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HomeMy WebLinkAboutReso. 1989-134 - Amendment No. 1 to the public access agreement dated september 2, 1986 411 111 RESOLUTION NO. g 9'/..11-I il. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING 1! APPROVING AMENDMENT NO. 1 TO THE PUBLIC ACCESS AGREEMENT DATED SEPTEMBER 2 , 1986 , BETWEEN THE CITY OF REDDING AND VIACOM CABLEVISION, AND AUTHORIZING THE MAYOR TO SIGN SAME. I' IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Amendment No. 1 to the Public Access Agreement dated 1,; September 2 , 1986 , entered into between the City of Redding and Viacom Cablevision, a wholly-owned subsidiary of Viacom International, Inc. , amending Sections 2 , 3 , and 4 of the Agreement pertaining to when funding is to be provided and when budgets are prepared and adopted, a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Amendment No. 1 to Public I Access Agreement on behalf of the City Council of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official II' seal of the City of Redding on the aforesaid document, when appropriate. 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 18th day of April , 1989 , and was duly adopted at said meeting by the following vote: it AYES : COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen and Carter NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None / 6()a-1 --ekj SCOTT CARTER , Mayor City of Redding 1 ATTEST: FOR PPROVED: ETHEL A. NICHOLS , City Clerk R \ DALL A. HAYS , ity Attorney 411 . 410 PUBLIC ACCESS AGREEMENT (Amendment No. 1) THIS AGREEMENT, made and entered into this 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. " ii WHEREAS, Viacom and City entered into a Public Access Agreement on September 2, 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 provided and when budgets are prepared and adopted; II NOW, THEREFORE, the City and Viacom agree to the following amendments to the Public Access Agreement to read as follows: '.I li 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. The budget shall be approved pproved by the Redding City Council in the month of 1j June. Viacom shall assist in the budget preparation by estimating the i f projected franchise fee for the next fiscal year. 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 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 Y 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 . 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 1 year first above written. APPROVED AS TO FORM: CITY OF REDDING A Municipal Corporation By City Attorney Mayor Date: ATTEST: City Clerk (SEAL) Corporate Seal By President Date