reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-19 - Additional bonds if original issue insufficient--Junior to prior issues unless other provision made.

9-51-19. Additional bonds if original issue insufficient--Junior to prior issues unless other provision made.
Should the governing body find that the proceeds from any bonds issued under §9-51-13, by reason of error of calculation or otherwise, will be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued and disposed of under the procedure provided in §§9-51-13 to 9-51-18, inclusive, but such additional issues shall be junior to all prior issues, unless provision shall have been made in the ordinance setting forth the covenants and agreements of the municipality with the holders of the original bonds for the issuance of such additional bonds on a parity therewith.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-21 - Revenue bonds not municipal indebtedness.

9-51-21. Revenue bonds not municipal indebtedness.
No bonds issued under §§9-51-13 to 9-51-19, inclusive, constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the bonds set forth, or set forth in the ordinance authorizing the bonds to the contrary notwithstanding.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05; SL 1984, ch 43, §93.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-22 - General obligation bonds authorized for parking facilities.

9-51-22. General obligation bonds authorized for parking facilities.
Any municipality may issue bonds for the acquisition, construction, or improvement of automobile parking facilities. All bonds shall be authorized, issued, and sold as provided in chapter 9-26, and shall in all respects be governed by that chapter except as otherwise provided in §§9-51-22 to 9-51-28, inclusive.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06; SL 1984, ch 43, §94.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-23 - Net revenues pledged to payment of special obligation bonds--Additional covenants authorized.

9-51-23. Net revenues pledged to payment of special obligation bonds--Additional covenants authorized.
Bonds authorized and issued under §§9-51-22 to 9-51-28, inclusive, may be made payable as to both principal and interest out of the net revenues or moneys levied and appropriated as set forth in §9-51-14, provided that in the ordinance authorizing such bonds the governing body may on behalf of the municipality make any or all of the irrevocable covenants in §§9-51-24 to 9-51-28, inclusive, with and for the benefit of the holders from time to time of said bonds.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-24 - Agreement by municipality to levy property tax--Indebtedness within constitutional limitation--Levy of irrepealable tax--Maximum levy.

9-51-24. Agreement by municipality to levy property tax--Indebtedness within constitutional limitation--Levy of irrepealable tax--Maximum levy.
The municipality may agree to pay any part of the principal and interest on said bonds by ad valorem taxation on all property within the municipality. Such part of the principal as the municipality shall so agree to pay shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the revenue fund as set up in the ordinance, shall be included. Before delivery of the bonds the governing body shall by ordinance levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax to be spread upon the tax rolls in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payments of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-25 - Agreement to levy tax to cover deficiency--Levy notwithstanding omission of covenant--Levy in anticipation of deficiency--Maximum levy.

9-51-25. Agreement to levy tax to cover deficiency--Levy notwithstanding omission of covenant--Levy in anticipation of deficiency--Maximum levy.
The municipality may agree that in the event of a deficiency in the revenue fund as set up in the ordinance, the governing body shall levy an ad valorem tax upon all the taxable property within the municipality in such amount as may be necessary to pay such deficiency. Such covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of such tax whenever any amount of principal and interest shall become due and the moneys in said revenue fund shall be insufficient to pay the same. Notwithstanding the omission of such covenants in the ordinance authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy such tax upon the occurrence of any deficiency and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto shall not exceed by more than five percent the deficiency or estimated deficiency for which they are levied, but shall not be subject to any other tax levy limitation provided by law. Levies in excess of the limitations herein shall be invalid only as to such excess.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-26 - Agreement to levy tax when bonds due--Certification to county auditor.

9-51-26. Agreement to levy tax when bonds due--Certification to county auditor.
The municipality may agree, prior to the issuance or delivery of any bonds, to levy by ordinance an annual ad valorem tax upon all the taxable property within the municipality in such amount as will pay the annual interest thereon and the principal of said bonds at the time the same become due. Within thirty days after the adoption and publication of said ordinance, the auditor or clerk shall transmit to the county auditor a certified copy thereof.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06 (3).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-27 - Spread of tax against taxable property within municipality--Certification to auditor of more than one county.

