No preview available
HomeMy WebLinkAboutAgenda Packet 07-09-2024 CITY COMMISSION MEETING AGENDA FOR JULY 9, 2024 5:00 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for June 25, 2024, Board of Commissioners Meeting B. Receive & File Documents C. Appointment of Jewel Jones to the Paducah Code Enforcement Board D. Appointment of Katie Flowers, Fowler Black, Mary Katherine Dossett, Colleen Stovesand, Misty Freeman and Dee Gregory to the Civic Beautification Board E. Personnel Actions F. Declaration of Trust and Trust Partnership Agreement for the Kentucky League of Cities Worker's Compensation Trust - S. WILCOX G. Trust Participation Agreement - Kentucky League of Cities Insurance Services - General Insurance Trust - S. WILCOX H. Authorize the Mayor to execute a contract with Trace3 for the purchase of hardware and software to virtualize E911 servers for an amount not to exceed $130,000 - E. STUBER II. MUNICIPAL ORDER(S) A. Approve Tower Lease with SBA Towers X, LLC for 911 Radio Upgrade - B. LAIRD III. ORDINANCE(S) - ADOPTION A. Approve Section 8 Housing Choice Voucher Program FY25 Budget - LASICA McEWEN IV. ORDINANCE(S) - INTRODUCTION A. Approve an Amendment to Ordinance 2019-11-8600 to Add an IVR Service for optional Credit Card and ACH Payments - S. MILLAY & E. SHAW B. Authorize a Natural Gas Franchise Agreement between the City of Paducah and Atmos Energy - L. PARISH C. Approve the closing of 78,335 Square Feet Between 2600 & 2621 Husbands Road and 2730 Husbands Road and 2585 John Puryear Dr and 185,805 Square Feet Between 2600 & 2630 John Puryear Drive and the City of Paducah’s Floodwall Levee - M. TOWNSEND V. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VI. EXECUTIVE SESSION July 9, 2024 RECEIVE AND FILE DOCUMENTS: Deed File: 1. Quitclaim Deed – Woodland Reserve –ORD 2024-05-8810 Contract File: 1. Commonwealth of Kentucky Lease Agreement – Probation & Parole – ORD 2013-2-8011 2. Interlocal Agreement For Provision of Emergency 911 Services with McCracken County ORD 2024-05-8813 th 3. Reimbursement Agreement with Paducah Water for the S. 24 Street Waterline Relocation Expense –MO #2909 4. Sybersecurity Grant in the amount of $50,000 – MO #2914 5. Title VI Program Plan – MO #2915 6. Notice of Award – Paducah Sports Park - Field Turf and Contract with Sprinturf, LLC – MO #2916 7. Notice of Award – Paducah Sports Park – Field Lighting and Contract with Musco Sports Lighting LLC – MO #2917 8. Notice of Award – Paducah Sports Park – General Site Construction and Contract with A&K Construction – MO #2918 9. Notice of Award – Paducah Sports Park – Food Services – and Contract with Stafford Smith, Inc. – MO #2919 10. Contract with the Paducah Convention & Visitors Bureau – 2024 Quilt Show – signed by Michelle Smolen – Assistant City Manager Financials: 1. Report of the Audit For Paducah Convention & Visitors Bureau 2. Auditor’s Report and Financial Statements for years ended June 30, 2023 and 2022 – Paducah-McCracken County Riverport Authority Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Declaration of Trust and Trust Partnership Agreement for the Kentucky League of Cities Worker's Compensation Trust - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: Insurance regulations as they pertain to self-insured associations require pool members to execute a participation agreement annually. These agreements were signed when the City first became a member of the Kentucky League of Cities insurance pool, and the annual re-signing does not change any of the provisions contained in those original agreements. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Approve and sign the KLC Worker's Comp Trust Agreement for FY25. Attachments: 1. MO - agree – Declaration of Trust & Trust Participation WC - KLC FY2025 2. KLC Workmens Comp Trust Agreement FY2025 MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF TRUST AND TRUST PARTICIPATION AGREEMENT WITH THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE WORKER’S COMPENSATION TRUST NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute the Declaration of Trust and Trust Participation Agreement with the Kentucky League of Cities Insurance Services for the Worker’s Compensation Trust. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 9, 2024 Recorded by Lindsay Parish, City Clerk, July 9, 2024 \\mo\\ agree – Declaration of Trust & Trust Participation WC - KLC FY2025 Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Trust Participation Agreement - Kentucky League of Cities Insurance Services - General Insurance Trust - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: Insurance regulations as they pertain to self-insured associations require pool members to execute a participation agreement annually. These agreements were signed when the City first became a member of the Kentucky League of Cities insurance pool, and the annual re-signing does not change any of the provisions contained in those original agreements. This agreement pertains to property, liability, and auto insurance coverage. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Approve and sign the KLC Trust Participation Agreement for FY25. Attachments: 1. MO - agree – Declaration of Trust & Trust Participation – General Ins. KLC FY2025 2. KLC General Insurance Trust FY2025 MUNICIPAL ORDER NO. ____ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF TRUST AND TRUST PARTICIPATION AGREEMENT WITH THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE GENERAL INSURANCE TRUST BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute the Declaration of Trust and Trust Participation Agreement with the Kentucky League of Cities Insurance Services for the General Insurance Trust. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 9, 2024 Recorded by Lindsay Parish, City Clerk, July 9, 2024 \\mo\\ agree – Declaration of Trust & Trust Participation – General Ins. KLC FY2025 Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Authorize the Mayor to execute a contract with Trace3 for the purchase of hardware and software to virtualize E911 servers for an amount not to exceed $130,000 - E. STUBER Category: Municipal Order Staff Work By: Eric Stuber Presentation By: Eric Stuber Background Information: Tyler NewWorld Public Safety was implemented for E911 Communication Services in 2018. The decision was made at that time to host this service on premise in the Technology Department's Network Operations Center utilizing Dell hardware in a virtual server environment. This hardware runs the Computer Aided Dispatch component of E911 which provides dispatch and routing software in each police, sheriff, and fire department vehicle. In addition, it provides reporting for E911, Paducah Police Department, and Paducah Fire Department. It is comprised of 12 virtual servers that operate a test and production environment. That hardware is now no longer supported by Dell and needs to be replaced and upgraded. Given that the City implemented a new virtualization environment in fiscal year 2024, it would save E911 a considerable amount of money to add capacity to that system as opposed to replacing the entire Dell hardware. In addition, it will allow for increased fault tolerance, faster performance, load balancing, disaster recovery options, and consolidated maintenance. This additional equipment will be purchased through Trace3 on the same NASPO ValuePoint Kentucky State contract MA 758 2100000767 that is valid until September 30 2026 Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Account Name: E911 Computer/Tech Supplies Funds Available: Account Number: 2000-40-4001-PS-00000-00000-535050 Staff Recommendation: Authorize the Mayor to execute a contract with Trace3 for the purchase of hardware and software to virtualize E911 servers in an amount not to exceed $130,000 Attachments: 1. MO Trace3 E911 Servers Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Approve Tower Lease with SBA Towers X, LLC for 911 Radio Upgrade - B. LAIRD Category: Municipal Order Staff Work By: Anthony Copeland, Brian Laird, Ariana Kitty Presentation By: Brian Laird Background Information: Part of the 911 radio upgrade project includes the addition of more tower locations to meet coverage standards. The SBA tower located at 672 Sheehan Bridge Road is one of two tower locations identified for the project that require lease agreements. Staff and our consultant, Federal Engineering, have negotiated this lease agreement with SBA. The agreement has also been reviewed by the City Attorney. The lease agreement is for an initial term of 10 years, with the option to automatically renew for four (4) additional terms of five (5) years each. Rent will be $3,000/month for the first year with an annual increase of 5%. The cost of this lease has been included in the 911 budget. