9-53-1      Definition of terms.
9-53-2      Municipal power to acquire, build, improve and maintain convention halls.
9-53-3      Establishment of benefit district--Assessment of costs against property.
9-53-4      Feasibility survey conducted prior to establishment of district.
9-53-5      Plat showing district boundaries and location of hall.
9-53-6      Schedule of cost estimates and financing plan.
9-53-7      Preparation and filing of proposed resolution of necessity--Contents.
9-53-8      Costs of preliminary papers and resolution.
9-53-9      Mailing of notice of hearing on resolution of necessity.
9-53-10      Hearing and action by governing body on resolution of necessity.
9-53-11      Repealed.
9-53-12      Authority to proceed with improvement and assessments after adoption of resolution.
9-53-13      Levy and collection of special assessments--Assessment bonds.
9-53-14      Contract or assessment not invalidated by irregularity--Determination of governing body conclusive.
9-53-15      Supervision of operation of hall--Maintenance funds.
9-53-16      Charges for use of hall--Purposes to which applied.

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.

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.

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.

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.

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.

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.

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.

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.

9-53-9. Mailing of notice of hearing on resolution of necessity.

After the completion of all requirements set forth in §§ 9-53-4 to 9-53-7, inclusive, the governing body shall fix a time and place for a public hearing thereon and shall cause a notice of hearing of the proposed resolution of necessity to be given by the city auditor or town clerk who shall mail, at least fifteen days before the date set for the hearing, true copies of the proposed resolution of necessity and a notice of hearing appended thereto by first class mail to all those persons addressed to their respective post office addresses as those persons and respective addresses appear as owners of the privately owned property within the proposed district in the records of the county director of equalization. The notice of hearing shall state the time and place the governing body shall meet for the purpose of considering the adoption of the resolution of necessity either as proposed or as might be amended at the same time and place of the hearing, and at said time and place that the governing body will consider any objections to the proposed resolution.

Source: SL 1967, ch 230, § 7.

9-53-10. Hearing and action by governing body on resolution of necessity.

At the time of such hearing or at any adjournment thereof, the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper, except that the boundaries of the benefit district may not be enlarged so as to include property not contained within the original proposed resolution.

Source: SL 1967, ch 230, § 8.