9-51-27. Spread of tax against taxable property within municipality--Certification to auditor of more than one county.
Upon transmittal to the county auditor of the certified copy pursuant to §9-51-26, the county auditor shall spread the tax levied in said ordinance upon all of the taxable property within the municipality at the same time that the other general taxes are spread upon the tax records in his office, and he shall continue so to do from year to year except as hereinafter provided until the provisions of the tax levy in said ordinance are complied with. When any municipality issuing bonds is located within more than one county a copy of the tax levy ordinance shall be certified to the auditor of each such county, who shall spread each annual levy upon all of the taxable property in the municipality and in his county, in such proportion as the assessed valuation of such property bears to the total assessed valuation of taxable property within the municipality.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06 (3).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-28 - Tax proceeds placed in debt service fund--Transfers from revenue fund to debt service fund--Reduction of tax levy.

9-51-28. Tax proceeds placed in debt service fund--Transfers from revenue fund to debt service fund--Reduction of tax levy.
All taxes levied pursuant to §9-51-26 when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that all moneys in the revenue fund set up in the ordinance authorizing the issuance of the bonds shall, from time to time, be transferred and irrevocably appropriated to said debt service fund and the governing body shall cause the amount so transferred to be certified to the county auditor and the total of the moneys so transferred and irrevocably appropriated shall be used and applied to reduce and eliminate the taxes theretofore levied and next thereafter to be spread upon the tax rolls.
Source:
SL 1955, ch 216, §6; SDC Supp 1960, §45.02A06 (3).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-30 - Covenants and stipulations for administration of parking facilities and security of bondholders--Bondholders' right to compel performance--Lien not granted.

9-51-30. Covenants and stipulations for administration of parking facilities and security of bondholders--Bondholders' right to compel performance--Lien not granted.
The resolution or ordinance authorizing the bonds as provided in §§9-51-13 to 9-51-28, inclusive, may contain any reasonable and lawful covenants and stipulations for the proper operation and maintenance of the automobile parking facilities, for the administration of and the accounting for the income and revenues, and for the security of the bondholders, and the holder of any bond issued as provided in §§9-51-13 to 9-51-28, inclusive, may compel by appropriate court action the performance thereof, whether or not his bond is in default. No mortgage or other lien on any automobile parking facilities may be given to secure any bonds issued under said sections.
Source:
SL 1955, ch 216, §7; SDC Supp 1960, §45.02A07; SL 1984, ch 43, §95.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-32 - Lease of municipally owned parking facilities--Regulation of rates--Improvements by lessee--Publication of terms of lease.

9-51-32. Lease of municipally owned parking facilities--Regulation of rates--Improvements by lessee--Publication of terms of lease.
The governing body of any municipality providing automobile parking facilities may make such other provisions for their operation and management as it may deem necessary and it may lease or rent for a term of years, not exceeding forty, any or all off-street facilities to persons, firms, or corporations to be used for purposes of automobile parking and fix the rentals to be charged therefor, and when so leased the governing body shall regulate the rates and charges to be exacted for services so provided. Such lease may require the lessee to make improvements which may become the property of the municipality upon the completion thereof or upon the expiration or termination of the lease. Provided, however, that the terms of any lease or rental agreement must be published in the official newspaper of the municipality once a week for at least two successive weeks, prior to entering into such lease or rental agreement by the governing body of the municipality.
Source:
SL 1955, ch 216, §9; SDC Supp 1960, §45.02A09; SL 1972, ch 28, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-33 - Operating management contracts for municipally owned parking facilities.

9-51-33. Operating management contracts for municipally owned parking facilities.
The governing body may, in the alternative, employ any person, firm, or corporation as operating manager and agent for the municipality to operate and maintain any automobile parking facility or facilities in behalf of the municipality under a contract defining the terms of such employment.
Source:
SL 1955, ch 216, §9; SDC Supp 1960, §45.02A09.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-34 - Financing law alternative and independent of other laws.

9-51-34. Financing law alternative and independent of other laws.
The powers conferred in §§9-51-9 to 9-51-33, inclusive, shall be in addition and alternative to the powers conferred by any other law and said sections shall be construed as complete and independent and may be used notwithstanding and without reference to or limitation by any other laws relating to on-street or off-street parking lots and areas or facilities or the revenues obtained therefrom including §§9-51-2 to 9-51-8, inclusive.
Source:
SL 1955, ch 216, §11; SDC Supp 1960, §45.02A11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-35 - Parking district law--Definition of terms.

