HomeMy WebLinkAboutReso 92-196 - Approve & Authorize the mayor to execute amendment No. 2 of public access agreement entered into by & between COR & Viacom cablevission, A wholly-owned subsidiary of Viacom Intrntl, Inc RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
NO. 2 OF PUBLIC ACCESS AGREEMENT ENTERED INTO BY AND
BETWEEN THE CITY OF REDDING AND VIACOM CABLEVISION, A
WHOLLY-OWNED SUBSIDIARY OF VIACOM INTERNATIONAL, INC.
IT IS HEREBY RESOLVED by the City Council of the City of Redding
that the City of Redding enter into Amendment No. 2 to the Public
Access Agreement between the City of Redding and Viacom Cablevision,
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a true copy of which Amendment is attached hereto and incorporated
herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Amendment No. 2 and all
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other necessary documentation in connection therewith on behalf of
i the City of Redding; and that the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
I' official seal of the City of Redding thereto.
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I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 5th day of May 1992, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
AlST: FOR
PPROVED.
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CONNIE STROHMAYER, , ty Clerk R ALL A. HAYS, ty Attorney
PUBLIC ACCESS AGREEMENT
(Amendment No. 2)
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THIS AGREEMENT, made and entered into this day of 1992, at
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Redding, California, by and between the City of Redding, a municipal corporation
of the State of California, ("City"), and Viacom Cablevision, a wholly-owned
subsidiary of Viacom International , Inc. , hereinafter known as "Viacom."
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WHEREAS, Viacom and City entered into a Public Access Agreement on September 2,
1986, to staff and operate the public access channel ; and
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WHEREAS, Viacom and City amended Sections 2, 3, and 4 of the Agreement pertaining
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i to when funding is to be provided and when budgets are prepared and adopted, on
u April 18, 1989.
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WHEREAS, Viacom and City wish to amend Section 3 of the First Amendment to the
i Public Access Agreement to read as follows:
3. Upon receipt from Viacom of the quarterly payment pursuant to this
agreement, the City shall place within fifteen (15) days in the interest
II bearing account for the public access budget, an amount equal to the payment
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y received from Viacom for the Public Access channel .
The above amendment does not change any other provisions of the Public Access
Agreement or the First Amendment attached hereto as Exhibits A and B.
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IN WITNESS WHEREOF, City and Viacom have executed this Agreement the date and
I�I year first above written.
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'I APPROVED AS TO FORM: CITY OF REDDING
A Municipal Corporation
By
City Attorney Mayor
Date:
ATTEST:
City Clerk
(SEAL)
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Corporate Seal By
President Date
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• ETWIT A '
r PUBLIC ACCESS AGREEMENT
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THIS AGREEMENT, made and entered into this 2nd day of September, of 1986,
at a —
by and between the City of Redding,
a municipal corp ation of the State of California, ("City"), and Viacom
Cablevision, a wholly-owned subsidiary of Viacom International , Inc. ,
hereinafter known. as "Viacom".
WHEREAS, Viacom -and City have provided for a
feel said channel should be staffed and operated, public access channel and
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. ...WHEREAS, Viacom has voluntarily offered to provide a voluntary cash
contribution toward public access operating expenses if the City provides an
equal amount.
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WHEREAS, Viacom and City feel a well run public access channel is a
benefit to the community at large.
NOW, THEREFORE, the City and Viacom in order to support the public access
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channel agree to the following:
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1. During each year of the franchise, the City and Viacom shall provide
monetary support to the public access channel for personnel , expenses,
and supplies as follows:
a. City will provide up to 20 percent of the franchise fee paid to
the City by Viacom.
b• For every dollar
provided by the City, Viacom shall equally
provide one dollar of monetary support but not exceeding 20
percent of the franchise fee paid to the City.
2. In December of each year, the City or its designated nonprofit entity
used to administer the public access channel (s) shall develop a budget
for the following calendar year. The budget shall take into
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consideration the previous year's expenses and the projected outlays,
for the following year. The budget shall be approved by the Redding
City Council in the month of January. Viacom shall assist in the
budget g preparation by estimating the projected franchise fee for the
next calendary ear.
