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SECTION 10. <br /> <br />SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE <br /> <br />10.1. City's Right to Revoke. <br /> <br />10.1.1 <br /> <br />In addition to all other rights which City has pursuant to law or equity, City reserves <br />the right to commence proceedings to revoke, terminate or cancel this Franchise, and <br />all rights and privileges pertaining thereto, if it is determined by City that: <br /> <br />10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or <br /> <br />10.1.1.2 <br /> <br />Grantee has attempted to evade any of the provisions of the <br />Franchise; or <br /> <br />10.1.1.3 Grantee has practiced fraud or deceit upon City or the <br /> Commission. <br /> <br />City may revoke this Franchise without the hearing required by Section 10.2.2 herein if <br />Grantee is adjudged a bankrupt entity. <br /> <br />10.2. Procedures for Revocation. <br /> <br />10.2.1 <br /> <br />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 /> <br />10.2.2 <br /> <br />The 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 <br />public hearing shall follow the thirty (30) day notice provided in subparagraph <br />10.2.1 above. The City shall provide the Grantee with written notice of its <br />decision together with written findings of fact supplementing said decision. <br /> <br />10.2.3 <br /> <br />Only after the public hearing and upon written notice of the determination by <br />the City to revoke the Franchise may the Grantee appeal said decision with an <br />appropriate state or federal court or agency. <br /> <br />10.2.4 <br /> <br />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 <br />would endanger the health, safety and welfare of any Person or the public. <br /> <br />48 <br /> <br /> <br />