9-51-35. Parking district law--Definition of terms.
Terms as used in §§9-51-35 to 9-51-49, inclusive, unless the context otherwise plainly requires, shall mean:
(1)"Public parking facility" shall mean real estate acquired by gift, purchase, by contract for deed or otherwise, lease, or for the purpose of providing space for parking vehicles, and all improvements thereon including the surfacing of such lots and shall further include the erection or improvement of parking ramps, structures, buildings or other off-street parking areas thereon, including areas above, at, or below street level for the parking of vehicles;
(2)"Privately owned property" shall mean all real property, except that property upon which is situated a one-family or two-family dwelling and which is used only for residential purposes which residential property shall be exempt from assessment;
(3)"Governing body" shall mean the governing body of a municipal corporation;
(4)"Public parking facility fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of §§9-51-35 to 9-51-49, inclusive.
Source:
SL 1967, ch 231, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-36 - Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers.

9-51-36. Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers.
In addition to and not to the exclusion of any power granted to it by any law now in effect or hereafter enacted, any municipal corporation may provide for the acquisition, improvement, and maintenance of sites as public parking facilities in conformity to §§9-51-35 to 9-51-49, inclusive.
Source:
SL 1967, ch 231, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-48 - Municipal and parking meter funds used to maintain parking facilities.

9-51-48. Municipal and parking meter funds used to maintain parking facilities.
The municipality may maintain public parking facilities constructed under §§9-51-35 to 9-51-49, inclusive, either partially or wholly from the general fund or parking meter fund duly appropriated.
Source:
SL 1967, ch 231, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-49 - Charges for use of parking facilities--Public parking facility fund--Application of fund.

9-51-49. Charges for use of parking facilities--Public parking facility fund--Application of fund.
The governing body by resolution may impose and collect reasonable charges for the use of public parking facilities constructed under the provisions of §§9-51-35 to 9-51-49, inclusive. The money so received shall be deposited in the municipal treasury to the credit of the public parking facility fund and applied, in order, to the following purposes exclusively:
(1)The payment of necessary expenses of maintaining, insuring and repairing such parking facilities;
(2)Annually on the first day of January of each year, the balance remaining to the credit of such parking facility shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public parking facility and the retirement of any bonds issued therefor as soon as said bonds are callable;
(3)At such time that all indebtedness, including bonds issued for the improvement of the parking facility, have been paid in full and any and all other indebtedness owed for the acquiring and maintaining of the public parking facility have been paid in full, the balance of said fund shall be retained in the public parking facility fund where it may be used only for the purpose of acquiring or improving public parking facilities within the parking district. Providing, however, that any municipality having a parking meter fund for purchase and development of parking lots, may by written consent by the then owners of fifty-five percent of the total assessed valuation of the privately owned property within the benefit district, deposit said balance in such parking meter fund and use the same for purchase and development of other parking lots or facilities within the municipality. No part of such money shall be deposited or credited to the general fund.
Source:
SL 1967, ch 231, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-51 - Discontinuance or diversion of use of parking facilities--Contracts and covenants to be honored--Referendum.

9-51-51. Discontinuance or diversion of use of parking facilities--Contracts and covenants to be honored--Referendum.
The governing body of any municipality may discontinue or use for another purpose any parking lot or area or off-street parking facility heretofore or hereafter acquired upon resolution of the governing body. No such discontinuance or diversion of its use shall be made if prohibited by any contract provision or bond covenant binding upon the municipality. Such resolution shall be subject to referendum as provided by law.
Source:
SL 1966, ch 148.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-1 - Power to construct, operate, and maintain auditorium.

9-52-1. Power to construct, operate, and maintain auditorium.
Every municipality shall have power to construct, operate, and maintain an auditorium.
Source:
SL 1917, ch 310, §1; RC 1919, §6169 (26); SDC 1939, §45.0201 (15).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-1.1 - Lease of auditorium or convention center--Terms--Rent.

