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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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Franchise, and all rights and privileges pertaining thereto, if it is determined by <br /> City that: <br /> 10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or <br /> 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; <br /> or <br /> 10.1.1.3 Grantee has practiced fraud or deceit upon the City or the Commission. <br /> City may revoke this Franchise without the hearing required by Section 10.2.2 <br /> herein if Grantee is adjudged a bankrupt. <br /> 10.2 Procedures for Revocation. <br /> 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation <br /> and the intent to revoke and shall allow Grantee thirty (30) days subsequent to <br /> receipt of the notice in which to correct the violation or to provide adequate <br /> assurance of performance in compliance with the Franchise. In the notice <br /> required herein, the City shall provide the Grantee with the basis for revocation. <br /> 10.2.2 The Grantee shall be provided the right to a public hearing affording due process <br /> before the City Council prior to the effective date of revocation, which public <br /> hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 <br /> above. The City shall provide the Grantee with written notice of its decision <br /> together with written findings of fact supplementing said decision. <br /> 10.2.3 Only after the public hearing and upon written notice of the determination by the <br /> City to revoke the Franchise may the Grantee appeal said decision with an <br /> appropriate state or federal court or agency. <br /> 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless <br /> the term thereof sooner expires or unless continuation of the Franchise would <br /> endanger the health, safety and welfare of any Person or the public. <br /> 10.3 Continuity of Service. <br /> Grantee may not abandon the System or any portion thereof without having first given <br /> three (3)months written notice to the City. The Grantee may not abandon the System or <br /> any portion thereof without compensating the City for all costs incident to removal of the <br /> System if required by the City pursuant to section 10.4. <br /> 10.4 Removal After Abandonment.Termination or Forfeiture. <br /> 10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the <br /> System, the City shall have the right to require the Grantee to remove all or any <br /> 42 <br />
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