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: 911 Upgrade Communications Plan: Account Name: Communications Equipment Maintenance Funds Available: Account Number: 20004001 522060 Staff Recommendation: Approve lease agreement Attachments: 1. MO Lease - SBA Towers X, LLC - 911 2. KY22444-A-04 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 ANTENNA SITE AGREEMENT 1.Premises and Use. SBA TOWERS X, LLC, a discretion of Owner if this lease is not executed by Delaware limited liability company (“Owner”) leases to Tenant and returned to Owner by August 31, 2024. PADUCAH POLICE DEPARTMENT, a government 4.Security Deposit. Prior to the Commencement entity (“Tenant”), the site described below: Tower Date, Tenant will deposit with Owner an amount equal antenna space; Ground space for placement of Pad or to three (3) months’ Rent (“Security Deposit”). Owner Shelter (“Shelter”) for Tenant’s base station equipment will have the right to draw against the Security Deposit consisting of approximately 288 square feet; and in the event of any breach hereunder, including when space required for Tenant’s cable ladders, cable runs any Rent becomes past due. If Owner elects to draw and cable bridges to connect telecommunications down the Security Deposit, Tenant must replenish the equipment and antennas, in the location shown on amounts so drawn within ten (10) days after written Exhibit A, together with a non-exclusive easement for demand therefor by Owner. The Security Deposit will reasonable access thereto and to the appropriate, in be retained in a non-interest bearing account. the discretion of Tenant, source of electric and 5.Title and Quiet Possession. Owner represents telephone facilities (collectively, the “Site”). The Site and agrees (a) that it is in possession of the Site as will be used by Tenant for the purpose of installing, lessee under a ground lease (“Ground Lease”); (b) that removing, replacing, modifying, maintaining and if applicable, upon request from Tenant, Owner will operating, at its expense, a telecommunications provide to Tenant a copy of the Ground Lease with service system facility consisting of the antenna(s) and financial and other confidential terms redacted; (c) that related equipment set forth on Exhibit B (the it has the right to enter into this Agreement; (d) that the “Equipment”). If Tenant desires to place equipment on person signing this Agreement has the authority to sign; the Site in addition to that listed on Exhibit B, Owner and (e) that Tenant is entitled to the quiet possession and Tenant will negotiate the placement of the of the Site subject to zoning and other requirements additional equipment and the associated increased imposed by governmental authorities, any easements, rent. Tenant will use the Site in a manner which will restrictions, or encumbrances of record throughout the not unreasonably disturb the occupancy of Owner’s Initial Term and each Renewal Term so long as Tenant other tenants. is not in default beyond the expiration of any cure 2.Term. The “Initial Term” of this Agreement shall period. Notwithstanding anything to the contrary be ten (10) years beginning on the date set forth below contained in this Agreement, if the Site is subject to a (“Commencement Date”) and terminating on the tenth ground lease, either party may terminate this anniversary of the Commencement Date. This Agreement without further liability upon the termination Agreement will automatically renew for four (4) or expiration of Owner’s right to possession of the Site additional terms (each a “Renewal Term”) of five (5) under the Ground Lease. Owner will not do, attempt, years each, unless either party provides notice to the permit or suffer anything to be done which could be other of its intention not to renew not less than one construed to be a violation of the Ground Lease. This hundred and twenty (120) days prior to the expiration Agreement is subordinate to any mortgage or deed of of the Initial Term or any Renewal Term. trust now of record against the Site. Promptly after this COMMENCEMENT DATE: The earlier of the date Agreement is fully executed, if requested by Tenant, Tenant begins installation of its Equipment at the Site Owner will request the holder of any such mortgage or or March 01, 2025. deed of trust to execute a non-disturbance agreement 3.Rent. Beginning on the Commencement Date in a form provided by Tenant, and Owner will cooperate rent will be paid in equal monthly installments of Three with Tenant at Tenant’s sole expense toward such an Thousand Dollars and Zero Cents ($3,000.00) end to the extent that such cooperation does not cause (“Rent”), in advance, due on the first day of each Owner additional financial liability. Tenant will not, month, partial months to be prorated on a thirty (30) directly or indirectly, on behalf of itself or any third party, day month. Rent will be increased annually on the communicate, negotiate, and/or contract with the lessor anniversary of the Commencement Date (during the of the Ground Lease, unless Owner’s rights under the Initial and all Renewal Terms) by 5% of the monthly Ground Lease have been terminated. rate in effect for the prior year. This Agreement shall 6.Assignment/Subletting. Tenant may not assign be effective on the date last executed by the parties or transfer this Agreement without the prior written provided that Rent shall be subject to change at the consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned. Other - ANTSITE 3-5-10 (Rev. 3.13.15)1Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 However, Tenant may assign without the Owner’s alterations to such Equipment, Tenant, at its expense, prior written consent to any party controlling, controlled will obtain all required approvals and will submit to by or under common control with Tenant provided that Owner plans, specifications and proposed dates of the the assuming party has comparable credit quality to planned installation or other activity, for Owner’s that of Tenant. Tenant may not sublease this approval which approval will not be unreasonably Agreement. In no event will Tenant be relieved of any withheld, including, if requested by Owner, a tower obligations or liability hereunder.loading study and/or an intermodulation study performed and certified by an independent licensed 7.Access and Security. Tenant will have the professional engineer. The approved plans will be reasonable right of access to the Tower where its deemed incorporated into this Agreement. All Equipment is located; provided that Tenant must give installation of or other work on Tenant’s Equipment on Owner forty-eight (48) hours’ prior notice. Tenant will the Tower will be at Tenant’s sole expense and have unrestricted access twenty-four (24) hours a day performed by Owner or one of its affiliates or seven (7) days a week to its Pad or Shelter. In the subsidiaries. All installations, operation and event of an emergency situation which poses an maintenance of Equipment must be in accordance with immediate threat of substantial harm or damage to Owner’s policies set forth in Exhibit D. Owner reserves persons and/or property (including the continued the right to prohibit operation of any Equipment it operations of Tenant’s telecommunications reasonably deems to be improperly installed, unsafe or equipment) which requires entry on the Tower, Tenant not included in the installation design plan. Owner may enter same and take the actions that are required agrees to cooperate with Tenant’s reasonable to protect individuals or personal property from the requests, at Tenant’s expense, with respect to immediate threat of substantial harm or damage; obtaining any required zoning approvals for the Site provided that promptly after the emergency entry and and any improvements. Upon termination or expiration in no event later than twenty-four (24) hours, Tenant of this Agreement, Tenant shall remove its Equipment gives telephonic and written notice to Owner of and improvements and will restore the Site to the Tenant’s entry onto the Site. condition existing on the Commencement Date, except 8.Notices. All notices must be in writing and are for ordinary wear and tear and insured casualty loss. If effective when deposited in the U.S. mail, certified and Tenant fails to remove its Equipment as specified in the postage prepaid, or when sent via overnight delivery, preceding sentence, Tenant’s Equipment will be to the address set forth below, or as otherwise subject to disconnection, removal, and disposal by provided by law. Owner. If Tenant’s Equipment remains on the Site after the termination or expiration date (even if it has been Tenant:Paducah Police Department disconnected), Tenant will pay to Owner a hold-over 510 Clark Street, 1400 Broadway fee equal to two hundred percent (200%) of the then- Paducah, Kentucky 42001 effective monthly Rent, prorated from the effective date of termination to the date the Equipment is removed from the Site. Owner will have the right (but not the Owner:SBA Towers X, LLC obligation) to disconnect and remove Equipment from 8051 Congress Avenue the Site. If, after the termination date, Owner 2nd Floor disconnects and removes Equipment, Tenant will pay Boca Raton, FL 33487-1307 to Owner upon demand three hundred percent (300%) Attn: Site Administration of the disconnection, removal and storage expenses RE: KY22444-A-04/EV Clarks River incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within forty-five (45) days of its removal from the Site, Owner has the right to sell the Equipment and deduct therefrom any amounts due RentalSBA Towers X, LLC under this Agreement, returning the remainder to Payments:PO Box 936573 Tenant. Upon written notice by Owner to Tenant not Atlanta, GA 31193-6573 less than five (5) business days beforehand, unless Attn: Accounts Receivable such notice cannot reasonably be provided in which RE: KY22444-A-04/EV Clarks River event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, 9.Installation and Improvements. Prior to or interrupting its activities for limited periods of time in installing or allowing any Equipment to be installed at the event of an emergency or in order to permit the safe the Site or making any changes, modifications or Other - ANTSITE 3-5-10 (Rev. 3.13.15)2Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 installation of new equipment or new facilities at the Owner to comply with any reporting obligations for Site or to permit repair to facilities of any user of the which Owner, but not Tenant, is responsible as a result Site or to the related facilities.of statute or regulation. 