9-52-1.1. Lease of auditorium or convention center--Terms--Rent.
A municipality, in order to establish a municipal auditorium or convention center as defined and empowered by law, shall have the power to enter into a long-term lease, for a term not to exceed thirty years, with or without an option to renew or purchase, for the acquisition of such facilities. Such lease may be on both real and personal property, or either exclusively, and may cover the structure, site and contents, or structure and contents only, with or without furniture and equipment and may provide for erection of the structure upon a site owned by the municipality. A lease may be entered into for an existing building or for one to be erected in the future. Rent paid under the terms of the lease may be paid from the general funds of the municipality or may be paid from any fund established for maintenance of such a facility or construction of same by the municipality.
Source:
SL 1972, ch 53; SL 1980, ch 72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-2 - Power to create auditorium board.

9-52-2. Power to create auditorium board.
Every municipality may create an appointive board for the purpose of managing municipal auditoriums and to provide by ordinance the number, the qualifications, mode of appointment, tenure of office, compensation, powers, duties of, and rules and regulations governing such board.
Source:
SL 1955, ch 197; SDC Supp 1960, §45.0201 (109); SL 1992, ch 67; SL 1995, ch 49, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-3 - Auditorium revenue bonds authorized--Purposes for which proceeds used.

9-52-3. Auditorium revenue bonds authorized--Purposes for which proceeds used.
Any municipality may issue revenue bonds to provide funds for the purpose of acquiring a municipal auditorium, or for the purpose of improving an existing auditorium, or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter.
Source:
SL 1951, ch 246, §1; SDC Supp 1960, §45.24B01; SL 1984, ch 43, §96.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-4 - Authorization, issuance and sale of bonds--Vote required.

9-52-4. Authorization, issuance and sale of bonds--Vote required.
All bonds shall be authorized, issued, and sold as provided in chapter 6-8B, if a majority of the registered voters voting at the bond election vote to authorize the bond issue.
Source:
SL 1951, ch 246, §1; SDC Supp 1960, §45.24B01; SL 1984, ch 43, §97.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-5 - Municipal indebtedness not authorized by chapter.

9-52-5. Municipal indebtedness not authorized by chapter.
Nothing contained in this chapter shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.
Source:
SL 1951, ch 246, §10; SDC Supp 1960, §45.24B10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-6 - Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged.

9-52-6. Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged.
Revenue bonds issued under this chapter shall be payable solely from the net revenue derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of this chapter, and the credit and taxing powers of the municipality shall not be pledged for the payment thereof, and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.
Source:
SL 1951, ch 246, §1; SDC Supp 1960, §45.24B01.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-8 - Auditorium revenues appropriated to special fund--Operating expenses paid from fund--Net revenue pledged to separate account for bond retirement and reserves.

9-52-8. Auditorium revenues appropriated to special fund--Operating expenses paid from fund--Net revenue pledged to separate account for bond retirement and reserves.
Prior to delivery of any such bonds the governing body shall by the resolutions adopted under §9-52-3 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of the auditorium premises and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof, and from said fund shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the premises, and the net revenues remaining in said fund from time to time after payments of such expenses shall be pledged and appropriated to a separate account to the extent necessary for payment of the principal of and interest on the bonds and maintenance of such reserve securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.
Source:
SL 1951, ch 246, §2; SDC Supp 1960, §45.24B02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-9 - Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance.

9-52-9. Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance.
In and by the resolutions authorizing revenue bonds the governing body shall also have the power to make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of the auditorium, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on auditorium properties and bonds of employees, relative priorities of lien of outstanding and future bonds upon the net revenues, refunding of bonds, and the enforcement of bondholders' rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder shall have the right to compel by appropriate court action the performance thereof, whether or not his bond is then in default.
Source:
SL 1951, ch 246, §3; SDC Supp 1960, §45.24B03.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-11 - Findings and determinations as binding covenants.

9-52-11. Findings and determinations as binding covenants.
The findings and determinations herein authorized shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds.
Source:
SL 1951, ch 246, §2; SDC Supp 1960, §45.24B02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-12 - Reference to authorizing resolutions for matters not covered in bonds--Negotiability.

