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SECTION 10. SALE, ABANDONMENT, TRANSFER AND <br />REVOCATION OF FRANCHISE <br />10.1. City's Riaht to Revoke. <br />10.1.1 In addition to all other rights which City has pursuant to law or equity, City <br />reserves the right to commence proceedings to revoke, terminate or cancel this <br />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 />52 <br />