11.Insurance. Tenant will procure and maintain a 10.Compliance with Laws. Tenant agrees to take public liability policy, with limits of not less than the Site in strictly “as is” condition. Owner represents $1,000,000 for bodily injury, $1,000,000 for property that the Site, its property contiguous thereto, and all damage, $2,000,000 aggregate, which minimum improvements located thereon, are in substantial Owner may require adjusting at each renewal term, with compliance with building, life/safety, disability and a certificate of insurance to be furnished to Owner other laws, codes and regulations of applicable within thirty (30) days of execution of this Agreement governmental authorities. Tenant will substantially and prior to performing any work. Such policy will comply with all applicable laws relating to its provide that cancellation will not occur without at least possession and use of the Site and its Equipment. fifteen (15) days prior written notice to Owner. Tenant Upon request by Owner, Tenant will produce will cause Owner to be named as an additional insured satisfactory evidence that all Equipment installed at on such policy. the Site complies with federal regulations pertaining to radio-frequency radiation standards and is licensed 12.Interference. Tenant understands that it is the with the FCC, if applicable. Owner accepts intent of Owner to accommodate as many users as responsibility for the Site’s compliance with all tower or possible and that Owner may rent space to any other building marking and lighting regulations promulgated entity or person(s) desiring its facilities. Tenant shall by the Federal Aviation Administration “FAA” or the not cause, by its transmitter or other activities, including Federal Communications Commission “FCC,” as the addition of any equipment at a future date, applicable. Owner represents and warrants that the interference to Owner or other tenants that have Site complies with all applicable tower or building previously commenced rental payments. Tenant shall marking or lighting regulations promulgated by the provide Owner with a list of frequencies to be used at FAA or the FCC. Owner agrees that Tenant may the Site prior to putting said frequencies into operation. install, at Tenant’s sole cost and expense as required If interference occurs which involves Tenant, Owner for Tenant’s Equipment, a tower lighting alarm may require that an intermodulation study be conducted monitoring system (including, but not limited to, at Tenant’s cost. If Owner determines that the commercial power and a dedicated surveillance interference is the responsibility of Tenant, Owner will telephone line) to monitor the status of the notify Tenant and Tenant shall have five (5) business tower/building lighting. Owner shall be solely days from date of notice to correct the interference and responsible for reporting any lighting outages or if not corrected, Tenant shall cease, and Owner shall malfunctions to the appropriate governmental have all rights to any legal means necessary including authorities. Tenant’s installation of such tower/building injunctive relief and self-help remedies to cause Tenant lighting alarm monitoring system will not relieve Owner to cease transmission, except for intermittent testing for of its primary responsibility for compliance with all the purpose of correcting the interference. If applicable tower or building marking and lighting interference cannot be corrected within sixty (60) requirements. If Tenant installs a temporary generator calendar days from Tenant’s receipt of Owner’s notice, as described above or contracts with Owner to place then Owner may terminate this Agreement without a permanent generator at the Site, (i) Owner and further obligations to Tenant. Further, if Owner Tenant acknowledge that Tenant must comply with all determines that another tenant at the Site is causing applicable laws and regulations concerning the interference to Tenant and the interference is not installation, operation, maintenance and removal of corrected within sixty (60) days from Owner’s Tenant’s generator and/or back up power supply determination, and such interference precludes Tenant including but not limited to obtaining any and all from using the Site for its intended purpose, Tenant necessary government approvals and permits, and (ii) may terminate this Agreement. Owner will require Tenant agrees to indemnify, defend and hold harmless substantially similar interference language as outlined Owner for any and all costs, claims, administrative in this paragraph in all future Tenant Agreements orders, causes of action, fines and penalties which related to this Site. arise out of the installation, operation, maintenance 13.Utilities. Tenant will pay for all utilities used by it and removal of the generator and or back up power at the Site and Tenant will install its own electric meter. supply used solely by Tenant, and (iii) Upon request Tenant will be responsible directly to the appropriate of Owner, Tenant agrees to provide Owner with all utility companies for all utilities required for Tenant’s relevant information concerning the Tenant’s use of the Site. However, Owner agrees to cooperate generator and/or back up power supply necessary for with Tenant, at Tenant’s expense, in its efforts to obtain Other - ANTSITE 3-5-10 (Rev. 3.13.15)3Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 utilities from any location provided by the Owner or the from any third party to operate the telecommunications servicing utility. Temporary interruption in the power system facility, or if any such approval is canceled, provided by the facilities will not render Owner liable in expires, is withdrawn or terminated by such any respect for damages to either person or property governmental authority or third party following Tenant’s nor relieve Tenant from fulfillment of any covenant or diligent efforts to maintain such approval. agreement hereof. If any of Tenant’s communications 16.Default. If the Rent or other amount due hereunder Equipment fails because of loss of any electrical is not paid in accordance with the terms hereof, Tenant power, and the restoration of the electrical power is will pay interest on the past due amounts at the lesser within the reasonable control of Owner, Owner will use of (i) the rate of one and one-half percent (1.5%) per reasonable diligence to restore the electrical power month, or (ii) the maximum interest rate permitted by promptly, but will have no claim for damages on applicable law. If either party is in default under this account of an interruption in electrical service Agreement for a period of (a) ten (10) days following occasioned thereby or resulting therefrom. receipt of notice from the non-defaulting party with 14.Relocation Right. If determined necessary by respect to a default which may be cured solely by the Owner to relocate the tower, Owner will have the right payment of money, or (b) thirty (30) days following to relocate the telecommunications facility of Tenant, receipt of notice from the non-defaulting party with or any part thereof, to an alternate tower location respect to a default which may not be cured solely by (“Relocation Site”) on Owner’s property; provided, the payment of money, then, in either event, the non- however, that such relocation will (i) be at Tenant’s defaulting party may pursue any remedies available to sole cost and expense, (ii) not unreasonably result in it against the defaulting party under applicable law, any interruption of the communications service including, but not limited to, the right to terminate this provided by Tenant on Owner’s property, and (iii) not Agreement. Further, Owner may accelerate and impair, or in any manner alter, the quality of declare the entire unpaid Rent for the balance of the communications service provided by Tenant on and existing Term to be immediately due and payable from Owner’s property. Owner will exercise its forthwith. If the non-monetary default may not relocation right by delivering