Neither the county nor cities have or expect in the foreseeable future to receive sufficient funds with which to defray the costs of administering and regulating cable television franchises within the Sacramento community. The ability to finance such costs through franchise fees pursuant to the provisions of Sections 5.28.1520 and 5.28.1530 of this chapter, constitutes a material inducement to initiate a cable television program within the Sacramento community, because neither the county nor cities would be willing to reduce or eliminate other public programs in order to make public funds available with which to defray the costs of administering and regulating the cable television program.
Therefore, should any future law or regulation limit or prevent the cable television commission from imposing a franchise fee in the amount provided for herein, each franchisee shall cooperate with the cable television commission in filing and supporting a request to obtain any possible waiver or permission to pay the full amounts provided for herein, and, to the extent such future law or regulation permits a franchisee discretion to make the limitation or prohibition applicable or inapplicable, each franchisee shall elect to make the limitation or prohibition inapplicable.
Should any future law or regulation limit or prevent the franchisee from paying the minimum advance fee required by Section 5.28.1530 of this chapter, the franchisee, by the filing of the certificate of acceptance hereto, agrees to make a noninterest bearing loan to the commission annually in an amount equal to the amount by which a minimum advance payment calculated pursuant to the provisions of Section 5.20.1530 of this chapter which would have exceeded amounts reasonably anticipated to be due to the commission within the ensuing year pursuant to Section 5.28.1520 of this chapter, which loan shall be repaid in subsequent years to the extent that the amount paid as franchise fees by the franchisee pursuant to the provisions of Section 5.28.1520 of this chapter exceeds an amount equal to an amount which would have been paid as a minimum advance payment under Section 5.28.1530 of this chapter, in such subsequent years had such payments been permitted.
The failure of the commission to receive the fees or the loans prescribed by this article shall be deemed to constitute a substantial and material failure to comply with the franchise documents within the meaning of Section 5.28.210 of this chapter. (Prior code § 20.07.606)