City Council Meeting Packets

COLUMBUS COMMON COUNCIL – REGULAR MEETING TUESDAY, MAY 19, 2020 – 6:30 PM COLUMBUS CITY HALL AGENDA Video Conference Address: https://us02web.zoom.us/j/86727248817?pwd=RzliSGhaTEdqN2NINlRJRkVUN0I0UT09 Meeting ID: 867 2724 8817 Password: 013529 OR Phone Conference Phone Number: 312-626-6799 Meeting ID: 867 2724 8817 Password: 013529 1. Roll Call 2. Pledge of Allegiance 3. Notice of Open Meeting 4. Approve Agenda 5. Correspondence & Communications o Due to the COVID-19 health crisis, City staff need to minimize attendance at the Council meeting in City Hall per Governor Evers' Directive. Citizens wishing to make public comment at the meeting, please call 312-626-6799 by 6:15 pm. All comments are limited to 3 minutes in length. Consent Agenda 1. Council & Committee of the Whole Minutes – 5/5/20 2. Applications for Operator Licenses, term 07/01/19 – 06/30/21 New Business 1. Consider & take action on Resolution #9-20 "Resolution Authorizing the Issuance and Sale of $1,135,000 Sewerage System Revenue Bonds, Series 2020A of the City of Columbus, Columbia County, Wisconsin, and Providing for the Payment of the Bonds and Other Details With Respect to the Bonds" 2. Consider & take action on Resolution #8-20 "Resolution Providing For The Rebate Of Certain Alcohol License Fees And Amending Certain Polices For The Approval Of Alcohol Licenses During The 2020-2021 License Period" 3. Consider & take action on Mayoral Appointments to Boards, Committees, Commissions 4. Consider & take action on donation from Lions Club of a Lion Park Bench in Meister Park 5. Consider & take action on donation from Lions Club for planters in Meister Park 6. Consider & take action on DOT Traffic Safety Grant – Police Dept 7. Consider & take action on The Woods Development Letter of Credit 8. Consider & take action on Mae Ward Fund application – Downtown planters 9. Consider & take action on claims in the amount of $ 209,037.69 10. Report of City Officers – City Administrator, Mayor Adjourn  COLUMBUS COMMON COUNCIL – REGULAR MEETING MINUTES TUESDAY, MAY 5, 2020 – 6:30 PM COLUMBUS CITY HALL 1. Roll Call: The meeting was called to order at 6:31 pm by Mayor Thom. Present: Mayor Thom, Alders Gray (via teleconference), McCabe, Pyfferoen, Reid, Ryan; City Administrator Ellefson, City Clerk Goebel, City Attorney Johnson (via teleconference), City Staff (via teleconference), interested citizens. 2. Pledge of Allegiance: Mayor Thom led the Pledge of Allegiance. 3. Notice of Open Meeting: Noted as posted. 4. Approve Agenda: Motion by Pyfferoen, second by Ryan to approve. Carried voice vote. 5. Correspondence & Communications: None. Consent Agenda: Motion by Ryan, second by McCabe to approve consent agenda. Carried voice vote. Council & Committee of the Whole Minutes – 4/21/20, Applications for Operator Licenses, term 07/01/19 – 06/30/21 New Business 1. Consider & take action on Finance Director job description & Hiring Plan: Motion by Gray, second by McCabe to approve the job description and hiring plan. Carried voice vote. 2. Consider & take action on Task Order #2020-05 WWTF Influent Pump Replacement: Motion by Ryan, second by Pyfferoen to approve Task Order #2020-05 in the amount of $46,123. Roll call vote unanimous. 3. Consider & take action on Task Order #2020-06 Westside Lift Station Generator: Motion by Reid, second by Gray to approve Task Order #2020-06 in the amount of $30,551. Roll call vote unanimous. 4. Consider & take action on field use agreement for Columbus Baseball Organization (CBO): Motion by McCabe, second by Gray to approve the field use agreement with CBO. Carried voice vote. 5. Consider & take action on field use agreement for Columbus Softball Association (CSA): Motion by Pyfferoen, second by McCabe to approve the field use agreement with CSA. Carried voice vote. 6. Consider & take action on Noxious Weed/Grass/Shrubbery services contract: Motion by Gray, second by Ryan to approve the Noxious Weed/Grass/Shrubber services contract with Duane's Lawn Care Inc. Roll call vote unanimous. 7. Consider & take action on claims in the amount of $ 357,673.68: Motion by Ryan, second by Pyfferoen to approve claims in the amount of $357,673.68. Roll call vote unanimous. 8. Report of City Officers – City Administrator: League of WI Municipalities is offering Local Government 101 online – please contact City Staff if interested; Special COW on May 15 discussing Roadmap 2050 at 6:30 pm; Finance Director Kim Manley retired May 1 and Joan Scholz, CPA from Clifton Larson Allen is filling in temporarily until the position is filled; 2nd Ward Creek project is complete. Mayor: Citizens appointments will begin next Council meeting; Teacher Appreciation Week is May 4-8, 2020 – thank you to our educators, especially during COVID and the online classes; the Discovery Charter School is giving away plants; Municipal Clerk's week is May 3-9, 2020. Thank you to Pat Goebel & Jane Fude for their work. Adjourn: Motion by Pyfferoen, second by Ryan to adjourn at 6:55 pm. Carried voice vote. Submitted by: Pat Goebel, City Clerk  COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE MINUTES TUESDAY, MAY 5, 2020 – 6:45 PM COLUMBUS CITY HALL 1. Roll Call: Meeting was called to order at 7:01 pm by Council President Ryan. Present: Council President Ryan, Alders Gray (via teleconference), McCabe, Pyfferoen, Reid, Thom; City Administrator Ellefson, City Clerk Goebel, City Attorney Johnson (via teleconference); City Staff (via teleconference), interested citizens. 2. Notice of Open Meeting: Noted as posted. 3. Approve Agenda: Motion by Pyfferoen, second by Gray to approve. Carried voice vote. 4. Citizen Comments: None. 5. Committee Minutes: placed on file: CWL – 2/24/20, 3/19/20, Tourism – 2/3/20, 3/2/20 6. Review & discuss options related to District 3 Aldermanic Vacancy: Discussion whether to appoint or elect. Consensus was to appoint. Candidates submit a letter of interest to the Clerk by May 29. Council will review submissions at June 2 COW and request candidates for Q&A at June 19 Regular meeting. Council members each submit a question. 7. Review alcohol licensing renewal process/Resolution: Consensus to forward the resolution to the May 19 Regular meeting and allow Clerk to include the resolution with the renewal packets. 8. Review & Discuss Street Closing Application – Farmer's Market with Changed Location – Dickason Blvd to Harrison St by Library: Looking for a more "park-like" atmosphere with picnic tables, grass. Would like to close first block of S Dickason Blvd each Wednesday from 3-7:45 pm June through September. Several Council members had concerns with safety, delivery & pickup picnic tables & barricades, funeral home, bank, Library programs, closing the street each week for a season. Members also offered different sites. Consensus was to re-submit application with updated information, distribute to staff for comments, talk to the bank and Library. Return to May 19 COW. 9. Review & discuss address updates within Fireman's Park, Aquatic Center: Tabled at request of Recreation Director Meyers. 10. Review & discuss donation from Lions Club of a Lion Park Bench in Meister Park: Forward to May 19 Regular meeting. 11. Review & discuss donation from Lions Club for planters in Meister Park: Forward to May 19 Regular meeting. Lions to take care of the planters and remove in the fall. 12. Review & discuss DOT Traffic Safety Grant – Police Dept: Forward to May 19 Regular meeting. Police Dept received a $4000 equipment grant from the DOT to be used for traffic enforcement or traffic safety. Will purchase a lazar radar gun and speed gun. 13. Consider & discuss The Woods Development Letter of Credit: Forward to May 19 Regular meeting. Approval would give staff the ability to pull the letter of credit if necessary. 14. Review & discuss site plan for butterfly garden near WWTP: 20 stalls, gravel parking, bus parking; naming contest yielded 27 submissions. Concept included 75' buffer which follows water quality standards. Concerns with the garden in the middle of the lot, makes it difficult to maintain around it. Council to email City Administrator with name suggestions for May 19 COW. 15. Review & discuss Mae Ward Fund application – Downtown planters: Forward to May 19 Regular meeting. 16. Convene to closed session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss potential developments in the City of Columbus: Motion by Pyfferoen, second by McCabe to convene to closed session at 9:13 pm. Roll call vote unanimous. Page 2 – Committee of the Whole Council – May 5, 2020 17. Reconvene to open session: Motion by McCabe, second by Thom to reconvene to open session at 10:13 pm. Carried voice vote. 18. Convene to closed session per § 19.85(1)(g) to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved: Motion by Pyfferoen, second by McCabe to convene to closed session at 10:14 pm. Roll call vote unanimous. 19. Reconvene to open session: Motion by Thom, second by Pyfferoen to reconvene to open session at 10:17 pm. Carried voice vote. 20. Convene to closed session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss potential purchase of property in the City of Columbus: Motion by Thom, second by Pyfferoen to convene to closed session at 10:18 pm. Roll call vote unanimous. 