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28 <br /> <br />SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF <br />FRANCHISE <br /> <br />1. City's Right to Revoke. <br /> <br />a. In addition to all other rights which City has pursuant to law or equity, <br />City 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 City that: <br /> <br />i. Grantee has violated material provisions(s) of this Franchise; or <br /> <br />ii. Grantee has practiced fraud or deceit upon City. <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 />