9-52-12. Reference to authorizing resolutions for matters not covered in bonds--Negotiability.
Bonds issued pursuant to this chapter may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8, notwithstanding any conditions expressed therein or in the resolutions.
Source:
SL 1951, ch 246, §6; SDC Supp 1960, §45.24B06; SL 1984, ch 43, §98.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-15 - Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties.

9-52-15. Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties.
There shall be a statutory mortgage lien upon all properties acquired by any municipality for auditorium purposes by the use of the proceeds of revenue bonds issued under the provisions of this chapter, and all additions and improvements thereto financed out of the earnings of the auditorium or by the issuance of revenue bonds, in favor of and for the benefit of the lawful holders of all revenue bonds issued pursuant hereto, but no such lien shall attach to or become a charge upon or against any other property of the municipality by whatever means or funds acquired. Said properties shall remain subject to such statutory mortgage lien until the payment in full of the principal and interest of all revenue bonds issued pursuant to this chapter. Any holder of said bonds or of any coupons thereto attached may by proper proceeding either at law or in equity protect and enforce said lien and compel performance of all duties required by this chapter.
Source:
SL 1951, ch 246, §4; SDC Supp 1960, §45.24B04.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-16 - Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds.

9-52-16. Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds.
The governing body of each municipality issuing bonds under this chapter shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to the auditorium premises for the purpose of use of any of the facilities of the auditorium and for attendance at or participation in any recreational, athletic, or educational activities or exhibitions conducted by the municipality or any board or department thereof, or for any other purpose except operation and maintenance of the premises and activities necessary to the functioning of the municipal government, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm, or public or private corporation other than the municipality itself, whether or not such person, firm, or corporation shall charge for admission of individuals to the premises when so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the auditorium and payment of a reasonable return to the municipality on any investment of general funds therein, and to produce net revenues sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.
Source:
SL 1951, ch 246, §3; SDC Supp 1960, §45.24B03.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-17 - Operation for purpose of profit prohibited.

9-52-17. Operation for purpose of profit prohibited.
Municipalities shall not be authorized to operate revenue-producing enterprises of the nature described in this chapter for the purpose of profit or return greater than necessary to pay the cost of acquisition, improvement, operation, and maintenance thereof and interest on money borrowed or advanced from general funds for such purposes.
Source:
SL 1951, ch 246, §2; SDC Supp 1960, §45.24B02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-23 - General powers of auditorium board--Copies of board proceedings as evidence.

9-52-23. General powers of auditorium board--Copies of board proceedings as evidence.
The board shall have power to contract for supplies and services necessary to the operation and maintenance of the auditorium, and for the rental of the same or any part thereof; to fix and collect rentals and charges for admission; to schedule and determine priorities among activities proposed to be conducted in the auditorium; to allow claims for supplies and services necessary to the operation and maintenance of the auditorium; and to do all other things necessary and proper, to assure the maximum use of the auditorium for the general welfare of the municipality and its inhabitants and industries, and the sufficiency of the revenues thereof for the payment of all proper charges thereon. Copies of proceedings of the board, certified by its appointed secretary, shall be competent as evidence in any legal action or proceedings.
Source:
SL 1951, ch 246, §8; SDC Supp 1960, §45.24B08.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-24 - Custody and disbursement of auditorium funds--Petty cash fund.

9-52-24. Custody and disbursement of auditorium funds--Petty cash fund.
All funds pertaining to the auditorium shall be placed in the custody of the municipal treasurer, and shall be expended only upon warrants drawn by the municipal auditor or clerk on said treasurer, pursuant to allowance by the auditorium board of duly verified claims; provided, that a petty cash fund may be maintained in such amount and for such expenditures and in the custody of such officer or employee as the board shall determine. A verified account of expenditures from such fund shall be submitted monthly to the board, which may thereupon authorize issuance of a warrant covering such expenditures.
Source:
SL 1951, ch 246, §8; SDC Supp 1960, §45.24B08.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-25 - Annual report by auditorium board to governing body--Records subject to inspection.

9-52-25. Annual report by auditorium board to governing body--Records subject to inspection.
The auditorium board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control, and its records, books, papers, and accounts shall at all reasonable times be subject to inspection by the executive officer, auditor, or clerk of the municipality, or any committee appointed by the governing body for that purpose, or any citizen.
Source:
SL 1951, ch 246, §8; SDC Supp 1960, §45.24B08.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-26 - Auditorium board governed by terms of bonds and resolutions.