written notice to Tenant. reasonably be cured within a thirty (30) day period, this In the notice, Owner will propose an alternate site on Agreement may not be terminated if the defaulting party Owner’s property to which Tenant may relocate its commences action to cure the default within such thirty Equipment. Tenant will have sixty (60) days from the (30) day period and proceeds with due diligence to fully date it receives the notice to evaluate Owner’s cure the default. proposed Relocation Site, during which period Tenant 17.Taxes. Tenant shall pay all taxes, including, will have the right to conduct tests to determine the without limitation, sales, use and excise taxes, and all technological feasibility of the proposed Relocation fees, assessments and any other cost or expense now Site. Failure to respond in writing within the sixty (60) or hereafter imposed by any government authority in day period will be deemed an approval. If Tenant connection with Tenant’s payments to Owner, Tenant’s disapproves such Relocation Site, then Owner may Equipment or Tenant’s use of the Site. In addition, thereafter propose another Relocation Site by notice Tenant shall pay that portion, if any, of the personal to Tenant in the manner set forth above. Tenant’s property taxes or other taxes attributable to Tenant’s disapproval of a Relocation Site must be reasonable. Equipment. Tenant shall pay as additional rent any Tenant will have a period of ninety (90) days after increase in real estate taxes levied against the Site and completion of the Relocation Site to relocate its Tenant’s Equipment attributable to the Tenant’s use Equipment at Tenant’s expense to the Relocation Site. and occupancy of the Site. Payment shall be made by Owner and Tenant hereby agree that the Relocation Tenant within fifteen (15) days after presentation of Site (including the access and utility right-of-way) may receipted bill and/or assessment notice which is the be surveyed by a licensed surveyor at the sole cost of basis for the demand. Tenant, and such survey will then supplement Exhibit 18.Indemnity. Owner and Tenant each indemnifies A and become a part hereof. the other against and holds the other harmless from any 15.Termination by Tenant. Tenant may terminate and all costs (including reasonable attorneys’ fees and this Agreement at any time by notice to Owner without costs) and claims of liability or loss which arise out of further liability if (i) Owner fails to have proper the use and/or occupancy of the Site by the possession of the Site or authority to enter into this indemnifying party including, without limitation, any Agreement; or (ii) Tenant does not obtain, after making damage occurring outside of the Site in connection with diligent efforts, all permits or other approvals Tenant’s installation of Equipment. This indemnity does (collectively, “approval”) required from any not apply to any claims arising from the gross governmental authority or any easements required negligence or intentional misconduct of the indemnified Other - ANTSITE 3-5-10 (Rev. 3.13.15)4Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 party. Except for its own acts of gross negligence or of this Agreement, (unless caused solely by Owner’s intentional misconduct, Owner will have no liability for intentional misconduct or gross negligence). The terms any loss or damage due to personal injury or death, and conditions of this Section 21 shall survive the property damage, loss of revenues due to termination of this Lease. Owner acknowledges that discontinuance of operations at the Site, libel or Tenant may have certain emergency procedures that slander, or imperfect or unsatisfactory Tenant may desire to implement, including the communications experienced by the Tenant for any temporary location of a cell on wheels on the Site, in the reason whatsoever.event of a casualty. To the extent possible, Owner will cooperate with Tenant in Tenant’s implementation of its 19.Hazardous Substances. Owner represents that emergency responses as the same may exist from time it has no knowledge of any substance, chemical or to time. waste (collectively, “substance”) on the Site that is 22.Confidentiality. Tenant agrees not to discuss identified as hazardous, toxic or dangerous in any publicly, advertise, nor publish in any newspaper, applicable federal, state or local law or regulation. journal, periodical, magazine, or other form of mass Tenant or Owner will not introduce or use any such media, the terms or conditions of this Agreement or the substance on the Site in violation of any applicable underlying Ground Lease. Doing so shall constitute a law, or permit any discharge or release of such default under this Agreement immediately. It is substance on the Site. agreeable that Tenant will not discuss terms and 20.Liens. Tenant will not permit any mechanics, conditions with any parties not directly involved with this materialman’s or other liens to stand against the Site Agreement. Notwithstanding the foregoing, Owner for any labor or material furnished by Tenant in acknowledges and understands that the Tenant is a connection with work of any character performed on public agency that is subject to the Kentucky Open the Site by or at the direction of the Tenant. In the Records Act, KRS 61.870 et seq. and the Federal event that any notice of lien will be filed or given, Freedom of Information Act, 5 U.S.C. 552, and would Tenant will, within thirty (30) days after the date of filing be required to produce a copy of this Agreement if a cause the same to be released or discharged by either valid request is received. payment, deposit, or bond. Owner will be indemnified 23.Bankruptcy and Insolvency. Owner and Tenant by Tenant from and against any losses, damages, agree that this Agreement constitutes a lease of non- costs, expenses, fees or penalties suffered or incurred residential real property for the purposes of 11 U.S.C. by Owner on account of the filing of the claim or lien. § 365 (d) (4) or any such successor provision. 21.Casualty or Condemnation. In the event of any 24.Miscellaneous. (a) This Agreement applies to damage, destruction or condemnation of the Site, or and binds the heirs, successors, executors, any part thereof, not caused by Tenant that renders administrators and assigns of the parties to this the Site unusable or inoperable, Owner will have the Agreement; (b) This Agreement is governed by the right, but not the obligation, to provide an alternate laws of the State in which the Site is located; (c) If location, whether on the same Site or another Site, or requested by Tenant, Owner agrees to promptly to terminate this Agreement within thirty (30) days after execute and deliver to Tenant a recordable the damage, destruction or condemnation. If Owner Memorandum of this Agreement in the form of Exhibit does not terminate this Agreement: (i) the Rent C; (d) This Agreement (including the Exhibits) payable hereunder will be reduced or abated in constitutes the entire Agreement between the parties proportion to the actual reduction or abatement of use and supersedes all prior written and verbal agreements, of the Site by Tenant; and (ii) Owner will make any representations, promises or understandings between necessary repairs to the Site caused by the damage the parties, particularly related but not limited to or destruction and will be entitled to use any and all Tenant’s equipment rights on the tower and/or at the insurance proceeds to pay for any repairs. In the Site. Any amendments to this Agreement must be in event Owner has not proceeded to repair, replace or writing and executed by both parties; (e) If any rebuild the Site within sixty (60) days after the damage provision of this Agreement is invalid or unenforceable or destruction, after giving thirty (30) days written with respect to any party, the remainder of this notice and Owner’s failure to comply within that time Agreement or the application of such provision to frame, then Tenant may terminate this Agreement. persons other than those as to whom it is held invalid Owner will in no event be liable to Tenant for any or unenforceable, will not be affected and each damage to or loss of Tenant’s Equipment, or loss or provision of this Agreement will be valid and damage sustained by reason of any business enforceable to the fullest extent permitted by law; interruption suffered by reason of any condemnation, (f) The prevailing party in any action or proceeding in act of God, by Tenant’s act or omission, or Tenant’s court or mutually agreed upon arbitration proceeding to violation of any of the terms, covenants or conditions Other - ANTSITE 3-5-10 (Rev. 3.13.15)5Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 enforce the terms of this Agreement is entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party; (g) Failure or delay on the part of Tenant or Owner to exercise any right, power, or privilege hereunder will not operate as a waiver thereof; waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of the provision, or of a breach of any other provision of this Agreement; and (h) Tenant agrees and acknowledges