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Resolution No. 2002- <br />Ordinance No. 2002- <br /> <br /> RESOLUTION AND ORDINANCE <br /> GRANTING A NON-EXCLUSIVE FRANCHISE TO <br /> MID-STATE TRANSPORT, INC., <br /> FOR THE OPERATION AND REGULATION OF A <br /> NON-EMERGENCY AMBULANCE SERVICE <br />WITHIN CABARRUS COUNTY, NORTH CAROLINA, <br />PURSUANT TO THE TERMS OF THAT CERTAIN ORDINANCE <br />ADOPTED SEPTEMBER 4, 1990, AND CONSTITUTING <br /> THE FRANCHISE AGREEMENT REFERRED TO THEREIN <br /> <br />WHEREAS, on September 4, 1990, the Board of Commissioners of Cabarrus County <br />(the "County") adopted an Ambulance Franchise Ordinance providing for the grant of franchises <br />for the operation and regulation of non-emergency ambulance service in Cabarrus County, North <br />Carolina (the "Ordinance"); and <br /> <br />WHEREAS, Mid-State Transport, Inc., has submitted its "Proposal for Cabarms County" dated <br />September 13, 2002 (the "Proposal"), to the County to operate a non-emergency ambulance <br />service in Cabarms County; and <br /> <br />WHEREAS, the County desires to approve and enter into this Resolution and Ordinance <br />and Franchis~ Agreement (the "Resolution and Franchise Agreement"), granting a franchise to <br />Mid-State Transport. <br /> <br />NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE <br />BOARD OF COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA: <br /> <br /> 1. The County hereby grants the non-exclusive right, privilege, and franchise to <br />Mid-State Transport to operate and maintain a non-emergency ambulance service in Cabarrus <br />County for a period of up to one (1) year from and after the date of acceptance of this Resolution <br />and Franchise Agreement by Mid-State Transport, subject to present and future ordinances <br />pertaining thereto. The initial period of the franchise will expire on June 30, 2003. The County <br />expressly reserves the right to grant other rights, privileges, and franchises to any other person or <br />entity at any time during the term thereof. <br /> <br />following: <br /> (^) <br /> <br />(B) <br /> <br />The right, privilege and franchise hereby granted are expressly subject to the <br /> <br />The Ordinance, all provisions of which are hereby specifically incorporated <br />herein by reference; and <br />The Proposal, a copy of which is on file at the Office of the County Manager, all <br />provisions of which are hereby specifically incorporated herein by reference. <br /> <br /> 3. . By accepting the rights hereby granted, Mid-State Transport covenants that it will ' <br />perform and keep all acts, covenants and obligations imposed, represented or promised by the <br />provisions of this Resolution and Franchise Agreement, the Ordinance and the Proposal, and <br />acknowledges that any failure to do so will be grounds for termination of the rights hereby <br />granted in accordance with the provisions of the Ordinance. <br /> <br /> <br />