(a) The County does not have or expect in the foreseeable future to receive sufficient funds with which to defray the costs of administering and regulating cable communications franchises within the Yolo County community. The ability to finance such costs through franchise fees pursuant to the provisions of Section 11-1.1502 of this article constitutes a material inducement to initiate a cable communications program within the community, because the County would not 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 communications program.
(b) Therefore, should any future law or regulation limit or prevent the County from imposing a franchise fee in the amount provided for in this article, each grantee shall make a good faith effort to obtain any possible waiver or permission to pay the full amounts provided for in this article and, to the extent such future law or regulation permits a grantee discretion to make the limitation or prohibition applicable or inapplicable, each grantee shall elect to make the limitation or prohibition inapplicable.
(c) The failure of the County to receive the fees prescribed by Sections 11-1.1501 and 11-1.1502 of this article, and as otherwise permitted by law, shall be deemed to constitute a substantial and material failure to comply with the franchise documents. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 4, Ord. 965, eff. November 3, 1983)