9-52-26. Auditorium board governed by terms of bonds and resolutions.
All actions of the board shall at all times be governed by and subject to all covenants, agreements and limitations contained in the resolutions of the governing body authorizing outstanding revenue bonds, and such resolutions may reserve to the governing body the exercise or supervision of the exercise of any of the powers granted and referred to in §§9-52-23 to 9-52-25, inclusive; or such resolutions may define the limitations within which such powers shall be exercised by the auditorium board.
Source:
SL 1951, ch 246, §8; SDC Supp 1960, §45.24B08.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-27 - Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership.

9-52-27. Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership.
If there be any default in the payment of the principal of or interest on any bonds issued pursuant to this chapter, or a breach of any other condition thereof materially affecting the rights of any bondholder and continuing for not less than three months, or if the revenues from such auditorium be dissipated, wasted, or diverted from their proper application to the payment of said bonds and to the operation and maintenance of said auditorium, any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of the municipality whose rights may have been or may be affected, injured or lost thereby, or by any bondholder similarly affected, may appoint a receiver to administer said auditorium on behalf of the municipality and the bondholders, with power to impose and collect rentals and charges sufficient to provide for the payment of the operating expenses and of said bonds and interest, and to apply the income and revenues thereof in conformity with this chapter and with the resolutions authorizing said bonds. When and if such default or breach be made good through the operation of the auditorium by such receiver, then said auditorium and control thereof shall be restored to the proper municipal authorities by court order.
Source:
SL 1951, ch 246, §4; SDC Supp 1960, §45.24B04.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-28 - Severability of chapter and resolutions.

9-52-28. Severability of chapter and resolutions.
If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable.
Source:
SL 1951, ch 246, §10; SDC Supp 1960, §45.24B10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-29 - Sale and lease-back arrangements--Tax exemption.

9-52-29. Sale and lease-back arrangements--Tax exemption.
The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to and in the manner provided by §§5-12-15, 5-12-19, 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale and lease-back of land, improvements and capital equipment for the municipality's auditorium or convention center and all related facilities, except that the proceeds of sale of any such facility are subject to §6-13-8. All land, improvements and capital equipment owned or being leased or acquired by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.
Source:
SL 1984, ch 63, §1; SL 1985, ch 68; SL 1988, ch 64, §§8, 54; SL 1989, ch 30, §25.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-30 - Sale and lease-back arrangements--Validation of prior actions.

9-52-30. Sale and lease-back arrangements--Validation of prior actions.
All ordinances, resolutions, and other actions and proceedings adopted before June 12, 1984, and taken by the governing body of a municipality with respect to an existing auditorium or convention center and related facilities in the exercise of the powers granted by §§9-52-29 to 9-52-31, inclusive, and all purchase, sale, lease, and other agreements authorized thereby, are hereby validated and confirmed, and such agreements may be executed, delivered, and performed.
Source:
SL 1984, ch 63, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 52 - Municipal Auditoriums › Section 9-52-31 - Sale and lease-back arrangements--Powers additional.

9-52-31. Sale and lease-back arrangements--Powers additional.
The powers conferred by §§9-52-29 to 9-52-31, inclusive, are in addition to all other powers conferred upon the governing body of any such municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.
Source:
SL 1984, ch 63, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-1 - Definition of terms.

9-53-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise plainly requires, shall mean:
(1)"Public convention hall" shall mean a real estate site and building, structure, or edifice which may be used by the general public or portions of the public for the purposes of meetings, discussions, conventions, shows, displays, amusements, and any other public purpose;
(2)"Privately owned property" shall mean all real property, except that property upon which is situated a one-family or two-family dwelling and which is used only for residential purposes which residential property shall be exempt from assessment;
(3)"Governing body" shall mean the governing body of a municipal corporation;
(4)"Convention hall fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of this chapter.
Source: SL 1967, ch 230, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-2 - Municipal power to acquire, build, improve and maintain convention halls.