21. Reconvene to open session: Motion by Pyfferoen, second by Thom to reconvene to open session at 10:38 pm. Carried voice vote. Adjourn: Motion by Pyfferoen, second by Thom to adjourn at 10:38 pm. Carried voice vote. Submitted by: Pat Goebel, City Clerk  2019 AGENDA ITEM Committee of the Whole Meeting date: _ _ ____ ______ Council Meeting date: _____May 19th, 2020__________ ITEM: _____New Operator Licenses for licensing period 7/1/19 – 6/30/21__ DETAILED DESCRIPTION OF SUBJECT MATTER: Recommend approval for new operator licenses: • Shandi Tipton LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Recommend approval for new operator license(s)  RESOLUTION NO. __9-20___ A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,135,000 SEWERAGE SYSTEM REVENUE BONDS, SERIES 2020A OF THE CITY OF COLUMBUS, COLUMBIA COUNTY, WISCONSIN, AND PROVIDING FOR THE PAYMENT OF THE BONDS AND OTHER DETAILS WITH RESPECT TO THE BONDS WHEREAS, the City of Columbus, Columbia County, Wisconsin (the "City") owns and operates its Sewerage System (the "System") which is operated for a public purpose as a public utility; and WHEREAS, under the provisions of Section 66.0621, Wisconsin Statutes, any municipality in the State of Wisconsin may, by action of its governing body, provide funds for extending, adding to and improving a public utility from the proceeds of bonds, which bonds are payable only from the income and revenues derived from any source by such utility and are secured by a pledge of the revenues of the utility; and WHEREAS, pursuant to a resolution adopted on October 16, 2007 (the "2007 Resolution"), the City has heretofore issued its Sewerage System Revenue Bonds, Series 2007, dated November 14, 2007 (the "2007 Bonds"), which bonds are payable from the income and revenues of the System; and WHEREAS, pursuant to a resolution adopted on May 17, 2011 (the "2011 Resolution"), the City has heretofore issued its Sewerage System Revenue Bonds, Series 2011, dated June 8, 2011 (the "2011 Bonds"), which bonds are payable from the income and revenues of the System on a parity with the 2007 Bonds; and WHEREAS, pursuant to a resolution adopted on March 7, 2017 (the "2017 Resolution"), the City has heretofore issued its Sewerage System Revenue Bonds, Series 2017C, dated April 4, 2017 (the "2017C Bonds"), which bonds are payable from the income and revenues of the System on a parity with the 2007 Bonds and 2011 Bonds (hereinafter the 2007 Bonds, the 2011 Bonds and the 2017C Bonds shall be referred to collectively as the "Prior Bonds"); and WHEREAS, the 2007 Resolution, the 2011 Resolution and the 2017 Resolution permit the issuance of additional bonds payable from revenues of the System on a parity with the Prior Bonds upon compliance with certain conditions; and WHEREAS, to the best of the Common Council's knowledge, information and belief, the City complies with such conditions; and WHEREAS, the City has determined that certain additions, improvements and extensions to the System, including the huber screen project (the "Project") are necessary to adequately supply the needs of the City and the residents thereof; and QB\62953666.2  WHEREAS, it is necessary, desirable and in the best interests of the City to authorize and sell revenue bonds (the "Bonds") for such purpose payable solely from the revenues to be derived from the operation of the System, which bonds are to be authorized and issued pursuant to the provisions of Section 66.0621, Wisconsin Statutes, on a parity with the Prior Bonds; and WHEREAS, other than the Prior Bonds, the City has no bonds or obligations outstanding which are payable from the income and revenues of the System; and WHEREAS, it is the finding of the Common Council that it is necessary, desirable and in the best interest of the City to sell such Bonds to Bankers' Bank (the "Purchaser"), pursuant to the proposal form attached hereto as Exhibit A and incorporated herein by this reference (the "Proposal"). NOW, THEREFORE, the Common Council of the City of Columbus, Columbia County, Wisconsin, do resolve that: Section 1A. Authorization and Sale of Bonds. For the purpose of paying the cost of the Project, the City shall borrow on the credit of the income and revenue of the System the sum of $1,135,000. Negotiable, fully-registered bonds of the City, in the denomination of $5,000, or any whole multiple thereof, shall be issued in evidence thereof. The Bonds shall be designated "Sewerage System Revenue Bonds, Series 2020A", shall be numbered from R-1 upward and shall be dated June 11, 2020. The Bonds shall bear interest at the rates per annum set forth in the Proposal and shall mature on May 1 of each year, in the years and principal amounts as set forth on the Pricing Summary attached hereto as Exhibit B-1 and incorporated herein by this reference. Interest on the Bonds shall be payable on May 1 and November 1 of each year, commencing November 1, 2020. Interest shall be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. The schedule of principal and interest payments due on the Bonds is set forth on the Debt Service Schedule attached hereto as Exhibit B-2 and incorporated herein by this reference (the "Schedule"). The Bonds maturing on May 1, 2028 and thereafter shall be subject to redemption prior to maturity, at the option of the City, on May 1, 2027 or on any date thereafter. Said Bonds shall be redeemable as a whole or in part, and if in part, from maturities selected by the City and within each maturity, by lot, at the principal amount thereof, plus accrued interest to the date of redemption. [If the Proposal specifies that any of the Bonds are subject to mandatory redemption, the terms of such mandatory redemption are set forth on an attachment hereto as Exhibit MRP and incorporated herein by this reference. Upon the optional redemption of any of the Bonds subject to mandatory redemption, the principal amount of such Bonds so redeemed shall be credited against the mandatory redemption payments established in Exhibit MRP for such Bonds in such manner as the City shall direct.] -2- QB\62953666.2  The schedule of maturities is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices. Section 1B. Security for the Bonds. The Bonds, together with interest thereon, shall not constitute an indebtedness of the City nor a charge against its general credit or taxing power. The Bonds, together with interest thereon, shall be payable only out of the Special Redemption Fund provided for in Section 4 herein, and shall be a valid claim of the registered owner or owners thereof only against the Special Redemption Fund and the Revenues of the System pledged to such fund, on a parity with the pledge granted to the owners of the Prior Bonds. Sufficient Revenues are hereby pledged to said Special Redemption Fund, and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Prior Bonds and the Bonds as the same becomes due. Section 2. Form of the Bonds. The Bonds shall be issued in registered form and shall be executed and delivered in substantially the form attached hereto as Exhibit C and incorporated herein by this reference. Section 3. Definitions. In addition to the words defined elsewhere in this Resolution, the following words shall have the following meanings unless the context or use indicates another or different meaning or intent: "Annual Debt Service Requirement" means the total amount of principal and interest due in any Fiscal Year on the Prior Bonds, the Bonds and Parity Bonds. "Bond Year" means the one-year period ending on a principal payment date or mandatory redemption date for the Bonds. "Code" means the Internal Revenue Code of 1986, as amended. "DTC" means The Depository Trust Company, New York, New York, or any successor securities depository for the City with respect to the Bonds. "Fiscal Year" means the fiscal year adopted by the City for the System, which is currently the calendar year. "Net Revenues" means the Revenues minus all Operation and Maintenance Expenses of the System. "Operation and Maintenance Expenses" or "Current Expenses" means the reasonable and necessary costs of operating, maintaining, administering and repairing the System, including salaries, wages, costs of materials and supplies, insurance and audits, but excluding depreciation, debt service, tax equivalents and capital expenditures. "Parity Bonds" means additional bonds or obligations issued on a parity as to pledge and lien with the Bonds in accordance with the provisions of Section 7 of this Resolution. -3- QB\62953666.2  "Reserve Requirement" means an amount, determined as of the date of issuance of the Bonds, equal to the least of (a) the amount required to be on deposit in the Reserve Account prior to the issuance of the Bonds, plus the amount permitted to be deposited therein from proceeds of the Bonds pursuant to Section 148(d)(1) of the Code and Regulations; (b) the maximum annual debt service on the 2017 Bonds and the Bonds in a Bond Year; and (c) 125% of average annual debt service on the 2017 Bonds and the Bonds. If Parity Bonds which are to be secured by the Reserve Account are issued, the Reserve Requirement shall mean an amount, determined as of the date of issuance of the Parity Bonds, equal to the least of (a) the amount required to be on deposit in the Reserve Account prior to the issuance of such Parity Bonds, plus the amount permitted