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3. In .February of each year, the City shall deposit in a special interest
bearing account its share of the public access budget and notify
Viacom of said deposit in writing. Any interest on said deposits
shall accrue to the public access channel . - Any money raised through
fund raising shall not reduce the amount of the agreed upon public
access funding,
'j 4. Within 30 days of receipt of said notice of the deposit by the City,
Viacom shall likewise deposit in the specially designated account an
amount equal to the amount previously deposited b
described in 1(b) above. Y the e City as
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5. This agreement is binding on both City and Viacom or its heirs or
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successors in interest during the 15-year term of the cable franchise
between the City and Viacom.
6. Any public access materials or equipment purchased as a product of
these funds shall be owned by the City of Redding or its designated
nonprofit administrator of the public access channel.
7. Neither Viacom nor City shall make any setoffs against the monetary
'! deposit. Deposits for any period during the term hereof which is less
0 than one year shall be a pro-rata
portion based_ on the quarterly
franchise fee payment.
8. Since Viacom's deposit is contingent upon City's deposit, Vi
acknowledges that late payment could cause public access- administrator
to incur costs not contemplated by this agreement, the exact amount f
which will be extremely difficult to calculate. o
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Accordingly, if any deposit from Viacom shall not be received by City
within ten days after such amount shall be due, Viacom shall. pay to
City a late charge equal to 5 percent of such overdue amount of SI00
whichever is greater. The parties hereby agree that such late char
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! represents a fair and reasonable estimate of the costs
public access
,i will incur by- reason of late deposit by Viacom.
9. If franchise fees are declared ' unconstitutional , otherwise
uncollectible, or reduced to less than 5 percent by any subsequent
action of the State, Federal Government, or Courts, Viacom agrees to
continue to match any payments made by the City to the public access
channel in an amount not more than 20 percent of a 5 percent franchise
fee that would otherwise be paid to the City.
i� 10. The City shall audit or cause to be audited the operation of the
public access channel to assure that the funds deposited pursuant to
i� this agreement are used for lawful expenditures. The audit cost shall
Cbe included in the annual public access budget.
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11. The " City has the right to assign these deposits to a designated
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nonprofit entity to administer and operate the public access channel
identified in the current franchise agreement between the City and
Viacom.
' 12. - This agreement may be terminated upon the mutual consent in writing of
both parties.
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13. In the event the franchise agreement between Viacom and the City is
terminated by the City pursuant to Section 6.40. 110 of the City Code,
a this agreement shall become null and void.
14. The effective date of this agreement is the effective data of the
franchise agreement between the City of Redding' and ViaCCm.
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IN WITNESS WHEREOF, City and Viacom have executed this Agreement the date
and year first above written.
APPROVED AS TO FORM:
CITY OF REDDING
A Municipal Corporation
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By
Ci y Attorney Mavor
Date:
ATTEST: 00
_ City Clerk
(SEAL).
1 C
Corporate Seal jesipent4Date
GENERAL ACKNOW' — —
i State of California
On this the 20th
County of Alameda SS day of September
Joan F. Ha 1986 before me,
{ Handy
the undersigned Nota,public,personall
Y appeared
John W. Goddard
OFFIC11L QE-AL
JOAN F I- Personally known to me
r:OTa�y r'.TL:c HANDY C proved to me on the basis of satisfactory
`a 1e n��'aFDn CCUVTy a Person(sj who rY evidence
PAY Comm. within se name(sj
e'olres CCT I �
WITNESS my
and acknowledged that is the
subscribed to
my hand and Officialhe
seal, eXecuted
it.
711011? ::,r�_� N otary's Signature
TAp
NATIONAL NOy+rr�r.r+ •rr r�.:�.�r..
ASSOCIATION. —'r,r�•�•�:+��
73012 Ventura Baro p
• BOX 4625•N'pOOILp CA .
' ' • HIBIT B
PUBLIC ACCESS AGREEMENT
(Amendment No. 1)
THIS AGREEMENT, made and entered into this LL day of ' 1989, at
Redding, California, by and between the City of Redding, a municipal
corporation of the State of California, ("City") , and Viacom Cablevision, a
wholly-owned subsidiary of Viacom International , Inc. , hereinafter known as
"Viacom."