9-53-2. Municipal power to acquire, build, improve and maintain convention halls.
In addition to and not to the exclusion of any power granted to it by any law now in effect or hereafter enacted, any municipal corporation may provide for the acquisition of sites, building or improvement, and maintenance of a public convention hall as defined in this chapter and in conformity to this chapter.
Source: SL 1967, ch 230, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-3 - Establishment of benefit district--Assessment of costs against property.

9-53-3. Establishment of benefit district--Assessment of costs against property.
The governing body of a municipality shall have the power to establish a district for the acquisition of sites, building of a public convention hall or for the improving of an existing public convention hall, to establish the boundaries of such district, and to assess all or any part of the cost of acquisition and improvement and building of a public convention hall against the privately owned property within the district so created.
Source: SL 1967, ch 230, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-4 - Feasibility survey conducted prior to establishment of district.

9-53-4. Feasibility survey conducted prior to establishment of district.
Prior to the establishment of any benefit district for the acquiring or improving of a public convention hall, the governing body shall cause to be conducted a survey and investigation of the feasibility of such proposed district. Such survey shall include a determination of the desirability of the proposed location of such convention hall, the approximate cost to acquire a site and to make the proposed improvement, the area to be included within such district, the assessed valuation of the privately owned property subject to assessment in such proposed district, the necessity for the creation of such a district, and such other matters as the governing body deems necessary to properly consider the necessity for such a district and the financial feasibility of its creation.
Source: SL 1967, ch 230, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-5 - Plat showing district boundaries and location of hall.

9-53-5. Plat showing district boundaries and location of hall.
The governing body shall also cause to be prepared and filed with the city auditor or town clerk a plat showing the exterior boundaries of the proposed benefit district and the location of the public convention hall.
Source: SL 1967, ch 230, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-6 - Schedule of cost estimates and financing plan.

9-53-6. Schedule of cost estimates and financing plan.
In addition to complying with §§9-53-4 and 9-53-5, the governing body shall cause to be prepared and filed with the city auditor or town clerk schedules showing the following:
(1)A description of such facility and the equipping and furnishing thereof;
(2)An estimate of the cost to acquire and improve the same;
(3)An estimate of the annual cost to maintain such facility;
(4)An estimate of the proposed rentals to be charged for the use of the convention hall by the public, and the estimated annual revenue to be derived from the use thereof;
(5)A proposed method for financing the acquisition of the site, and building or improvement of the public convention hall and an estimate of the total cost of the project, including the percentage of all costs which will be assessed against the privately owned property within the benefit district and the percentages of costs to be paid by the municipality from other sources, describing each source.
Source: SL 1967, ch 230, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-7 - Preparation and filing of proposed resolution of necessity--Contents.

9-53-7. Preparation and filing of proposed resolution of necessity--Contents.
The governing body shall consider the survey and investigation and the plat and schedules prepared for such public convention hall. If it appears to the governing body that there is a public need for such a facility; that there is sufficient privately owned properties situated in such proposed district, and estimated revenue from such facility and that the plan to finance the acquisition and construction as well as the maintenance of the public convention hall is financially feasible, it shall prepare and file in the office of the city auditor or town clerk a proposed resolution of necessity which shall describe the benefit district for the purpose of assessment, declaring the acquiring of a site, building or improvement of a public convention hall a necessity, describe the location of the proposed public convention hall and a general description of the construction to be placed thereon, the estimated cost to acquire and improve such public convention hall, and the estimated annual cost of maintaining such public convention hall, state either that all or what cost of the public convention hall is to be paid by special assessment and what portion is expected to be paid from the revenue to be derived from the public convention hall, shall state that the cost to be assessed shall be apportioned according to the benefits to accrue to each lot or tract as determined by the governing body, and shall state that a plat and schedule are on file in the office of the city auditor or the town clerk giving further details of the proposed project.
Source: SL 1967, ch 230, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-8 - Costs of preliminary papers and resolution.

9-53-8. Costs of preliminary papers and resolution.
The survey, investigation, plats, schedules, and resolutions shall be prepared by municipal employees, officers, or such other persons or experts as the governing body shall deem necessary and the cost thereof shall be included as a part of the cost of the public convention hall, if one is subsequently acquired, or may be paid for from the general fund after being duly appropriated.
Source: SL 1967, ch 230, §6.