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<br />assurance of perfom1ance in compliance with the Franchise. In the notice <br />required herein, City shall 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. <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 tindings of fact supplementing said <br />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 <br />appropriate state or federal court or agency. <br /> <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 /> <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 <br />may not abandon the System or any portion thereof without compensating City for <br />damages resulting from the abandonment, including all costs incident to removal <br />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 <br />any portion of the System from all Rights-of-Way and public property <br />within City. <br /> <br />b. If Grantee has failed to commence removal of System, or such part thereof <br />as was designated by City, within thirty (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 limited to, the right to operate the <br />System or transfer the System to another for operation by it. <br /> <br />27 <br />