to be deposited therein from proceeds of the Parity Bonds pursuant to Section 148(d)(1) of the Code and Regulations; (b) the maximum annual debt service on outstanding obligations secured by the Reserve Account and the Parity Bonds to be issued; and (c) 125% of average annual debt service on the outstanding obligations secured by the Reserve Account and the Parity Bonds to be issued. "Regulations" means the Regulations of the Commissioner of Internal Revenue under the Code. "Revenues" or "Gross Earnings" means all income and revenue derived from operation of the System, including the revenues received from the City for services rendered to it and all moneys received from any other source, including income derived from investments all payments to the City under any wastewater treatment service agreements between the City and any contract users of the System. "System" means the entire Sewerage System of the City specifically including that portion of the Project owned by the City and including all property of every nature now or hereafter owned by the City for the collection, transmission, treatment, storage, metering and disposal of domestic, industrial and public sewage, including all improvements and extensions thereto made by the City while any of the Bonds and Parity Bonds remain outstanding, including all real and personal property of every nature comprising part of or used or useful in connection with such Sewerage System and including all appurtenances, contracts, leases, franchises and other intangibles. Section 4. Income and Revenue Funds. When the Bonds shall have been delivered in whole or in part, the Revenues shall be set aside into the Sewerage System Revenue Fund and then transferred to the following separate and special funds in the order of priority listed below, which were created and established by a Resolution adopted on January 16, 1996 and continued by the 2007 Resolution, the 2011 Resolution and 2017 Resolution and are hereby further continued and shall be used and applied as described below: - Revenues in amounts sufficient to provide for the reasonable and proper operation and maintenance of the System through the payment of Operation and Maintenance Expenses shall be set aside into the Sewerage System Operation and Maintenance Fund (the "Operation and Maintenance Fund"). -4- QB\62953666.2  - Revenues in amounts sufficient to pay the principal of and interest on the Prior Bonds, the Bonds and Parity Bonds and to meet the Reserve Requirement shall be set aside into the Sewerage System Revenue Bond and Interest Special Redemption Fund (the "Special Redemption Fund" or "Debt Service Fund"), to be applied to the payment of the principal of and interest on the Prior Bonds, the Bonds and Parity Bonds and to meet the Reserve Requirement. The monies standing in the Special Redemption Fund are irrevocably pledged to the payment of principal of and interest on the Prior Bonds, the Bonds and Parity Bonds. - Revenues in amounts sufficient to provide a proper and adequate depreciation account for the System shall be set aside into the Sewerage System Depreciation Fund (the "Depreciation Fund"). The Operation and Maintenance Fund and Depreciation Fund shall be deposited as received in public depositories to be selected by the Common Council in the manner required by Chapter 34, Wisconsin Statutes and may be invested in legal investments subject to the provisions of Section 66.0603(1m), Wisconsin Statutes. Money in the Operation and Maintenance Fund shall be used to pay Operation and Maintenance Expenses as the same come due; money not immediately required for Operation and Maintenance Expenses shall be used to accumulate a reserve in the Operation and Maintenance Fund equal to estimated Operation and Maintenance Expenses for one month. Any money then available and remaining in the Operation and Maintenance Fund may be transferred to the Surplus Fund, which fund is hereby continued. Revenues shall be deposited in the Depreciation Fund each month until such amount as the Common Council may from time to time determine to constitute an adequate and reasonable depreciation account for the System (the "Depreciation Requirement") is accumulated therein. Money in the Depreciation Fund shall be available and shall be used, whenever necessary, to restore any deficiency in the Special Redemption Fund and for the maintenance of the Reserve Account therein. When the Special Redemption Fund is sufficient for its purpose, funds in the Depreciation Fund may be expended for repairs, replacements, new construction, extensions or additions to the System. Any money on deposit in the Depreciation Fund in excess of the Depreciation Requirement which is not required during the current Fiscal Year for the purposes of the Depreciation Fund, may be transferred to the Surplus Fund. It is the express intent and determination of the Common Council that the amount of Revenues to be set aside and paid into the Special Redemption Fund (including the Reserve Account) shall in any event be sufficient to pay principal of and interest on the Prior Bonds, the Bonds and Parity Bonds and to meet the Reserve Requirement, and the City Treasurer shall each Fiscal Year deposit at least sufficient Revenues in the Special Redemption Fund to pay promptly all principal and interest falling due on the Prior Bonds, the Bonds and Parity Bonds and to meet the Reserve Requirement. The Revenues so set aside for payment of the principal of and interest on the Prior Bonds, the Bonds and Parity Bonds shall be set apart and shall be paid into the Special Redemption Fund not later than the 10th day of each month. The amount deposited each month shall be not -5- QB\62953666.2 less than one-sixth of the interest next coming due, plus one-twelfth of the principal next maturing. The minimum amounts to be so deposited for debt service on the Bonds, in addition to all amounts to be deposited to pay debt service on the Prior Bonds, are set forth on the Schedule. The Special Redemption Fund shall be used for no purpose other than the payment of interest upon and principal of the Prior Bonds, the Bonds and Parity Bonds promptly as the same become due and payable or to pay redemption premiums. All money in the Special Redemption Fund shall be deposited in a special account and invested in legal investments subject to Section 66.0603(1m), Wisconsin Statutes, and the monthly payments required to be made to the Special Redemption Fund shall be made directly to such account. The Reserve Account established by Section 4 of the 2017 Resolution shall be continued to additionally secure the payment of principal of and interest on the 2017 Bonds and the Bonds. The City shall, upon the issuance of the Bonds, deposit an amount equal to the Reserve Requirement into the Reserve Account, and an amount equal to the Reserve Requirement shall be maintained in the Reserve Account. The principal of and interest on the 2007 Bonds and the 2011 Bonds is not secured by the Reserve Account. The City covenants and agrees that at any time that the Reserve Account is drawn on and the amount in the Reserve Account shall be less than the Reserve Requirement, an amount equal to one-twelfth of the Reserve Requirement will be paid monthly into the Reserve Account from those funds in the Special Redemption Fund, the Operation and Maintenance Fund, the Depreciation Fund and the Surplus Fund which are in excess of the minimum amounts required by the preceding paragraphs to be paid therein until the Reserve Requirement will again have accumulated in the Reserve Account. No such payments need be made into the Reserve Account at such times as the monies in the Reserve Account are equal to the highest remaining annual debt service requirement on the Bonds and Parity Bonds secured by the Reserve Account in any Bond Year. If at any time the amount on deposit in the Reserve Account exceeds the Reserve Requirement, the excess shall be transferred to the Special Redemption Fund and used to pay principal and interest on the Bonds. If for any reason there shall be insufficient funds on hand in the Special Redemption Fund to meet principal or interest becoming due on the Bonds or Parity Bonds secured by the Reserve Account, then all sums then held in the Reserve Account shall be used to pay the portion of interest or principal on such Bonds or Parity Bonds becoming due as to which there would otherwise be default, and thereupon the payments required by this paragraph shall again be made into the Reserve Account until an amount equal to the Reserve Requirement is on deposit in the Reserve Account. Funds in the Special Redemption Fund in excess of the minimum amounts required to be paid therein plus reserve requirements may be transferred to the Surplus Fund. Money in the Surplus Fund shall first be used when necessary to meet requirements of the Operation and Maintenance Fund including the one month reserve, the Special Redemption Fund including the Reserve Account, and the Depreciation Fund. Any money then remaining in the Surplus Fund at the end of any Fiscal Year may be used only as permitted and in the order -6- QB\62953666.2 specified in Section 66.0811(2), Wisconsin Statutes. Money thereafter remaining in the Surplus Fund may be transferred to any of the funds or accounts created