Wisconsin Code § 66.0129

Hospital facilities lease from nonprofit corporation
Open in Lexace · Ask the AI about this section
(1) POWERS AND DUTIES OF GOVERNING BODY. For
the purpose of providing adequate hospital facilities in the state
of Wisconsin to serve cities, villages and towns and the hospital

service area; providing all lands, buildings, improvements, facilities or equipment or other capital items necessary or desirable in
connection with the hospital; ultimately acquiring the hospital by
the city, village or town; acquiring lands for future hospital development; and refinancing indebtedness created by a nonprofit corporation for acquiring lands or providing hospital buildings or additions or improvements to the hospital buildings, the governing
body of a city, village or town may:
(a) Without limitation by any other statute, sell and convey title to a nonprofit corporation any land and any existing buildings
on the land owned by the city, village or town for that consideration and upon the terms and conditions that the governing body of
the city, village or town determines are in the public interest.
(b) Lease to a nonprofit corporation for terms not exceeding
40 years each any land and existing buildings on the land that are
owned by the city, village or town upon the terms, conditions and
rentals that the governing body of the city, village or town determines are in the public interest.
(c) Lease or sublease from the nonprofit corporation, for
terms not exceeding 40 years, and make available for public use,
any lands or any land and existing buildings conveyed or leased to
the corporation under pars. (a) and (b), and any new buildings
erected upon the land or upon any other land owned by the corporation, upon the terms, conditions and rentals, subject to available
appropriations, and ultimate acquisition, that the governing body
of the city, village or town determines are in the public interest.
With respect to any property conveyed to the nonprofit corporation under par. (a), the lease from the nonprofit corporation may
be subject or subordinated to one or more mortgages of the property granted by the corporation.
(d) Apply all net revenues derived from the operation of any
lands or buildings to the payment of rentals due and to become
due under any lease or sublease made under par. (c).
(e) Pledge and assign all or part of the revenues derived from
the operation of any lands or new buildings as security for the
payment of rentals due and to become due under any lease or sublease of the new buildings made under par. (c).
(f) Covenant and agree in any lease or sublease made under
par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of the new buildings in an amount
which together with other moneys of the city, village or town
available for that purpose will produce net revenue sufficient to
pay the rentals due and to become due under the lease or
sublease.
(g) Apply all or any part of the revenues derived from the operation of any lands or existing buildings to the payment of
rentals due and to become due under a lease or sublease made under par. (c).
(h) Pledge and assign all or any part of the revenues derived
from the operation of any lands or existing buildings to the payment of rentals due and to become due under a lease or sublease
made under par. (c).
(i) Covenant and agree in a lease or sublease made under par.
(c) to impose fees, rentals or other charges for the use and occupancy or other operation of any lands or existing buildings in an
amount calculated to produce net revenues sufficient to pay the
rentals due and to become due under the lease or sublease.
(j) Operate the hospital, until it is ultimately acquired, in a
manner that provides revenues sufficient to pay the costs of operation and maintenance of the hospital and the payments due the
nonprofit corporation.
(2) MUNICIPAL LIABILITY. The city, village or town shall be
liable for accrued rentals and for any other default under any lease
or sublease made under sub. (1) (c) and may be sued therefor on
contract.
(3) NO DEBT INCLUSION. Nothing under this section shall be
considered to incur any municipal debt. No obligation under this
section shall be included in arriving at constitutional debt
limitations.
(4) POWERS AND DUTIES OF NONPROFIT CORPORATION. In
addition to all other powers granted to nonprofit corporations, the
nonprofit corporation has the following additional powers and
duties when leasing hospital facilities to a city, village or town:
(a) To acquire by purchase, gift or lease real property and
buildings on the property from a city, village or town or other person, to construct hospital facilities on the property and to lease
the real property and buildings to a city, village or town for terms
not exceeding 40 years, and to transfer the land and buildings to
the city, village or town upon termination of the lease.
(b) To borrow money and pledge income and rentals as
security.
(5) BIDS FOR CONSTRUCTION. The nonprofit corporation
shall let all contracts exceeding $1,000 for the construction,
maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2
notice under ch. 985. Section 66.0901 applies to bids and contracts under this subsection.
(6) DEFINITIONS. Unless the context otherwise requires, in
this section:
(a) “Buildings”, “new buildings” and “existing buildings” include all buildings, structures, improvements, facilities, equipment or other capital items which the governing body of the city,
village or town determines are necessary or desirable for the purpose of providing hospital facilities.
(b) “Nonprofit corporation” means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined
in s. 181.0103 (17).

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.