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BILL NO. ~ ORDINANCE NO. Ja5 52-- AN ORDINANCE AMENDING THE GOVERNMENT SUPPORT PROVISIONS UNDER SECTION 6 OF CABLE TELEVISION FRANCHISE AGREEMENT ADOPTED BY ORDINANCE 6386 IN THE CITY OF UNIVERSITY CITY, MISSOURI. WHEREAS, on August 26, 2002, the City Council for the City of University City, Missouri, approved Ordinance 6386, a new Cable Television Franchise Agreement between the City and Charter Communications Entertainment I, LLC d/b/a Charter Communications (hereinafter referred to as the "Franchisee"), and; WHEREAS, under Section 6 of the Agreement, the Franchisee may be required to provide government programming support in a manner as required under Section 6( c) of the Agreement, and; WHEREAS, both the City and Franchisee agree that the current language under Section 6 (c) of the Agreement does not meet the intent of the City's government programming support needs, as was mutually intended between the City and the Franchisee with the passage of Ordinance 6386, and; WHEREAS, based on the written request by the Franchisee and evidence provided by them, the Council believes that amending the provisions under Section 6 of the Agreement is reasonable and will best serve the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: Section 1. Section 6 (Channels and Facilities for Public, Educational and Governmental Use), Subsection (c) of the Agreement is hereby amended entirely so that it shall hereafter read as follows: c. Governmental Programming Support: Starting within 90 days of written request by the City, Franchisee shall provide the City with grants of 10 cents ($.10) per subscriber per month within the Franchise Area payable after such start date, to be used in the City's discretion for capital and other lawful educational and government access purposes. Provided the City enters into a cooperative agreement with other franchising authorities whose areas served by the Franchisee, which provides for use of the aforesaid grants for the aforesaid purposes, Franchisee shall also provide the City with an additional one-time grant of $6,000 together with the next annual grant due after entry into such cooperative agreement, to be used under the terms of the cooperating agreement solely for capital and other lawful government and educational access purposes. Franchisee's obligation to make such grants shall be contingent upon the City committing to match such grants with equal funds in a special account for such purposes and representing that all previous grants and matching funds have been expended for such purposes no later than 60 days after each annual due date. On request, the City shall document such