by this section. Section 5. Service to the City. The reasonable cost and value of any service rendered to the City by the System by furnishing sewerage services for public purposes, including reasonable health protection charges, shall be charged against the City and shall be paid by it in monthly installments as the service accrues, out of the current revenues of the City collected or in the process of collection, exclusive of the Revenues, and out of the tax levy of the City made by it to raise money to meet its necessary current expenses. It is hereby found and determined that the reasonable cost and value of such service to the City in each year shall be in an amount which, together with Revenues of the System, will produce Net Revenues equivalent to not less than 1.25 times the Annual Debt Service Requirement. Such compensation for such service rendered to the City shall, in the manner provided hereinabove, be paid into the separate and special funds described in Section 4 of this Resolution. However, such payment is subject to (a) annual appropriations by the Common Council therefor, (b) approval of the Wisconsin Public Service Commission, or successors to its function, if necessary, and (c) applicable levy limits, if any; and neither this Resolution nor such payment shall be construed as constituting an obligation of the City to make any such appropriation over and above the reasonable cost and value of services rendered to the City and its inhabitants or to make any subsequent payment over and above such reasonable cost and value. Section 6. Operation of System; City Covenants. It is covenanted and agreed by the City with the owner or owners of the Bonds, and each of them, that: (a) The City will faithfully and punctually perform all duties with reference to the System required by the Constitution and Statutes of the State of Wisconsin, including the making and collecting of reasonable and sufficient rates lawfully established for services rendered by the System, and will collect and segregate the Revenues of the System and apply them to the respective funds and accounts described hereinabove; (b) The City will not sell, lease, or in any manner dispose of the System, including any part thereof or any additions, extensions, or improvements that may be made part thereto, except that the City shall have the right to sell, lease or otherwise dispose of any property of the System found by the Common Council to be neither necessary nor useful in the operation of the System, provided the proceeds received from such sale, lease or disposal shall be paid into the Special Redemption Fund or applied to the acquisition or construction of capital facilities for use in the normal operation of the System, and such payment shall not reduce the amounts otherwise required to be paid into the Special Redemption Fund; (c) The City will cause the improvements to the System financed by the Bonds to be made as expeditiously as reasonably possible; (d) The City will pay or cause to be paid all lawful taxes, assessments, governmental charges, and claims for labor, materials or supplies which if unpaid could become a lien upon the System or its Revenues or could impair the security of the Bonds; -7- QB\62953666.2  (e) The City will maintain in reasonably good condition and operate the System, and will establish, charge and collect such lawfully established rates and charges for the service rendered by the System, so that in each Fiscal Year Net Revenues shall not be less than 125% of the Annual Debt Service Requirement, and so that the Revenues of the System herein agreed to be set aside to provide for the payment of the Prior Bonds, the Bonds and Parity Bonds and the interest thereon as the same becomes due and payable, and to meet the Reserve Requirement, will be sufficient for those purposes; (f) The City will prepare a budget not less than sixty days prior to the end of each Fiscal Year and, in the event such budget indicates that the Net Revenues for each Fiscal Year will not exceed the Annual Debt Service Requirement for each corresponding Fiscal Year by the proportion stated hereunder, will take any and all steps permitted by law to increase rates so that the aforementioned proportion of Net Revenues to the Annual Debt Service Requirement shall be accomplished as promptly as possible; (g) The City will keep proper books and accounts relative to the System separate from all other records of the City and will cause such books and accounts to be audited annually by a recognized independent firm of certified public accountants including a balance sheet and a profit and loss statement of the System as certified by such accountants. Each such audit, in addition to whatever matters may be thought proper by the accountants to be included therein shall include the following: (1) a statement in detail of the income and expenditures of the System for the Fiscal Year; (2) a statement of the Net Revenues of the System for such Fiscal Year; (3) a balance sheet as of the end of such Fiscal Year; (4) the accountants' comment regarding the manner in which the City has carried out the requirements of this Resolution and the accountants' recommendations for any changes or improvements in the operation of the System; (5) the number of connections to the System at the end of the Fiscal Year, for each user classification (i.e., residential, commercial, public and industrial); and (6) a list of the insurance policies in force at the end of the Fiscal Year setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy; and (h) So long as any of the Bonds are outstanding the City will carry for the benefit of the owners of the Bonds insurance of the kinds and in the amounts normally carried by private companies or other public bodies engaged in the operation of similar systems. All money received for loss of use and occupancy shall be considered Revenue of the System payable into the separate funds and accounts named in Section 4 of this Resolution. All money received for losses under any casualty policies shall be used in repairing the damage or in replacing the property destroyed provided that if the Common Council shall find it is inadvisable to repair such damage or replace such property and that the operation of the System has not been impaired thereby, such money shall be deposited in the Special Redemption Fund, but in that event such payments shall not reduce the amounts otherwise required to be paid into the Special Redemption Fund. Section 7. Additional Bonds. The Bonds are issued on a parity with the Prior Bonds. No bonds or obligations payable out of the Revenues of the System may be issued in such manner as to enjoy priority over the Bonds. Additional obligations may be issued if their lien and pledge is junior and subordinate to that of the Bonds. Additional obligations may be issued on a parity -8- QB\62953666.2 with the Bonds as to the pledge of Revenues of the System ("Parity Bonds") only if all of the following conditions are met: a. The Net Revenues of the System for the Fiscal Year immediately preceding the issuance of such additional obligations must have been in an amount at least equal to 1.25 times the maximum annual principal and interest requirements on all bonds outstanding payable from Revenues of the System (other than bonds being refunded) and on the Parity Bonds then to be issued in any Fiscal Year. Should an increase in permanent rates and charges, including those made to the City, be properly ordered and made effective during the Fiscal Year immediately prior to the issuance of such additional obligations or during that part of the Fiscal Year of issuance prior to such issuance, then Revenues for purposes of such computation shall include such additional Revenues as an independent certified public accountant, consulting professional engineer or the Wisconsin Public Service Commission may certify would have accrued during the prior Fiscal Year had the new rates been in effect during that entire immediately prior Fiscal Year. b. The payments required to be made into the funds and accounts enumerated in Section 4 of this Resolution (including the Reserve Account, but not the Surplus Fund) must have been made in full. c. The Parity Bonds must have principal maturing on May 1 of each year in which principal falls due and interest falling due on May 1 and November 1 of each year. d. If the Parity Bonds are to be secured by the Reserve Account, the amount on deposit in the Reserve Account must be increased to an amount equal to the Reserve Requirement applicable upon the issuance of Parity Bonds as defined in Section 3 of this Resolution. e. The proceeds of the Parity Bonds must be used only for the purpose of providing additions, extensions or improvements to the System, or to refund obligations issued for such purpose. While any of the Prior Bonds remain outstanding, additional bonds may only be issued if the requirements set forth in the Prior Resolutions are also met. Section 8. Sale of Bonds. The bid of the Purchaser for the purchase price set forth in the Proposal be and it hereby is accepted and the Mayor and City Clerk are authorized and directed to execute an acceptance of the offer of said successful bidder on behalf of the City. The good faith deposit of the Purchaser shall be retained