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11-13-17-R
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11-13-17-R
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28 <br /> <br />City may enforce its rights and seek any and all relief allowed under applicable law if Grantee is <br />adjudged a bankrupt. <br /> <br />2. Procedures for Revocation. <br /> <br />a. City shall provide Grantee with written notice of a cause for revocation <br />and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of <br />the notice in which to correct the violation or to provide adequate assurance of <br />performance in compliance with the Franchise. In the notice required herein, City shall <br />provide Grantee with the basis of the revocation. <br /> <br />b. Grantee shall be provided the right to a public hearing affording due <br />process before the City Council prior to the effective date of revocation, which public <br />hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City <br />shall provide Grantee with written notice of its decision together with written findings of <br />fact supplementing said decision. <br /> <br />c. Only after the public hearing and upon written notice of the determination <br />by City to revoke the Franchise may Grantee appeal said decision with an appropriate <br />state or federal court or agency. <br /> <br />d. During the appeal period, the Franchise shall remain in full force and <br />effect unless the term thereof sooner expires or unless continuation of the Franchise <br />would endanger the health, safety and welfare of any person or the public. <br /> <br />3. Abandonment of Service. Grantee may not abandon the System or any portion <br />thereof without having first given three (3) months written notice to City. Grantee may not <br />abandon the System or any portion thereof without compensating City for damages resulting <br />from the abandonment, including all costs incident to removal of the System. <br /> <br />4. Removal After Abandonment, Termination or Forfeiture. <br /> <br />a. In the event of termination or forfeiture of the Franchise or abandonment <br />of the System, City shall have the right to require Grantee to remove all or any portion of <br />the System from all Rights-of-Way and public property within City, unless Grantee is <br />offering other services (such as telecommunication services) over the System and has or <br />obtains the necessary authorizations to occupy the rights-of-way for such purposes. <br /> <br />b. If Grantee is not providing other lawful services over the System with the <br />necessary authorizations and has failed to commence removal of System, or such part <br />thereof as was designated by City, within thirty (30) days after written notice of City's <br />demand for removal is given, or if Grantee has failed to complete such removal within <br />twelve (12) months after written notice of City's demand for removal is given, City shall <br />have the right to apply funds secured by the Letter of Credit and Performance Bond <br />toward removal and/or declare all right, title, and interest to the System to be in City with
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