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 Fulton County
 Code of Ordinances
 Chapter 76. TELECOMMUNICATIONS
 Article II. FRANCHISES

  § 76-57. Cancellation of franchise.  

Latest version.

  • (a)

    In addition to any other provision for the cancellation of a franchise set out herein, the county may terminate a franchise in the event of the willful failure, refusal, or neglect by the grantee to do or comply with any material requirement or limitation contained herein, or any material rule or regulation of the board of commissioners or county manager subject to the procedures set forth in this section.

    (b)

    The county manager may make written demand that the grantee do or comply with any requirement, limitation, term, condition, rule, or regulation. If the failure, refusal, or neglect of the grantee continues for a period of 30 days following the written demand, the county manager may place his request for termination of the franchise upon the next regular meeting agenda of the board of commissioners. The county manager shall cause to be served upon the grantee at least ten days prior to the date of the meeting of the board of commissioners, a written notice of his intent to request termination, and the time and place of the meeting, notice of which shall be published by the county clerk at least once ten days before the meeting in a newspaper of general circulation within the county.

    (c)

    The board of commissioners shall consider the request of the county manager and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal, or neglect by the grantee was with just cause.

    (d)

    If the failure, refusal, or neglect by the grantee was with just cause, the board of commissioners shall direct the grantee to comply within such time and manner and upon any terms and conditions as are reasonable.

    (e)

    If the board of commissioners shall determine the failure, refusal, or neglect by the grantee without just cause, then the board of commissioners may, by resolution, declare that the franchise of the grantee shall be terminated and forfeited unless there be compliance by the grantee within any period as the board of commissioners may fix.

    (f)

    The termination and forfeiture of any franchise shall in no way affect any of the rights of the county under the franchise or any provision of law.

(Code 1983, § 33-4-27)