by the City Treasurer until the closing of the bond issue, and any good faith deposits submitted by unsuccessful bidders shall be promptly returned. The officers of the City are authorized and directed to do any and all acts necessary to conclude delivery of the Bonds to the Purchaser, upon receipt of the purchase price, as soon after adoption of this Resolution as is convenient. Section 9. Application of Bond Proceeds. All accrued interest received from the sale of the Bonds shall be deposited into the Special Redemption Fund. An amount of proceeds of the Bonds equal to the Reserve Requirement shall be deposited in the Reserve Account. The balance -9- QB\62953666.2 of the proceeds, less the expenses incurred in authorizing, issuing and delivering the Bonds, shall be deposited in a special fund designated as "Sewerage System Improvement Fund." Said special fund shall be adequately secured and used solely for the purpose of meeting costs of extending, adding to and improving the System, as described in the preamble hereof. The balance remaining in said Improvement Fund after paying said costs shall be transferred to the Special Redemption Fund for use in payment of principal of and interest on the Bonds. Section 10. Amendment to Resolution. After the issuance of any of the Bonds, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Bonds have been paid in full as to both principal and interest, or discharged as herein provided, except: a. The City may, from time to time, amend this Resolution without the consent of any of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and b. This Resolution may be amended, in any respect, with the written consent of the owners of not less than two-thirds of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the City; provided, however, that no amendment shall permit any change in the pledge of Revenues derived from the System, or in the maturity of any Bond issued hereunder, or a reduction in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Bonds may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Bond to which the change is applicable. Section 11. Defeasance. When all Bonds have been discharged, all pledges, liens, covenants and other rights granted to the owners thereof by this Resolution shall cease. The City may discharge all Bonds due on any date by depositing into a special account on or before that date a sum sufficient to pay the same in full; or if any Bonds should not be paid when due, it may nevertheless be discharged by depositing into a special account a sum sufficient to pay it in full with interest accrued from the due date to the date of such deposit. The City, at its option, may also discharge all Bonds called for redemption on any date when they are prepayable according to their terms, by depositing into a special account on or before that date a sum sufficient to pay them in full, with the required redemption premium, if any, provided that notice of redemption has been duly given as required by this Resolution. The City, at its option, may also discharge all Bonds of said issue at any time by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its maturity or, at the City's option, if said Bond is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Bond at maturity, or at the City's option, if said Bond is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Bonds on such date has been duly given or provided for. Upon such payment or deposit, in the -10- QB\62953666.2 amount and manner provided by this Section, all liability of the City with respect to the Bonds shall cease, terminate and be completely discharged, and the owners thereof shall be entitled only to payment out of the money so deposited. Section 12. Investments and Arbitrage. Monies accumulated in any of the funds and accounts referred to in Sections 4 and 9 hereof which are not immediately needed for the respective purposes thereof, may be invested in legal investments subject to the provisions of Sec. 66.0603(1m), Wisconsin Statutes, until needed. All income derived from such investments shall be credited to the fund or account from which the investment was made; provided, however, that at any time that the Reserve Requirement is on deposit in the Reserve Account, any income derived from investment of the Reserve Account shall be deposited into the Special Redemption Fund and used to pay principal and interest on the Bonds. A separate banking account is not required for each of the funds and accounts established under this Resolution; however, the monies in each fund or account shall be accounted for separately by the City and used only for the respective purposes thereof. The proceeds of the Bonds shall be used solely for the purposes for which they are issued but may be temporarily invested until needed in legal investments. No such investment shall be made in such a manner as would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code or the Regulations. An officer of the City, charged with the responsibility for issuing the Bonds, shall, on the basis of the facts, estimates and circumstances in existence on the date of closing, make such certifications as are necessary to permit the conclusion that the Bonds are not "arbitrage bonds" under Section 148 of the Code or the Regulations. Section 13. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the City and the owner or owners of the Bonds, and after issuance of any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 10, until all of the Bonds have been paid in full as to both principal and interest. The owner or owners of any of the Bonds shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner's or owners' rights against the City, the governing body thereof, and any and all officers and agents thereof including, but without limitation, the right to require the City, its governing body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution. Section 14. Utilization of The Depository Trust Company Book-Entry-Only System. In order to make the Bonds eligible for the services provided by The Depository Trust Company, New York, New York ("DTC"), the City agrees to the applicable provisions set forth in the Blanket Issuer Letter of Representations, which the City Clerk or other authorized representative of the City is authorized and directed to execute and deliver to DTC on behalf of the City to the extent an effective Blanket Issuer Letter of Representations is not presently on file in the City Clerk's office. Section 15. Payment of the Bonds; Fiscal Agent. The principal of and interest on the Bonds shall be paid by Bond Trust Services Corporation, Roseville, Minnesota, which is hereby appointed as the City's registrar and fiscal agent pursuant to the provisions of Section 67.10(2), -11- QB\62953666.2 Wisconsin Statutes (the "Fiscal Agent"). The City hereby authorizes the Mayor and City Clerk or other appropriate officers of the City to enter a Fiscal Agency Agreement between the City and the Fiscal Agent. Such contract may provide, among other things, for the performance by the Fiscal Agent of the functions listed in Wis. Stats. Sec. 67.10(2)(a) to (j), where applicable, with respect to the Bonds. Section 16. Persons Treated as Owners; Transfer of Bonds. The City shall cause books for the registration and for the transfer of the Bonds to be kept by the Fiscal Agent. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Bond shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Any Bond may be transferred by the registered owner thereof by surrender of the Bond at the office of the Fiscal Agent, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity and the Fiscal Agent shall record the name of each transferee in the registration book. No registration shall be made to bearer. The Fiscal Agent shall cancel any Bond surrendered for transfer. The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Bond or Bonds necessary to effect any such transfer. Section 17. Record Date. The fifteenth day of each calendar month next preceding each interest payment date shall be the record date for the Bonds (the "Record Date"). Payment of interest on the Bonds on any interest payment date shall be made to the registered owners of the Bonds as they appear on the registration book of the City at the close of business on the Record Date. Section 18. Compliance with Federal Tax Laws. (a) The City represents and covenants that the projects financed by the Bonds and the ownership, management and use of the projects will not cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The City further covenants that it shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Bonds including, if applicable, the rebate requirements of Section 148(f) of the Code. The City further covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City Clerk or other officer of the City charged with the responsibility of issuing the Bonds shall provide an appropriate certificate of the City certifying that the City can and covenanting that it will comply with the provisions of the Code and Regulations. -12- QB\62953666.2  (b) The City also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Bonds provided that in meeting such requirements the City will do so only to the extent consistent with the proceedings authorizing the Bonds and the laws of the State of Wisconsin and to the extent that there is a reasonable period of time in which to comply. The foregoing covenants shall remain in full force and effect, notwithstanding the defeasance of the Bonds, until the date on which all of the Bonds have been paid in full. Section 19. Designation as Qualified Tax-Exempt Obligations. The Bonds are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265 of the Code, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. Section 20. