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(B) Prior to forfeiture or termination of the Franchise, the City shall give <br /> written notice to the Grantee of its intent to revoke the Franchise. The notice shall set forth the <br /> exact nature of the noncompliance. Grantee shall have thirty (30) days from such notice to <br /> object in writing and to state its reasons for such objection and provide any explanation. In the <br /> event the City has not received a satisfactory response from Grantee, it may then seek a <br /> termination of the Franchise by the City Council in accordance with this subsection. <br /> (C) Any proceeding under the paragraph above shall be conducted by the City <br /> Council and open to the public. Grantee shall be afforded at least forty-five (45) days prior <br /> written notice of such proceeding. <br /> (1) At such proceeding, Grantee shall be provided a fair opportunity <br /> for full participation, including the right to be represented by legal counsel, to introduce <br /> evidence, and to question witnesses. A complete verbatim record and transcript shall be made of <br /> such proceeding and the cost shall be shared equally between the parties. The City Council shall <br /> hear any Persons interested in the revocation, and shall allow Grantee, in particular, an <br /> opportunity to state its position on the matter. <br /> (2) Within ninety (90) days after the hearing, the City Council shall <br /> determine whether to revoke the Franchise and declare that the Franchise is revoked and the <br /> irrevocable letter of credit or performance bond forfeited; or if the breach at issue is capable of <br /> being cured by Grantee, direct Grantee to take appropriate remedial action within the time and in <br /> the manner and on the terms and conditions that the City Council determines are reasonable <br /> under the circumstances. If the City Council determines that the Franchise is to be revoked, the <br /> City Council shall set forth the reasons for such a decision and shall transmit a copy of the <br /> decision to the Grantee. Grantee shall be bound by the City Council's decision to revoke the <br /> Franchise unless it appeals the decision to a court of competent jurisdiction within fifteen (15) <br /> days of the date of the decision. <br /> (3) Grantee shall be entitled to such relief as the court may deem <br /> appropriate. <br /> (4) The City Council may at its sole discretion take any lawful action <br /> which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation <br /> of the Franchise. <br /> 12.3. Procedures in the Event of Termination or Revocation <br /> (A) If this Franchise expires without renewal or is otherwise lawfully <br /> terminated or revoked, the City may order the removal of the above-ground Open Video System <br /> facilities and such underground facilities from the City at Grantee's sole expense within a <br /> reasonable period of time as determined by the City. In removing its plant, structures and <br /> equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall <br /> leave all Rights-of-Way, public places and private property in as good condition as that <br /> prevailing prior to Grantee's removal of its equipment without affecting the electrical or <br /> telephone wires or attachments. The indemnification and insurance provisions and the <br /> irrevocable letter of credit or performance bond, as applicable, shall remain in full force and <br /> effect during the period of removal, and Grantee shall not be entitled to, and agrees not to <br /> request, compensation of any sort therefor. <br /> 22 <br />