that, in conjunction with other broadcast entities which may transmit from the Site, if necessary due to FCC RF emission standards and upon reasonable notice, Tenant shall reduce power or terminate station operations to prevent possible overexposure of worker to RF radiation. The following Addendum and Exhibits are attached to and made a part of this Agreement: Exhibit “A” (Site Description), “B” (Antenna and Equipment List), “C” (Memorandum of Antenna Site Agreement) and “D” (Minimum Installation, Occupancy…). Other - ANTSITE 3-5-10 (Rev. 3.13.15)6Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 TENANT: PADUCAH POLICE DEPARTMENT, a government entity By: Title: Tax ID:CT-73-100 Address: 510 Clark Street, 1400 Broadway Paducah, KY 42001 Date:/_______________________________________ Witness: _____________________________________ Printed Name: ________________________________ Witness: _____________________________________ Printed Name: OWNER: SBA TOWERS X, LLC, a Delaware limited liability company / By:Jason Silberstein, EVP – Site Leasing OR Alyssa Houlihan, VP – Site Leasing Tax ID:82-5146661 Address: 8051 Congress Avenue nd 2 Floor Boca Raton, FL 33487-1307 Date:/_______________________________________ Witness: _____________________________________ Printed Name: ________________________________ Witness: _____________________________________ Printed Name: Other - ANTSITE 3-5-10 (Rev. 3.13.15)7Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 ADDENDUM TO ANTENNA SITE AGREEMENT This addendum is annexed to and forms a part of a certain Antenna Site Agreement (the "Agreement”) dated by and between SBA TOWERS X, LLC (“Owner”) and PADUCAH POLICE DEPARTMENT (“Tenant”). IN THE EVENT THAT ANY OF THE TERMS AND CONDITIONS HEREINAFTER SET FORTH CONFLICT WITH THE TERMS AND CONDITIONS OF THE AGREEMENT TO WHICH IT IS ANNEXED, THE TERMS AND CONDITIONS OF THIS ADDENDUM SHALL GOVERN AND BE DEEMED TO AMEND CONFLICTING PROVISIONS OF SAID AGREEMENT. AS USED IN THIS ADDENDUM, ALL CAPITALIZED TERMS SHALL HAVE THE SAME DEFINITION AS IN THE AGREEMENT TO WHICH IT REFERS EXCEPT TO THE EXTENT SUCH DEFINITIONS ARE HEREIN AMENDED. Owner and Tenant hereby agree to the following additional or amended terms and conditions: 1. Owner and Tenant acknowledge that Owner shall perform or shall have performed a structural analysis on the tower with respect to Tenant’s installation of its Equipment as set forth in Exhibit B attached to this Agreement. 2. Tenant agrees that it shall be solely responsible for all costs associated with the structural analysis and foundation study, if deemed necessary. 3.In the event the tower or foundation shall need to be reinforced prior to the installation of Tenant’s Equipment, all modifications and/or reinforcement of or other work on the tower, foundation and the installation of Tenant’s Equipment on the tower will be at Tenant’s sole cost and expense and performed by Owner or one of its affiliates or subsidiaries. 4. Owner shall perform or shall have performed all such work in accordance with the structural analysis. 5.In the event a pre-construction passing structural analysis is received for the Equipment set forth on Exhibit B, Tenant shall not be responsible for any costs related to modifications or reinforcement of the tower and any reference above to such effect shall be deemed null and void. 6.SBA: FirstNet Provision Tenant may use the Equipment set forth in this Amendment in connection with FirstNet. Tenant’s use in connection with FirstNet may cause a reclassification of the tower at the Site to a Class III or Risk Category III-IV structure, as defined in ANSI/TIA-222-G or ANSI/TIA-222-H, or a governmental authority to require modifications to the tower (in each case, a “Structural Reclassification”). If the Equipment, its purpose, or its use so causes a Structural Reclassification, whether that Structural Reclassification occurs before or after the installation of the Equipment, Tenant shall reimburse Owner for the reasonable costs and expenses incurred by Owner for any modifications required, at the time of and because of the Structural Reclassification, to bring the tower into compliance with ANSI/TIA- 222-G or ANSI/TIA-222-H, as applicable, or a governmental authority’s requirement (the “Structural Modifications”), unless Owner and Tenant otherwise mutually agree on an alternative path forward in advance of installation of the Equipment. Tenant shall reimburse Owner for these costs and expenses within thirty (30) days of receiving an invoice for them. Upon paying these costs and expenses for the Structural Modifications, Tenant will not owe any further costs and expenses related to the Structural Reclassification. Owner understands and acknowledges that Tenant may not be the exclusive cause of a Structural Reclassification. If a person or an entity other than Tenant contributes to a Structural Reclassification requiring Structural Modifications, Owner and Tenant shall work together in good faith to ensure that Tenant pays only its pro rata share of the costs and expenses of those Structural Modifications. Other - ANTSITE 3-5-10 (Rev. 3.13.15)8Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 Further, in the event that Tenant provides Owner with inaccurate information regarding the Equipment, its purpose, or its use, in connection with FirstNet, Tenant shall indemnify Owner against and hold Owner harmless from any and all costs (including reasonable attorneys’ fees and costs) and claims of liability or loss that result from that inaccurate information. These costs include but are not limited to costs, liability, or loss arising or resulting from Structural Modifications required because of a Structural Reclassification caused by the Equipment, its purpose, or its use. In no event shall Owner’s or Tenant’s agreement to the terms of this Amendment be deemed to be a waiver or modification of any provisions contained in the underlying Agreement with regard to any additional or future exercise by Tenant or Owner of their respective rights under the Agreement, including but not limited to provisions of the Agreement, if any, that limit or restrict Tenant’s right to (i) utilize, add or change frequencies, (ii) sublet, sublease or sublicense all or any portion of the Site, (iii) assign or transfer the Agreement, or (iv) modify, supplement, add, substitute, replace or change the Equipment at the Site. Except as amended by the Addendum to the Agreement, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. TENANT:PADUCAH POLICE DEPARTMENT Name: Title: OWNER:SBA TOWERS X, LLC Name:Jason Silberstein, EVP – Site Leasing OR Alyssa Houlihan, VP – Site Leasing Other - ANTSITE 3-5-10 (Rev. 3.13.15)9Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 EXHIBIT A SITE DESCRIPTION Site located at:672 Sheehan Bridge Road, situated in the City of Paducah, County of McCracken, Commonwealth of Kentucky 42003 Legal Description: Latitude: 36° 59' 56.08"Longitude: -88° 32' 16.25" Other - ANTSITE 3-5-10 (Rev. 3.13.15)10Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 Other - ANTSITE 3-5-10 (Rev. 3.13.15)11Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 Other - ANTSITE 3-5-10 (Rev. 3.13.15)12Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 EXHIBIT C MEMORANDUM OF ANTENNA SITE AGREEMENT Other - ANTSITE 3-5-10 (Rev. 3.13.15)13Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 NOTNOTNOTFORFORFOREXECUTIONEXECUTIONEXECUTIONEXECUTIONEXECUTIONEXECUTIONEXECUTIONEXECUTIONEXECUTION After recording return to: COMMONWEALTH OF KENTUCKY COUNTY OF MCCRACKEN MEMORANDUM OF ANTENNA SITE AGREEMENT This memorandum evidences that a lease was made and entered into by written ANTENNA SITE AGREEMENT dated ____________, 20__, between SBA TOWERS X, LLC, a Delaware limited liability company “Owner” and PADUCAH POLICE DEPARTMENT, “Tenant”, the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to Tenant a ground space area which is described in Exhibit A attached hereto consisting of approximately 288 square feet at that certain site “Site” located at 672 Sheehan Bridge Road, City of Paducah, County of McCracken, Commonwealth of Kentucky 42003, within the property of or under the control of Owner, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of ten (10) years commencing on ________________, which term is subject to four (4) additional five (5) year extension periods by Tenant. