of their duties as Trustees.
6. That the Board of County Commissioners has expressed in the
preamble to this ordinance the existence of an emergency, and does
hereby find and declare that an emergency does exist and consequently,
final action shall be taken immediately and this ordinance shall be in
effect from and after its publication as hereinafter provided.
The facts constituting such urgency are as follows:
There is a substantial shortage of improved lands along the
snore of Lake Tahoe to meet the demands of the growing influx of people
therein. In the improvement of the lands of this proposed district it
is necessary that the improvements herein proposed be provided for the
protection of public health, safety and general welfare. Since the
area is subject to heavy winter snows, it is necessary that these proceedings
be had without delay so that the proposed improvements may be
made available before the winter snows.
7. The County Clerk shall cause this Ordinance to be published
by title, together with a separate statement to the effect that typewritten
copies of the Ordinance are available for inspection at the
office of the County Clerk by all interested persons, together with the
names of the County Commissioners voting for or against its passage,
in the NEVADA STATE JOURNAL, a newspaper of general circulation printed
and published in the County of Washoe, and being the newspaper which is
most likely to give notice to persons interested herein, at least once
a week for a period of two weeks before this Ordinance shall become
effective.
8. Forthwith upon the effective date of this Ordinance and
within thirty (30) days thereafter, the County Clerk shall file a copy
or this Ordinance in his office and shall cause to be filed an additional·
copy of it in the Office of the Secretary of State.
Proposed on the 20th day of May, 1961
Proposed by Commissioner McKENZIE, McKISSIER, CLARKSON, STREETER, and MIRABELLI
Passed the 20th day of May, 1961
Vote:
AYES:
Commissioners: McKENZIE, McKISSSIER, CLARKSON, STREETER, and MIRABELLI
NOES: Commissioners: None
ABSENT: Commissioners: None.
MICHAEL A. MIRRABELLI
Chairman of the Board
ATTESTED
H. K. Brown
County Clerk
This Ordinance shall be in force and effect from and after the 31st May, 1961
END TEXT of WASHOE COUNTY ORDINANCE 97 (1961)
Source: Washoe County Ordinance 97 (1961): Bill 57
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
[BUT THIS REGULATION WAS REMOVED in the 1970s. the PUC DOES NOT REGULATE General Improvement Districts.]
1. County Ordinance 97, Section 3, is hereby amended
by adding. thereto a subsection (k) to read as follows:
(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.
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