Washoe County Ordinance 97 – Our Incline Village Crystal Bay Voice

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.

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