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compliance with the Franchise. In the notice required herein, City shall provide Grantee <br />with the basis of the revocation. <br />b. 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 hearing shall <br />follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide <br />Grantee with written notice of its decision together with written findings of fact <br />supplementing said decision. <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 state <br />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 Franchise would <br />endanger the health, safety and welfare of any person or the public. <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 from <br />the abandonment, including all costs incident to removal of the System. <br />4. Removal After Abandonment, Termination or Forfeiture. <br />a. In the event of termination or forfeiture of the Franchise or abandonment of <br />the System, City shall have the right to require Grantee to remove all or any portion of the <br />System from all Rights -of -Way and public property within City, unless Grantee is offering <br />other services (such as telecommunication services) over the System and has or obtains the <br />necessary authorizations to occupy the rights-of-way for such purposes. <br />b. If Grantee is not providing other lawful services over the System with the <br />necessary authorizations and has failed to commence removal of System, or such part <br />thereof as was designated by City, within thirty (30) days after written notice of City's <br />demand for removal is given, or if Grantee has failed to complete such removal within <br />twelve (12) months after written notice of City's demand for removal is given, City shall <br />have the right to apply funds secured by the Letter of Credit and Performance Bond toward <br />removal and/or declare all right, title, and interest to the System to be in City with all rights <br />of ownership including, but not limited to, the right to operate the System or transfer the <br />System to another for operation by it. <br />5. Sale or Transfer of Franchise. <br />a. No sale or transfer of the Franchise, or sale, transfer, or fimdamental <br />corporate change of or in Grantee, including, but not limited to, a fundamental corporate <br />change in Grantee's parent corporation or any entity having a controlling interest in <br />Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the <br />28 <br />