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of the proceeds of the Bonds allocable to the payment of issuance expenses to Old National Bank at Closing for further distribution as directed by Ehlers. Section 21. Official Statement. The Common Council hereby approves the Preliminary Official Statement with respect to the Bonds and deems the Preliminary Official Statement as "final" as of its date for purposes of SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule"). All actions taken by officers of the City in connection with the preparation of such Preliminary Official Statement and any addenda to it are hereby ratified and approved. In connection with the closing of the Bonds, the appropriate City official shall certify the Preliminary Official Statement and any addenda. The City Clerk shall cause copies of the Preliminary Official Statement and any addenda to be distributed to the Purchaser. Section 22. Undertaking to Provide Continuing Disclosure. The City hereby covenants and agrees, for the benefit of the owners of the Bonds, to enter into a written undertaking (the "Undertaking") if required by the Rule to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be enforceable by the owners of the Bonds or by the Purchaser on behalf of such owners (provided that the rights of the owners and the Purchaser to enforce the Undertaking shall be limited to a right to obtain specific performance of the obligations thereunder and any failure by the City to comply with the provisions of the Undertaking shall not be an event of default with respect to the Bonds). To the extent required under the Rule, the Mayor and City Clerk, or other officer of the City charged with the responsibility for issuing the Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the City's Undertaking. -13- QB\62953666.2  Section 23. Record Book. The City Clerk shall provide and keep the transcript of proceedings as a separate record book (the "Record Book") and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing the Bonds in the Record Book. Section 24. Bond Insurance. If the Purchaser determines to obtain municipal bond insurance with respect to the Bonds, the officers of the City are authorized to take all actions necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized to agree to such additional provisions as the bond insurer may reasonably request and which are acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment of Bond proceeds, the payment procedure under the municipal bond insurance policy, the rights of the bond insurer in the event of default and payment of the Bonds by the bond insurer and notices to be given to the bond insurer. In addition, any reference required by the bond insurer to the municipal bond insurance policy shall be made in the form of Bond provided herein. Section 25. Execution of the Bonds; Closing; Professional Services. The Bonds shall be issued in printed form, executed on behalf of the City by the manual or facsimile signatures of the Mayor and City Clerk, authenticated, if required, by the Fiscal Agent, sealed with its official or corporate seal, if any, or a facsimile thereof, and delivered to the Purchaser upon payment to the City of the purchase price thereof, plus accrued interest to the date of delivery (the "Closing"). The facsimile signature of either of the officers executing the Bonds may be imprinted on the Bonds in lieu of the manual signature of the officer but, unless the City has contracted with a fiscal agent to authenticate the Bonds, at least one of the signatures appearing on each Bond shall be a manual signature. In the event that either of the officers whose signatures appear on the Bonds shall cease to be such officers before the Closing, such signatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as if they had remained in office until the Closing. The aforesaid officers are hereby authorized and directed to do all acts and execute and deliver the Bonds and all such documents, certificates and acknowledgements as may be necessary and convenient to effectuate the Closing. The City hereby authorizes the officers and agents of the City to enter into, on its behalf, agreements and contracts in conjunction with the Bonds, including but not limited to agreements and contracts for legal, trust, fiscal agency, disclosure and continuing disclosure, and rebate calculation services. Any such contract heretofore entered into in conjunction with the issuance of the Bonds is hereby ratified and approved in all respects. -14- QB\62953666.2  Section 26. Conflicting Ordinances or Resolutions. All prior ordinances, resolutions (other than the 2007 Resolution, the 2011 Resolution and the 2017 Resolution), rules, or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from and after its passage. In case of any conflict between this Resolution and the 2007 Resolution, the 2011 Resolution or the 2017 Resolution, the 2007 Resolution, the 2011 Resolution or the 2017 Resolution shall control so long as any Prior Bonds authorized by such resolution are outstanding. Adopted, approved and recorded May 19, 2020. _____________________________ Michael Thom Mayor ATTEST: ____________________________ Patricia Goebel City Clerk (SEAL) -15- QB\62953666.2  EXHIBIT A Proposal To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution. (See Attached) QB\62953666.2  EXHIBIT B-1 Pricing Summary To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution. (See Attached) QB\62953666.2  EXHIBIT B-2 Debt Service Schedule To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution. (See Attached) QB\62953666.2  [EXHIBIT MRP Mandatory Redemption Provision The Bonds due on May 1, _____, _______, _______ and ________ (the "Term Bonds") are subject to mandatory redemption prior to maturity by lot (as selected by the Depository) at a redemption price equal to One Hundred Percent (100%) of the principal amount to be redeemed plus accrued interest to the date of redemption, from special redemption fund deposits which are required to be made in amounts sufficient to redeem on May 1 of each year the respective amount of Term Bonds specified below: For the Term Bonds Maturing on May 1, Redemption Date Amount ______ $_______ ______ _______ (maturity) For the Term Bonds Maturing on May 1, Redemption Date Amount ______ $_______ ______ _______ (maturity) For the Term Bonds Maturing on May 1, Redemption Date Amount ______ $_______ ______ _______ (maturity) For the Term Bonds Maturing on May 1, Redemption Date Amount ______ $_______ ______ _______ (maturity) ] QB\62953666.2  EXHIBIT C (Form of Bond) UNITED STATES OF AMERICA REGISTERED STATE OF WISCONSIN DOLLARS COLUMBIA COUNTY NO. R-___ CITY OF COLUMBUS $_______ SEWERAGE SYSTEM REVENUE BOND, SERIES 2020A MATURITY DATE: ORIGINAL DATE OF ISSUE: INTEREST RATE: CUSIP: May 1, _____ June 11, 2020 ____% ______ DEPOSITORY OR ITS NOMINEE NAME: CEDE & CO. PRINCIPAL AMOUNT: _______________________ THOUSAND DOLLARS ($__________) FOR VALUE RECEIVED, the City of Columbus, Columbia County, Wisconsin (the "City"), hereby acknowledges itself to owe and promises to pay to the Depository or its Nominee Name (the "Depository") identified above (or to registered assigns), solely from the fund hereinafter specified, on the maturity date identified above, the principal amount identified above, and to pay interest thereon at the rate of interest per annum identified above, all subject to the provisions set forth herein regarding redemption prior to maturity. Interest shall be payable semi-annually on May 1 and November 1 of each year commencing on November 1, 2020 until the aforesaid principal amount is paid in full. Both the principal of and interest on this Bond are payable to the registered owner in lawful money of the United States. Interest payable on any interest payment date shall be paid by wire transfer to the Depository in whose name this Bond is registered on the Bond Register maintained by Bond Trust Services Corporation, Roseville, Minnesota (the "Fiscal Agent") or any successor thereto at the close of business on the 15th day of the calendar month next preceding the semi-annual interest payment date (the "Record Date"). This Bond is payable as to principal upon presentation and surrender hereof at the office of the Fiscal Agent. The Bonds maturing on May 1, 2028 and thereafter are subject to redemption prior to maturity, at the option of the City, on May 1, 2027 or on any date thereafter. Said Bonds are redeemable as a whole or in part, and if in part, from maturities selected by the City and within each maturity, by lot (as selected by the Depository), at the principal amount thereof, plus accrued interest to the date of redemption. [The Bonds maturing in the years ___________ are subject to mandatory redemption by lot as provided in the Resolution referenced below