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• assurance of performance in compliance with the.Franchise. In the notice <br /> required herein, City shall provide Grantee with the basis of the revocation. <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 findings of fact supplementing said <br /> 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 <br /> appropriate state 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 <br /> Franchise would endanger the health, safety and welfare of any person or <br /> 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 <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 /> 4. Removal After Abandonment. Termination or Forfeiture. <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 /> 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 /> 27 <br />