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. TENANT: PADUCAH POLICE DEPARTMENT ____________________________ /SIGNER3/Witness:__________________________ By: Title: Print Name:_______________________ Fed Tax ID:CT-73-100 Address: 510 Clark Street, 1400 Broadway Witness:__________________________ Paducah, KY 42001 Date: ______________________/SIGNER3_DATE/Print Name:_______________________ Other - ANTSITE 3-5-10 (Rev. 3.13.15)14Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 MEMORANDUM OF ANTENNA SITE AGREEMENT CONTINUED TENANT NOTARY BLOCK: STATE OF _____________________________COUNTY OF ____________________________ The foregoing instrument was acknowledged before me this _____ day of ________________, 20__, by __________________________________, _______________ of Paducah Police Department, who is personally known to me or produced ____________________ as identification. NOTARIAL SEAL (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF ______________ My commission expires:(NAME OF NOTARY) ___________________COMMISSION NUMBER: __________________ OWNER:SBA TOWERS X, LLC, a Delaware limited liability company _______________________Witness:______________________________ /SIGNER1/ By:Jason Silberstein Title:Executive Vice President, Site LeasingPrint Name:____________________________ Fed Tax ID: 82-5146661 Address: 8051 Congress Avenue 2nd Floor Witness:______________________________ Boca Raton, FL 33487-1307 Print Name:_____________________________ Date: /SIGNER1_DATE/ OWNER NOTARY BLOCK: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me by means of \[ \] physical presence or \[ \] online notarization, this ___ day of _____________, 20__ by Jason Silberstein as Executive Vice President, Site Leasing of SBA Towers X, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or produced ____________ as identification and did not take an oath. Notary: \[NOTARIAL SEAL\] Print Name: ________________________________ NOTARY PUBLIC, STATE OF FLORIDA My commission expires ________________ Other - ANTSITE 3-5-10 (Rev. 3.13.15)15Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 EXHIBIT D MINIMUM SITE INSTALLATION, OCCUPANCY AND MAINTENANCE REQUIREMENTS AND SPECIFICATIONS 1.Pre-Installation Standards Prior to installation, Tenant must provide Owner with complete plans for approval, including list of proposed Equipment and subcontractors. No work may be performed until written (NTP) approval has been given and all criteria have been met. All Equipment must be placed in approved locations only, and Owner must approve any changes before the installation begins including, but not limited to mount models, antenna and radio models; transmission line quantity, weight, size and placement; base station equipment layout. The Owner or its representative shall have the right to be on site during any work on the Site. Owner to provide price quote for installation services based on Tenant’s scope of work. Safety Requirements: All Contractors must be familiar with SBA specific Safety Policies and Procedures. In an event there are any incidents occurred during construction, such events must be reported to Owner immediately. 2.Installation (a)All antenna, power and phone cables will be routed and properly supported to the base station in a neat manner using routes provided for that purpose. All wiring and installation will be by means of clamping or strapping and in no event will any members or other parts of the tower be drilled, welded, punched or otherwise mutilated or altered. (b)All Tenants are to obtain power from the power panel and/or AC receptacle provided for their specific use. (c)All outside RF equipment cabinets must be grounded to the Site ground system using #2 solid tinned wire with cadweld, silver solder connections, or 2 hole lugs with Burndy type compression fittings. All external ground leads connecting to the site ground system shall be enclosed in a ½” non-metallic liquid-tight conduit. All inside RF equipment cabinets must be grounded to the Site ground system using #2, or #6 green jacketed stranded wire with silver solder connections, or 2 hole lugs with Burndy type compression fittings. (d)All antenna lines will be electrically bonded to the tower at the antenna and at the bottom of the tower using grounding kits installed per manufacturer specifications and all antenna brackets must be pre-approved. (e)All equipment cabinets will be identified with a UV-rated placard on which the Tenant’s name, address, 24 hour phone number, call sign, and frequencies will be inscribed, in addition to a copy of Tenant’s FCC license. (f)All ferrous metals located outside of the building or on the tower will be either stainless steel or hot dipped galvanized, not zinc plated. All hardware must be installed according to the manufacturer’s installation instructions and have locking hardware installed. Painted towers will require the painting of feedlines by the Tenant, unless installed by Owner, prior to or before completion of the install. (g)All transmission lines are to be secured with factory hoist grips every 150’, or as recommended by the manufacturer and secured to the tower or cable ladder with stainless steel and/or hot dipped galvanized hardware. Plastic tie wraps and/or bandit type hangers will not be accepted. Beam clamps or angle adapters shall never be utilized to anchor hoisting grips. Instead, all hoisting grips shall be secured to a tower structural member via galvanized pinned shackles attached directly to the grip and a tower structural member. If a designated anchorage location is not available, a length of a load rated hot dipped galvanized chain shall be used. Shackles and chains shall be capable of supporting a minimum of 500 lbs. or the weight of the cable being supported, whichever is greater. (h)All transmission lines must be properly secured, and snap-ins installed at the time of the installation. Under no circumstances shall any transmission lines be free hanging or left unattended and must be immediately snapped-in. Other - ANTSITE 3-5-10 (Rev. 3.13.15)16Tenant Initials:____ Owner Initials:____ June 25, 2024 Site ID: KY22444-A-04Tenant Site ID:KY222444 Site Name: EV Clarks RiverTenant Site Name: SBA1297003 (i)All transmission lines must be routed as outlined in the Structural Analysis. Transmission lines may never be installed on tower legs and must utilize waveguide ladders. (j)All steel components must be in compliance of AWS D1.1, TIA/EIA 222 Latest Revision, ASTM A123, ASTM, A325, ASTM A36, ASTM A53, AISC Manual of Steel Construction 14TH Edition TIA-5053. a)Steel components being installed must match the steel manufacturer's make and model numbers which were approved in structural/mount analysis. b)All steel modifications to mounts or tower structure must be pre-approved and follow the structural/mount analysis. c)All sector frames and platforms should have a TIA-5053 Classification, and, if provided, plate or label must be installed. (k) Antenna centerlines shall be within +/- 6in from the steel manufacturer's allotted centerline requirements and in accordance to TIA-5053. Antennas shall never be cantilevered unless structural/mount analysis have been provided directing this type of installation. (l) All mechanical ground and power terminations shall have a thin layer of Sanchem “NO-OX-ID A-Special“ grease applied prior to termination for corrosion mitigation. No zinc-based (Noalox) No-Ox is permitted. (m) All conduit must be installed at a minimum depth of 30” or 5” below frost line. All ground ring systems must be installed at a minimum of 36”. Conduits shall be routed along the perimeter of site compound when possible with metal trace tape installed. All disturbed soil must be compacted with mechanical tempers to prevent sagging. 3. General - Tenant must comply with any applicable instructions regarding any Site security system. (a)Gates will remain closed at all times unless entering or exiting the premises. When leaving the site, ensure that all gates are locked and, if there is a security system, it is armed. (b)Any tower elevator may be used only after receiving proper instruction on its use, signing a waiver and receiving authorization from the Owner. (c)This Agreement does not guarantee parking space. If space is available, park only in the designated areas. Do not park so as to block any ingress or egress except as may be necessary to load or unload equipment. Parking is for temporary use while working at the Site. (d)Do not adjust or tamper with thermostats or HVAC systems. (e)Access to the shelter roof is restricted to authorized maintenance personnel. (f)All Contractors and site visitors must contact SBA NOC upon entering the site (g)Contractors shall not affect existing Safety climb systems without notifying Owner. It will be Contractor’s responsibility to correct any trapped or damaged Safety climb systems. (h) Lighting systems shall never be obstructed. Contact quality@sbasite.com or asksafety@sbasite.com for questions regarding SBA Quality/Safety. Other - ANTSITE 3-5-10 (Rev. 3.13.15)17Tenant Initials:____ Owner Initials:____ June 25, 2024 Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Approve Section 8 Housing Choice Voucher Program FY25 Budget - LASICA McEWEN Category: Ordinance Staff Work By: Lasica McEwen Presentation By: Lasica McEwen Background Information: Pursuant to 24 CFR § 990.315 the Section 8 Housing Choice Voucher Program is required to submit approval of its annual operating budget to the US Department of Housing and Urban Development (HUD). The City Commission is the approving authority for the Section 8 budget. This action approves the annual operation budget for the Section 8 Housing Choice Voucher Program for Fiscal Year 2025 as attached. