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<br />. assurance of performance in compliance with tl1e Franchise. In the notice <br /> required herein, City shall provide Grantee with the basis of the revocation. <br /> b. Grantee shall be provided tl1e right to a public hearing affording due <br /> process before the City Council prior to the effective date of revocation, <br /> which public hearing shall follow the thirty (30) day notice provided in <br /> subparagraph (a) above. City shall provide Grantee with written notice of <br /> its decision together with written findings of fact supplementing said <br /> decision. <br /> c. Only after the public hearing and upon written notice of the determination <br /> by City to revoke tl1e Franchise may Grantee appeal said decision witl1 an <br /> appropriate state or federal court or agency. <br /> d. During the appeal period, the Franchise shall remain in full force and effect <br /> unless the term thereof sooner expires or unless continuation of the <br /> Franchise would endanger the health, safety and welfare of any person or <br /> the public. <br /> 3. Abandonment of Service. Grantee may not abandon the System or any portion <br /> tl1ereof without having first given three (3) months written notice to City. Grantee <br />. may not abandon the System or any portion tl1ereof witl10ut compensating City for <br /> damages resulting from the abandonment, including all costs incident to removal <br /> of tl1e System. <br /> 4. Removal After Abandonment. Termination or Forfeiture. <br /> a. In tl1e 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 <br /> any portion of the System from all Rights-of-Way and public property <br /> within City. <br /> b. If Grantee has failed to commence removal of System, or such part thereof <br /> as was designated by City, within tl1irty (30) days after written notice of <br /> City's demand for removal is given, or if Grantee has failed to complete <br /> such removal within twelve (12) months after written notice of City's <br /> demand for removal is given, City shall have the right to apply funds <br /> secured by the Letter of Credit and Performance Bond toward removal <br /> and/or declare all right, title, and interest to the System to be in City with <br /> all rights of ownership including, but not 1in1ited to, tl1e right to operate the <br /> System or transfer the System to another for operation by it. <br />. <br /> 27 <br />,__- ---------- <br />