HomeMy WebLinkAboutCity Council - 5743 RESOLUTION NO. 5743
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE INDEMNITY AGREEMENT
BETWEEN THE MEMBERS CITIES OF PCTA AND PCTA
WHEREAS, PCTA and Huntington Beach have adopted
Regulations , and the other parties hereto may adopt Regulations,
which govern the use of the municipal government channel
(hereinafter referred to as "Channel 6" ) which has been reserved
for municipal government use pursuant to the PCTA's Conditions of
Operation, Part I, Franchise Agreement for Construction and
Operation of a Community Antenna Television (CATV) System between
PCTA and the cable television operator ; and
WHEREAS, each of the parties hereto has, or may be
involved in activites relative to municipal government programming
for Channel 6 in accordance with the regulations which the parties
have, or may adopt regulating the use of Channel 6; and
WHEREAS, the parties have now determined that it is in
their best interests and is appropriate to enter into an agreement
by which the parties agree to hold each other harmless and to
indemnify each other from the risks, damages, and costs which each
may incur as result of activities connected to programming for
Channel 6.
WHEREAS, all activities performed in connection with
programming and use of Channel 6 by one of the parties hereto
shall be at the risk of that party exclusively. Each party, with
respect to activities performed in connection with programming and
use of Channel 6, shall indemnify and hold each of the other
parties, its City Council, officers, employees, and agents
harmless from and against all losses, expenses, damages,
attorneys ' fees, and other costs, including all costs of defense,
which any of them may incur with respect to any activity performed
in connection with the programming and use of Channel 6.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it hereby approve the Indemnity
Agreement attached hereto.
1 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of January , 1987 . Y'l
01 Id
4 W-%.Ijffff
ayor
ATTEST: APPROVED AS TO FORM:
01
City Clerk - City Attorney
REV EWE ND APPROVED:
City Vrministlfator
2.
TNDEMNTTY AGREEMENT
THIS AGREEMENT by and between, to be effective this
day of , 1986 , the CITY OF STANTON, a munici-
pal corporation (hereinafter "Stanton") , the CITY OF HUNTINGTON
BEACH, a municipal corporation (hereinafter "Huntington Beach") ,
the CITY OF FOUNTAIN VALLEY, a municipal corporation (hereinafter
"Fountain Valley") , the CITY OF WESTMINSTER, a municipal corpora-
tion (hereinafter "Westminster") , and PUBLIC CABLE TELEVISION
AUTHORITY, a joint powers agency composed of the aforementioned
parties (hereinafter "PCTA").
ItIT Nz .5 .5BTJU:
WHEREAS, PCTA and Huntington Beach have adopted Regulations,
and the other parties hereto may adopt Regulations, which govern
the use of the municipal government channel (hereinafter referred
to as "Channel 6") which has been reserved for municipal govern-
ment use pursuant to the PCTA's Conditions of Operation, Part I,
Franchise Agreement for Construction and Operation of a Community
Antenna Television (CATV) System between PCTA and the cable
television operator ; and
WHEREAS, each of the parties hereto has, or may be involved
in activities relative to municipal government programming for
Channel 6 in accordance with the regulations which the parties
have, or may adopt regulating the use of Channel 6; and
1
WHEREAS, the parties have now determined that it is in their
best interests and is appropriate to enter into an agreement by
which the parties agree to hold each other harmless and to indem-
nify each other from the risks, damages, and costs which each may
incur as result of activities connected to programming for Chan-
nel 6.
NOW, THEREFORE, the parties agree as follows:
All activities performed in connection with programming and
use of Channel 6 by one of the parties hereto shall be at the
risk of that party exclusively. Each party, with respect to
activities performed in connection with programming and use of
Channel 6, shall indemnify and hold each of the other parties,
its City Council, officers, employees, and agents harmless from
and against all losses, expenses, damages, attorneys' fees, and
other costs, including all costs of defense, which any of them
may incur with respect to any activity performed in connection
with the programming and use of Channel 6.
Dated : CITY OF STANTON
By
Mayor
ATTEST:
By
City Clerk
2
Dated: C NGT B CH
Mayor�--7
ATTEST: AP D S TO FORM
City Clerk City Attorney
Dated: CITY OF FOUNTAIN VALLEY
By
May or
ATTEST:
By
City Clerk
Dated: CITY OF WESTMINSTER
By
Mayor
ATTEST:
By
City Clerk
Dated: PUBLIC CABLE TELEVISION AUTHORITY
By
Executive Director
ATTEST:
Secretary
3
Dated : � � CIT O EACH
y
ATTEST: OVED AS TO FORM.
City Clerk City Attorney
Dated: CITY OF FOUNTAIN VALLEY
By
Mayor
ATTEST
!, By
City Clerk
Dated: CITY OF WESTMINSTER
By
Mayor
ATTEST
By
City Clerk
Dated : PUBLIC CABLE TELEVISION AUTHORITY
By
Executive Director
ATTEST
Secretary
3
Dated: i C Y OF Oft E)K
i
ATTEST: APPROVED A TO FORM:
City Clerk City Attorney
Dated: CITY OF FOUNTAIN VALLEY
By
Mayor
ATTEST
By
City Clerk
Dated: CITY OF WESTMINSTER
By
Mayor
ATTEST:
By
City Clerk
Dated: PUBLIC CABLE TELEVISION AUTHORITY
By
Executive Director
ATTEST:
Secretary
3
r
7
Dated: n CIT OF I N EA
yor
ATTEST: OVED AS 0 FORM:
Y City Attorney
City Clerk Y Y
Dated: CITY OF FOUNTAIN VALLEY
By
Mayor
ATTEST
B
Y
City Clerk
Dated: CITY OF WESTMINSTER
By
Mayor
ATTEST:
By
City Clerk
Dated: PUBLIC CABLE TELEVISION AUTHORITY
By
Executive Director
ATTEST
Secretary
3
Res. No. 5743
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of January 1987 by the following vote:
AYES: Councilmen:
Winchell , Mays, Finley, Kelly, Green, Bannister
NOES: Councilmen: .
None
ABSENT: Councilmen:
Erskine
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California