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD Section 8 Budget FY 24-25 2. Resolution 892-24 Section 8 (003) Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Approve an Amendment to Ordinance 2019-11-8600 to Add an IVR Service for optional Credit Card and ACH Payments - S. MILLAY & E. SHAW Category: Ordinance Staff Work By: Stephanie Millay, Emma Shaw Presentation By: Stephanie Millay , Emma Shaw Background Information: The City of Paducah implemented Tyler Payments in April 2024 for credit card and ACH payments which gave Finance the option to offer IVR services. This is a feature where citizens can call an 888 number and pay their bill over the phone with card/check. Services will be offered in English and Spanish and accommodate real estate and tangible property tax bills. Tyler Payments reserves the right to change fees with a 30-day notice so we are requesting fee approval to not exceed $1.50 limit per transaction. IVR fees are in addition to the e-check and card processing fees. Current fees for use of this service are $0.50 per transaction. This action amends Ordinance No. 2019-11-8600 to add the IVR service fee in an amount not to exceed $1.50 per transaction. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Operations Efficiencies – By implementing this payment feature citizens have the capability to pay their bill over the phone which frees up Revenue staff by decreasing data entry time. Revenue Equity - This work time can be reallocated towards compliance, audit, and enforcement of occupational licenses. Communications Plan: IVR phone numbers and payment instructions will be printed on the 2024 bills. In addition, we will ask Pam to include this feature in her tax bill media release. Account Name: Funds Available: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD Credit Card Fee Implementation - IVR Fees 2024 2. 2019-11-8600 ORDINANCE NO.2024-_____-________ ENTITLED, AN ORDINANCE AMENDING ORDINANCE NO. 2019-11-8600 ORDINANCE OF THE CITY OF PADUCAH AUTHORIZING THE CITY MANAGER AND FINANCING DIRECTOR TO IMPLEMENT SERVICE FEES FOR THE ACCEPTANCE OF CREDIT CARD, DEBIT CARD, AND E- CHECK PAYMENTS BY THE CI OPTIONAL INTERACTIVE VOICE RESPONSE (IVR) SERVICE WITH ASSOCIATED FEES WHEREAS, the City of Paducah has a duty to collect payments from members of the public for various services and fees; and WHEREAS, in order to provide a convenience to members of the public, the City of Paducah accepts payments by credit card, debit card, and e-check; and WHEREAS, it is appropriate to establish and implement policies for the acceptance of these payment methods by the City; and WHEREAS, the City of Paducah now wishes to offer an IVR Service to allow citizens to call an 888 number and pay their bill over the phone with card/check; and WHEREAS, in order to implement the Interactive Voice Response (IVR) Service, the City must authorize the establishment of IVR fees. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1: Service Fees. The City of Paducah hereby authorizes the City Manager and the City Finance Director to establish and implement a credit card and debit card service fee not to exceed four percent (4%) and an e-check processing f such payment forms. Section 2: IVR Service Fees. The City of Paducah hereby authorizes the City Manager and the City Finance Director to establish and implement an Interactive Voice Response (IVR) fee not to Section 3 \[2\]. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 4 \[3\]. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 5 \[4\]. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section 6 \[5\]. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _________________________________ MAYOR ATTEST: ___________________________________ City Clerk Introduced by the Board of Commissioners, July 9, 2024 Adopted by the Board of Commissioners, ____________________ Recorded by City Clerk, ____________________________ Published by The Paducah Sun, ______________________ Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Authorize a Natural Gas Franchise Agreement between the City of Paducah and Atmos Energy - L. PARISH Category: Ordinance Staff Work By: Michelle Smolen, Lindsay Parish Presentation By: Michelle Smolen, Lindsay Parish Background Information: The Constitution of the Commonwealth of Kentucky, Sections 163 and 164, and Chapter 96 of KRS authorize cities to require public utilities, including providers of natural gas, to operate under franchise agreements and to grant them the right to use public right-of-way upon certain terms. On February 27, 2024, the City Commission passed ordinance 2024-02-8804 authorizing a natural gas franchise to be created in the City of Paducah. On March 22, 2024, the City of Paducah ran an advertisement the local newspaper requesting proposals for a non-exclusive natural gas franchise. On May 21, 2024, the City opened one proposal from Atmos Energy. After review, City staff is recommending approval of the natural gas franchise. This action approves a 20-year non-exclusive natural gas franchise with Atmos Energy in accordance with the City's Natural Gas Franchise Ordinance. The franchise is granted in consideration of a sum equal to two percent (2%) of the franchisee's revenues. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: N/A Account Name: Funds Available: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD Atmos Energy Franchise Ordinance & Agreement 2. Bid Documents - Atmos Energy Agenda Action Form Paducah City Commission Meeting Date: July 9, 2024 Short Title: Approve the closing of 78,335 Square Feet Between 2600 & 2621 Husbands Road and 2730 Husbands Road and 2585 John Puryear Dr and 185,805 Square Feet Between 2600 & 2630 John Puryear Drive and the City of Paducah’s Floodwall Levee - M. TOWNSEND Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Melanie Townsend Background Information: The following property owners have submitted a request to close: 78,335 Square Feet Between 2600 & 2621 Husbands Road and 2730 Husbands Road and 2585 John Puryear Dr and 185,805 Square Feet Between 2600 & 2630 John Puryear Drive and the City of Paducah’s Floodwall Levee. Sheila Lutz David & Donna Henson Michael & Sonia Gonzalez Langevin Dewey & Georgia Gough Stanley & Cindy McDonald Bill Wurtman This property is located solely within McCracken County and no longer serves as access to the City of Paducah’s Floodwall Levee. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closure of 78,335 Square Feet Between 2600 & 2621 Husbands Road and 2730 Husbands Road and 2585 John Puryear Dr and 185,805 Square Feet Between 2600 & 2630 John Puryear Drive and the City of Paducah’s Floodwall Levee and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. Attachments: 1. ORD - Husbands Road and John Puryear Drive - Floodwall Levee 2. FW ROW_Husbands Rd_John Puryear_final plat 3. FW ROW_Husbands Rd_John Puryear_application ORDINANCE NO. 2024-____-___________ AN ORDINANCE PROVIDING FOR THE CLOSING OF 78,335 SQUARE FEET BETWEEN 2600 & 2621 HUSBANDS ROAD, 2730 HUSBANDS ROAD AND 2585 JOHN PURYEAR DRIVE AND 185,805 SQUARE FEET BETWEEN2600 AND 2630 JOHN PURYEAR DRIVE AND THE CITY OF PADUCAH’S FLOODWALL LEVEE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closure of 78,335 Square Feet between 2600 & 2621 Husbands Road, 2730 Husbands Road and 2585 John Puryear Drive and 185,805 Square Feet between 2600 and 2630 John Puryear Drive as follows: LEGAL DESCRIPTION OF TRACT 1 (0.88 ACRES) Lying between Husbands Road and John Puryear Drive and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing ½” rebar with cap in the Easterly right-of-way line of Husbands Road (25 feet from the centerline thereof) at the Southwesterly corner of the City of Paducah, Kentucky property per Deed Book 200, page 194, said point being square to a point in the centerline of said Husbands Road that is 973.84 feet as measured Southwestwardly along said centerline from its intersection with the centerline of Spann Lane; THENCE FROM SAID POINT OF BEGINNING N 16°11’15” E with the Easterly right-of-way line of said Husbands Road 60.07 feet to a ½” rebar with cap 3861 set at a new property corner; thence S 71°20’43” E on a new division line 650.89 feet to a ½” rebar with cap 3861 set at a new property corner in the Westerly right-of-way line of John Puryear Drive; thence Southwestwardly with the Westerly right-of-way line of said John Puryear Drive for the following 2 calls: S 46°52’17” W 23.18 feet to a ½” rebar with cap 3861 set; and S 33°44’ 39” W 41.00 feet to a ½” rebar with cap 3861 set at its intersection with the aforesaid Southerly line of the City of Paducah, Kentucky per Deed Book 200, page 194; thence N 71°20’43” W with the Southerly line of said City of Paducah, Kentucky property 626.67 feet to the Point of Beginning and containing 0.88 Acres. LEGAL DESCRIPTION OF TRACT 2 (0.39 ACRES) Lying on the Easterly side of Husbands Road and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a ½” rebar with cap 3861 set in the Easterly right-of-way line of Husbands Road (25 feet from the centerline thereof) at the Northwestwardly corner of the City of Paducah, Kentucky property per Deed Book 200, page 194, said point being square to a point in the centerline of said Husbands Road that is 853.7 feet as measured Southwestwardly along said centerline