South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 52 - Municipal Auditoriums

Section 9-52-1 - Power to construct, operate, and maintain auditorium.

Section 9-52-1.1 - Lease of auditorium or convention center--Terms--Rent.

Section 9-52-2 - Power to create auditorium board.

Section 9-52-3 - Auditorium revenue bonds authorized--Purposes for which proceeds used.

Section 9-52-4 - Authorization, issuance and sale of bonds--Vote required.

Section 9-52-5 - Municipal indebtedness not authorized by chapter.

Section 9-52-6 - Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged.

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.

Section 9-52-9 - Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance.

Section 9-52-11 - Findings and determinations as binding covenants.

Section 9-52-12 - Reference to authorizing resolutions for matters not covered in bonds--Negotiability.

Section 9-52-15 - Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties.

Section 9-52-16 - Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds.

Section 9-52-17 - Operation for purpose of profit prohibited.

Section 9-52-23 - General powers of auditorium board--Copies of board proceedings as evidence.

Section 9-52-24 - Custody and disbursement of auditorium funds--Petty cash fund.

Section 9-52-25 - Annual report by auditorium board to governing body--Records subject to inspection.

Section 9-52-26 - Auditorium board governed by terms of bonds and resolutions.

Section 9-52-27 - Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership.

Section 9-52-28 - Severability of chapter and resolutions.

Section 9-52-29 - Sale and lease-back arrangements--Tax exemption.

Section 9-52-30 - Sale and lease-back arrangements--Validation of prior actions.

Section 9-52-31 - Sale and lease-back arrangements--Powers additional.