at the redemption price of par plus accrued interest to the date of redemption and without premium.] QB\62953666.2  In the event the Bonds are redeemed prior to maturity, as long as the Bonds are in book-entry-only form, official notice of the redemption will be given by mailing a notice by registered or certified mail, overnight express delivery, facsimile transmission, electronic transmission or in any other manner required by the Depository, to the Depository not less than thirty (30) days nor more than sixty (60) days prior to the redemption date. If less than all of the Bonds of a maturity are to be called for redemption, the Bonds of such maturity to be redeemed will be selected by lot. Such notice will include but not be limited to the following: the designation, date and maturities of the Bonds called for redemption, CUSIP numbers, and the date of redemption. Any notice provided as described herein shall be conclusively presumed to have been duly given, whether or not the registered owner receives the notice. The Bonds shall cease to bear interest on the specified redemption date provided that federal or other immediately available funds sufficient for such redemption are on deposit at the office of the Depository at that time. Upon such deposit of funds for redemption the Bonds shall no longer be deemed to be outstanding. This Bond is one of an issue aggregating $1,135,000, issued to finance additions, improvements and extensions to the City's Sewerage System, pursuant to Article XI, Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, acts supplementary thereto and a Resolution adopted May 19, 2020, and entitled: "A Resolution Authorizing the Issuance and Sale of $1,135,000 Sewerage System Revenue Bonds, Series 2020A of the City of Columbus, Columbia County, Wisconsin, and Providing for the Payment of the Bonds and Other Details With Respect to the Bonds" (the "Resolution") and is payable only from the income and revenues derived from the operation of said Sewerage System. Such revenues have been set aside and pledged as a special fund for that purpose and identified as "Special Redemption Fund", created by a resolution adopted by the City on January 16, 1996 and continued by the Resolution. The Bonds are issued on a parity with the City's Sewerage System Revenue Bonds, Series 2007, dated November 14, 2007, Sewerage System Revenue Bonds, Series 2011, dated June 8, 2011 and Sewerage System Revenue Bonds, Series 2017C, dated April 4, 2017. This Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory debt limitation or provision. This Bond has been designated by the Common Council as a "qualified tax-exempt obligation" pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. This Bond is transferable only upon the books of the City kept for that purpose at the office of the Fiscal Agent, only in the event that the Depository does not continue to act as depository for the Bonds, and the City appoints another depository, upon surrender of the Bond to the Fiscal Agent, by the registered owner in person or his duly authorized attorney, together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Thereupon a new fully registered Bond in the same aggregate principal amount shall be issued to the new depository in exchange therefor and upon the payment of a charge sufficient to reimburse the City for any tax, fee or other governmental charge required to be paid with respect to such registration. The Fiscal Agent shall not be obliged to make any transfer of the Bonds (i) after the Record Date, (ii) during the fifteen (15) calendar days preceding the date of any publication of notice of any proposed redemption of the Bonds, or (iii) with respect to any particular Bond, after such Bond has been called for redemption. The Fiscal Agent and City may treat and -2- QB\62953666.2 consider the Depository in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other purposes whatsoever. The Bonds are issuable solely as negotiable, fully-registered Bonds without coupons in the denomination of $5,000 or any integral multiple thereof. It is hereby certified, recited and declared that all conditions, things and acts required by law to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said City from the operation of its Sewerage System has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Bond. This Bond shall not be valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Fiscal Agent. IN WITNESS WHEREOF, the City of Columbus, Columbia County, Wisconsin, by its governing body, has caused this Bond to be executed for it and in its name by the manual or facsimile signatures of its duly qualified Mayor and City Clerk; and to be sealed with its official or corporate seal, if any, all as of the original date of issue specified above. CITY OF COLUMBUS, COLUMBIA COUNTY, WISCONSIN By: ______________________________ Michael Thom Mayor (SEAL) By: ______________________________ Patricia Goebel City Clerk -3- QB\62953666.2 Date of Authentication: _______________, ______ CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue authorized by the within-mentioned resolution of the City of Columbus, Wisconsin. BOND TRUST SERVICES CORPORATION, ROSEVILLE, MINNESOTA By____________________________ Authorized Signatory -4- QB\62953666.2  ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto ____________________________________________________________________________ (Name and Address of Assignee) ____________________________________________________________________________ (Social Security or other Identifying Number of Assignee) the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________, Legal Representative, to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: _____________________ Signature Guaranteed: _____________________________ ________________________________ (e.g. Bank, Trust Company (Depository or Nominee Name) or Securities Firm) NOTICE: This signature must correspond with the name of the Depository or Nominee Name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. ____________________________ (Authorized Officer) -5- QB\62953666.2  2020 AGENDA ITEM Committee of the Whole Meeting date: _____May 5, 2020__________ Council Meeting date: ___May 19, 2020_____ ___________ ITEM: ___Alcohol Renewal Process & Resolution concerning fees, inspections for Class B license holders for the 2020-2021 Licensing Period__ DETAILED DESCRIPTION OF SUBJECT MATTER: The alcohol licensing renewal process was discussed at the April 21 Committee of the Whole Council meeting. Conversation included how to handle fees for business forced to be closed per Governor Evers' Stay At Home order, inspections for those same business during the renewal process, and how to regulate change of premises. Attached is a Resolution covering these specific items. NOTE: Until City Hall reopens to the public, all applications will be handled by appointment only, or can be left in the City Hall drop box. Payment and distribution of licenses will be handled in the same manner. This information will be noted in the renewal packet mailed to all license holders. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: o Resolution 8-20 "A Resolution Providing For The Rebate Of Certain Alcohol License Fees And Amending Certain Policies For The Approval Of Alcohol License During The 2020-2021 License Period" ACTION REQUESTED OF COUNCIL: o Review and forward to May 19, 2020 Council meeting.  RESOLUTION NO. _____8-20_______ A RESOLUTION PROVIDING FOR THE REBATE OF CERTAIN ALCOHOL LICENSE FEES AND AMENDING CERTAIN POLICIES FOR THE APPROVAL OF ALCOHOL LICENSES DURING THE 2020-2021 LICENSE PERIOD WHEREAS, on March 12, 2020, Governor Tony Evers declared a public health emergency to direct all resources needed to respond to and contain the COVID-19 virus in Wisconsin; and WHEREAS, on March 13, 2020, President Donald Trump proclaimed a national emergency concerning COVID-19; and WHEREAS, on March 24, 2020, Andrea Palm, Secretary Designee of the Wisconsin Department of Health Services issued Emergency Order No. 12, otherwise known as the Safer at Home Order; and WHEREAS, the Orders issued by Governor Evers and Secretary Designee Palm effectively prohibited all bars and restaurants within the City of Columbus from selling alcohol for on-premises consumption as of March 17, 2020, and this prohibition significantly reduces the ability of “Class B” and Class “B” license holders to sell alcohol pursuant to their granted license; and WHEREAS, this mandatory prohibition on the sale of alcohol has created a hardship upon those establishments that have a “Class B” liquor license or Class “B” beer license in that establishments with those licenses are not able to sell beer or intoxicating liquor while the current orders are in place; and WHEREAS, the closure of these establishments pursuant to the Orders will also make it very difficult for the City of Columbus to follow certain steps of its current procedure for issuing and renewing alcohol licenses in June of 2020 for the 2020-2021 license period. NOW, THEREFORE, the City of Columbus Common Council does hereby resolve as follows: 1. For the 2020-2021 license renewal review process, no establishment submitting a renewal application will be allowed to expand on its premises description as currently permitted by its existing license on file with the City. 2. The inspections required by the Fire Department, Police Department and Building Inspector as part of the license renewal process are deferred for a period of 60 days from the termination of the Safer at Home Order as it applies to bars and restaurants. 