WHEREAS, Viacom and City entered into a Public Access Agreement on September 2,
p 1986, to staff and operate the public access channel ; and
WHEREAS, Viacom and City wish to amend Sections 2, 3, and 4 of the Agreement
pertaining to when funding is to be
,i P 9 9 provided and when budgets are prepared and
i adopted;
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NOW, THEREFORE, the City and Viacom agree to the following amendments to the
Public Access Agreement to read as follows:
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!� 2. . In March of each year, the City or its designated nonprofit entity used to
administer the public access channel (s) shall develop a budget for the
following fiscal year. The budget shall take into consideration the
previous year's expenses and the projected outlays for the following year.
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The budget shall be approved by the Redding City Council in the month of
f June. Viacom shall assist in the budget preparation by estimating the
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projected franchise fee for the next fiscal year.
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3. In June of each year, the City shall deposit in a special interest bearing
i account its share of the public access budget and notify Viacom of said
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deposit in writing. Any interest on said deposits shall accrue to the
public access channel . Any money raised through fund raising shall not
reduce the amount of the agreed upon public access funding.
4. In conjunction with payment of the franchise fees made each quarter to the
City, Viacom shall provide an additional amount equal to 20 percent of the
franchise fee for the prior quarter to the City or the designated nonprofit
entity in order to provide the Viacom share of funding for the public
access channel .
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The above amendments do not change any other provisions of the Public Access
Agreement attached hereto as Exhibit A.
IN WITNESS WHEREOF, City and Viacom have executed this Agreement the date and
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year first above written.
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APPROVED AS TO FORM: CITY OF REDDING
A Municipal Corporation
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�. By
L%c
Cit Attorney Mayor
Date:
ATTEST: G
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i Clerk
(SEAL)
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Corporate Seal By
Pre dent Date
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3. In June of each year, the City shall deposit in a special interest bearing
account its share of the public access budget and notify Viacom of said
deposit in writing. Any interest on said deposit shall accrue to the
public access channel . Any money raised through fund raising shall not
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reduce the amount of the agreed upon public access funding.
4. In conjunction with payment of the franchise fees made each quarter to the
City, Viacom shall provide an additional amount equal to 20 percent of the
franchise fee for the prior quarter to the City or the designated nonprofit
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entity in order to provide the Viacom share of funding for the public
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access channel .
The above amendments do not change any other provisions of the Public Access
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h Agreement attached hereto as Exhibit A.
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IN WITNESS WHEREOF, Cit and Viacom have executed this
y greement the date and
year first above written.
APPROVED AS TO FORM: CITY OF REDDING
A Municipal Corpo ation
STATE OF CALIFORNIAOn
this. ,• ...
ss. :�,ln .0/!�!.. /L��a �'.�. nthe year.
���/�-
COUNTY OF.. /�, -
. .... ...............before me,
......
dulL................
. Notary Public,State of California
y commissio .
commissioned and'! sworn,personally appeared
...................................
... ..................
OFFICIAL SEAL ersonally known to me (or proved to me on the basis of satis... factory evidence( to be
JANE CRUZ he person.-:.whose name..(�.,.,
Notary Public-Cahfomia ..•......
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A1r.MEDA COUNTY ubscribed to this instrument, and acknowledged that . .=he. .—executed it.
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My Comm. Exp.Oct.5, 1990 IN WITNESS WHEREOF
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haveave hereunto set mL ffi
hand and axed my official seal
hereunto
!. .
.•.County of
`J ••.......on the date set forth above
in this certificate. / /
ft y d"Or"°OnOW b .aS ^W Y De po0°r fa u5°m sanDb transact"and m M
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arw aa«ate franaaC9pp. � Notary'Public,State of California
My commission expires/1•Ue�/ 16 ,1
Cowdery's Form No. 32—Acknowledgement to Notary Public—Individuals—(C.C. Sec. 1189)—(Rev. 1183)