from its intersection with the centerline of Spann Lane; THENCE FROM SAID POINT OF BEGINNING S 71°20’43” E with the Northerly line of said City of Paducah, Kentucky property and the Southerly line of the Stanley and Cindy McDonald property per Deed Book 976, page 569 a distance of 285.61 feet to a ½” rebar with cap 3861 set at the Southeasterly corner of said McDonald property ; thence on a new division line S 18°39’17” W 60.02 feet to a ½” rebar with cap 3861 set at a new property corner; thence N 71°20’43” W on a new division line 283.02 feet to a ½” rebar with cap 3861 set at a new property corner in the Easterly right-of-way line of aforesaid Husbands Road ; thence N 16°11’15” E with the Easterly right-of-way line of said Husbands Road 60.07 feet to the Point of Beginning containing 0.39 Acres. LEGAL DESCRIPTION OF TRACT 3 (0.07 ACRES) Lying between Husbands Road and John Puryear Drive and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing ½” rebar with cap 1955 in the Northerly line of the City of Paducah, Kentucky property per Deed Book 200, page 194 at its intersection with the Southeasterly corner of the Dewey and Georgia Gough property per Deed Book 726, page 166 and Plat Section “J”, page 1059, said point being N 71°20’43” W as measured along the Northerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 a distance of 346.11 feet from its intersection with the Westerly right-of-way line of John Puryear Drive; THENCE FROM SAID POINT OF BEGINNING S 18°39’17” W on a new division line 60.02 feet to a ½” rebar with cap set at a new property corner; thence N 71°20’43” W on a new division line 53.96 feet to a ½” rebar with cap 3861 set a a new property corner; thence N 18°39’17” E on a new division line 60.02 feet to a ½” rebar with cap 3861 set in the Northerly line of aforesaid City of Paducah, Kentucky property per Deed Book 200, page 194 at a corner in the Southerly line of aforesaid Gough property per Deed Book 726, page 166 and Plat Section “J”, page 1059; thence S 71°20’43” E with the Northerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and the Southerly line of said Gough property per Deed Book 726, page 166 and Plat Section “J”, page 1059 a distance of 53.96 feet to the Point of beginning and containing 0.07 Acres. LEGAL DESCRIPTION OF TRACT 4 (0.45 ACRES) Lying on the Westerly side John Puryear Drive (Kentucky Highway 1954) and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a ½” rebar with cap 3861 set in the Westerly right-of-way line of John Puryear Drive at its intersection with the Northerly line of the City of Paducah, Kentucky property per Deed Book 200, page 194, said point also being at the Southeasterly corner of Tract 1 per Plat Section “K”, page 1756; THENCE FROM SAID POINT OF BEGINNNG S 46°52’17” W with the Westerly right-of-way line of said John Puryear Drive 68.11 feet to a ½” rebar with cap 3861 set at a new property corner; thence N 71°20’43” W on a new division line 313.91 feet to a ½” rebar with cap 3861 set at a new property corner; thence N 18°39’17” E on a new division line 60.02 feet to an existing ½” rebar with cap 1955 at a point in the Northerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and a corner in the Southerly line of the Amy and Kent Nealis property per Deed Book 1469, page 5 and Tract 1 per Plat Section “K”, page 1756; thence S 71°20’43” E with the Northerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and the Southerly line of said Nealis property per Deed Book 1469, page 5 and Tract 1 per Plat Section “K”, Page 1756 a distance of 346.11 feet to the point of beginning and containing 0.45 Acres. LEGAL DESCRIPTION OF TRACT 5 (2.11 ACRES) Lying on the Easterly side John Puryear Drive (Kentucky Highway 1954) and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerksoffice, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing ½” rebar with cap 1955 in the Easterly right-of-way line of John Puryear Drive at its intersection with the Northerly line of the City of Paducah, Kentucky property per Deed Book 200, page 194 and also being at the Southwesterly corner of the Shelia Lutz property per Deed Book 939, page 263 and Tract II per Plat Section “K”, page 1756; THENCE FROM SAID POINT OF BEGINNING S 71°20’43” E with the Northerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and the Southerly line of said Lutz property per Deed Book 939, page 263 and Tract II per Plat Section “K”, page 1736 a distance of 1518.07 feet to a ½” rebar with cap 3861 set at the Northeasterly corner of said City of Paducah, Kentucky property and the Southeasterly corner of said Lutz property and also being in the Westerly line of the Paducah-McCracken Joint Sewer Agency property per Deed Book 987, page 587 and Plat Section “L”, page 858; thence S 16°46’00” W with the Easterly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and Westerly line of said Paducah-McCracken Joint Sewer Agency property per Deed Book 987, page 587 and Tract 7 to Plat Section “L” page 858 a distance of 60.05 feet to a ½” rebar with cap 3861 set at a new property corner; thence N 71°20’43” W on a new division line 1,546.99 feet to a ½” rebar with cap 3861 set at a new corner in the Easterly right-of-way line of aforesaid John Puryear Drive; thence Northeastwardly with the Easterly right-of-way line of said John Puryear Drive for the following 2 calls: N 46°33’09” E 9.88 feet to a ½” rebar with cap 3861 set; and N 42°10’00” E 55.93 feet to the Point of Beginning and containing 2.11 Acres. LEGAL DESCRIPTION OF TRACT 6 (2.15 ACRES) Lying on the Easterly side of John Puryear Drive (Kentucky Highway 1954) and being part of the City of Paducah, Kentucky property recorded in Deed Book 200, page 194, McCracken County Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a ½” rebar with cap 3861 set in the Easterly right-of-way line of John Puryear Drive at its intersection with the Southerly line of the City of Paducah, Kentucky property per Deed Book 200, page 194, said point also being at the Northwesterly corner of the David and Donna Henson and Shelia Lutz property per Deed Book 939, page 629; THENCE FROM SAID POINT OF BEGINNING Northeasterly with the Easterly right-of-way line of said John Puryear Drive for the following 2 calls N 60°48’13” E 5.53 feet to a ½” rebar with cap 3861 set; and N 46°33’09” E 63.26 feet to a ½” rebar with cap 3861 set at a new property corner; thence S 71°20’43” E on a new division line 1,546.99 feet to a ½” rebar with cap 3861 set at a new property corner in the Easterly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and the Westerly line of the Paducah-McCracken Joint Sewer Agency per Deed Book 987, page 587 and Tract 7 to Plat Section “L”, page 858; thence S 16°46’00” W with the Easterly line of said City of Paducah, Kentucky property and Westerly line of said Paducah-McCracken Joint Sewer Agency property 60.04 feet to an existing ½” rebar with cap 3449 at the Southeasterly corner of said City of Paducah, Kentucky property and Northeasterly corner of aforesaid David and Donna Henson and Shelia Lutz property per Deed Book 939, page 629; thence N 71°20’43” W with the Southerly line of said City of Paducah, Kentucky property per Deed Book 200, page 194 and Northerly line of said Henson and Lutz property per Deed Book 939, page 629 a distance of 1,582.28 feet to the Point of Beginning and containing 2.15 Acres. SECTION 2. The City of Paducah is the sole property owner,andrequestsfor closure of 78,335 Square Feet Between 2600 & 2621 Husbands Road, 2730 Husbands Road And 2585 John Puryear Drive And 185,805 Square Feet Between2600 And 2630 John Puryear Drive. This property is located solely within McCracken County and no longer serves as access to the City of Paducah’s Floodwall Levee. Sheila Lutz, David and Donna Henson, Michael and Sonia Gonzalez Langevin, Dewey and Georgia Gough, Stanley and Cindy McDonald and Bill Wurtman, have submitted a request for this closure. Public Right-of-Way Closure Application is attached hereto and made part hereof as Exhibit “A”. SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as describedabove, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute the closure plat and all necessary documents to complete the transfer of property to the property owner in or abutting the public way to be closed to acquire title to that portion of the public way contiguous to the property now owned by said property owner up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street closing as authorized in Section 1 above. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ___________________________________ George Bray, Mayor ATTEST: ___________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 9, 2024 Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, City Clerk, ________________________ Published by The Paducah Sun, ____________________ \\ord\\eng\\st close\\Husbands Road and John Puryear Drive - Floodwall Levee CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. 2024-_____-_______ adopted by the Board of Commissioners of the City of Paducah at a meeting held on _________________________. ____________________________________ City Clerk