3. Each holder of a “Class B” liquor and/or Class “B” beer license that is renewed for the 2020-2021 license period shall, after paying its license fees, receive a rebate from the City in the amount of $143.80 for “Class B” licenses and $28.76 for Class “B” licenses. This sum represents a pro-rated share of the license paid but unused from March 17, 2020 until June 30, 2020, because of the provisions of the Safer at Home Order. Dated this ____ day of __________________, 2020. CITY OF COLUMBUS ________________________________ Michael Thom, Mayor ________________________________ Patricia Goebel, Clerk 2 G:\Administration\City Council\RESOLUTIONS\RES.8.20 Resolution Rebate of alcohol license fees.docx  CITY OF COLUMBUS FOR MEETING OF: May 5, 2020 REQUEST FROM/DEPARTMENT: Recreation AGENDA ITEM/REQUEST: Approval of a New Lion Park Bench to be placed in Meister Park as a donation from the Columbus Lions group. In addition, the Columbus Lions group would like to place planters in and around Meister Park. *************************************************** DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: I am asking for Council approval to allow the Columbus Lions group the opportunity to donate a Lion Park Bench in Meister Park. It is my understanding that the bench will be placed on a concrete slab and bolted in place; all concrete work is to be a donation to the Lions group. DPW is not expected to help with the concrete work, but will assist by storing the bench at DPW until the approved installation date. The Lions group would also like to place flower planters in the park in spring, they will maintain them and will remove the planters in the fall. PREVIOUS ACTION TAKEN (IF APPLICABLE): BUDGET AND FINANCING INFORMATION: none Account #: _________________________ Department: __________________________ Acct. # Approved Budget: ______________ Current Balance in Acct #: ________________ Remaining Balance in Acct #: _______________ (after approval)  2020 AGENDA ITEM Committee of the Whole Meeting date: ___May 5, 2020__________________ Council Meeting date: ______May 19, 2020____ ___________ ITEM: _Police Department grant for $4000_______ DETAILED DESCRIPTION OF SUBJECT MATTER: The Columbus Police Department has won a $4000 equipment grant from the Wisconsin Department of Transportation for participating in unfunded traffic enforcement initiatives during 2019. There is no monetary match required. Monies must be used to purchase equipment used in traffic enforcement or traffic safety related. Grant requires initial purchase and payment by the department with reimbursement from DOT following submission of receipts. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Memo from Chief Weiner detailing grant and process. ACTION REQUESTED OF COUNCIL: Request to review and approve the acceptance of the $4000 equipment grant from the Wisconsin Department of Transportation for the Columbus Police Department. .  2020 AGENDA ITEM Committee of the Whole Meeting date: ____May 5___________________ Council Meeting date: __________ ___________ ITEM: _Review and Discuss the Woods Development Letter of Credit_______ DETAILED DESCRIPTION OF SUBJECT MATTER: The Woods at Highland Ridge Letter of Credit, which totals $25,121, expires on 6-1- 2020. On Monday April 27, Zach Navin notified the developer that the following items need to be completed before June 1st or we will pull their letter of credit to complete the work.  Restoration along Redbud trail and sidewalks that were poured this spring  New erosion control and inlet protection installed while this work was being completed.  Final sweep of the road when restoration is completed Moving this item forward allows the City to pull their Letter of Credit if they do not complete the work that has been requested by the city. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Review and Discuss the Woods Development Letter of Credit  2020 AGENDA ITEM Committee of the Whole Meeting date: May 5, 2020__ Council Meeting date: _____May 19, 2020____________ ITEM: Review and discuss the Mae Ward Fund application for Flowering Baskets DETAILED DESCRIPTION OF SUBJECT MATTER: Please review the attached application to purchase flowers and supporting materials (coco liners, soil, etc.) for the flowering baskets and planters in the downtown area. Update for 5-19 Meeting – Also enclosed is a worksheet with costs for the baskets. We will receive a final invoice for all costs(baskets and planters) upon completion of the project. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Mae Ward Fund Application ACTION REQUESTED OF COUNCIL: Review and discuss the Mae Ward Fund application for Flowering Baskets  MAE WARD PROJECT APPLICATION FORM City of Columbus - Downtown Beautification Project Sponsor: ____________________________________________________________________ Flowering Baskets and Planters for Downtown Project Name: _______________________________________________________________________ Please attach a narrative that identifies how the project completed with these funds. In no more than one (1) page, please describe: • How the funds will be used? • How the project sponsor is capable of completing the proposed project? Include a list of other projects completed by the sponsor. • Where is the project is located? • Identify how the project will enhance beauty in the City of Columbus? Project Budget Activity Requested Mae Ward Funds Other Funding Sources* TOTAL Flowers and related items $500 $ 500 $ TOTAL $ 500 $ $ 500 *If applicable, please identify the other funding sources: ____________________________ Will the project sponsor donate time for the completion of the project? Yes __ ✔ No __ Will there be ongoing maintenance because of this project? Yes ✔ __ No __ If yes, will the sponsor volunteer time to in future years for ongoing maintenance? Yes __ No __ ✔ Does the city need to contribute staff time for completion or maintenance of the project? Yes __ ✔ No __ If available, Please include the following information: • Bids or Estimates of Project Costs • Landscaping or Site Plan • Other documents that may be requested by the City __________________________________ 4/29/2020 ______________________ Signature Date Matt Schreiber ___________________________________ Print Name  Mae Ward Fund Narrative How the funds will be used? The application is to purchase materials needed to grow and support ten (10) flowering baskets and two (2) planters. This year we are installing two petunias that were used last year, and mini-petunias to add another color. In addition, funds will be used to purchase coco liners for the baskets. The flowering baskets will be installed by Columbus DPW and/or Columbus Water and Light Staff at the end of May or Beginning of June. Last year both DPW and Water and Light helped with the installation. This year we expect the installation to go much quicker because we will not have to install the banners or the brackets for the flowering baskets. Kevin White from Contree Sprayer and Equipment has generously borrowed a sprayer for staff to use for the season. Staff has talked with the DPW director and he indicated they would have time to handle the watering for the season. How the project sponsor is capable of completing the proposed project? Last year the Beautification task force worked with the Columbus High School FFA chapter to complete this project. Due to COVID 19 and the school closure we were had to find someone else to grow the flowers for the season. Thanks to Liz Davis, who was on the Downtown Beautification Task Force last year, we identified Lorra Kaye's Studio operated by Lorra Rhyner to help with the project. Lorra is a master gardener who has a private greenhouse just outside of Columbus. We have shared the details from last year’s project to inspire and inform the development of this years project. Where is the project is located? The baskets will be on the same street poles that we used last year. The brackets that were installed last year remained on the street poles year round and will be used this season. The baskets were generally installed on street poles by: James and Dickason; James and Water Street; Ludington and Harrison; and Ludington and Mill. Identify how the project will enhance beauty in the City of Columbus? Last year I heard many positive comments on the flowers and banners. The project will continue to enhance the streetscape and make downtown Columbus more inviting to residents and visitors. Please see the attached pictures that show the impact of this project. City of Columbus - expenses for hanging baskets .055% Unit Price Ext sales tax Total 2 flats of petunias @ $22.00 $ 44.00 + $ 2.42 = $ 46.42 2 flats of callibrachoas @ $22.00 $ 44.00 + $ 2.42 = $ 46.42 6 4-packs of vinca @ $4.00 $ 24.00 + $ 1.32 = $ 25.32 4 lantana @ $3.00 $ 12.00 + $ 0.66 = $ 12.66 2 osteospermum @ $4.59 $ 9.18 + $ 0.50 = $ 9.68 4 bags of potting mix @ $7.99 $ 31.96 + $ 1.76 = $ 33.72 10 coco liners @ $3.99 $ 39.90 + $ 2.19 = $ 42.09 $ 205.04 $ 11.28 $ 216.32