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AG 1999 06 21
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AG 1999 06 21
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Last modified
3/25/2002 6:00:16 PM
Creation date
11/27/2017 11:49:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/21/1999
Board
Board of Commissioners
Meeting Type
Regular
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RESOLUTION AND ORDINANCE <br /> GRANTING A NON-EXCLUSIVE FRANCHISE TO <br /> NUCARE CAROLINA, 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 (the <br />"County') adopted an Ambulance Franchise Ordinance providing for the grant of franchises for the <br />operation and regulation of non-emergency and emergency ambulance service in Cabarrus County, North <br />Carolina (the "Ordinance'); and <br /> WHEREAS, NuCare Carolina, Inc. ("NuCare'), has submitted its "Proposal for Cabarrus <br />County' dated May 5, 1999 (the "ProposalD, to the County to operate a non-emergency ambulance <br />service in Cabarrus County; and <br /> WHEREAS, the County desires to approve and enter into this Resolution and Ordinance and <br />Franchise Agreement (the 'Resolution and Franchise Agreement"), granting a franchise to NuCare. <br /> NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE BOARD <br />OF COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA: <br /> 1. The County hereby grants the non-exclusive right, privilege, and franchise to NuCare to <br />operate and maintain a non-emergency ambulance service in Cabarrus County for a period of five (5) <br />years from and after the date of acceptance of this Resolution and Franchise Agreement by NuCare, <br />subject to present and future ordinances pertaining thereto. The County expressly reserves the right to <br />grant other rights, privileges, and franchises to any other person or entity at any time during the term <br />thereo£ <br /> 2. The right, privilege and franchise hereby granted are expressly subject to the following: <br /> (A) The Ordinance, all provisions of which are hereby specifically incorporated herein by <br /> reference; and <br /> (B) 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 />3. By accepting the rights hereby granted, NuCare covenants that it will perform and keep <br /> all acts, covenants and obligations imposed, represented or promised by the provisions of this Resolution <br /> and Franchise Agreement, the Ordinance and the Proposal,, and ac'knowledges that any failure to do so <br /> will be grounds for termination of the rights hereby granted in accordance with the provisions of the <br /> Ordinance. <br /> 4. The effective date of this Resolution and Franchise Agreement shall be the date of its final <br />adoption and said dale shall be utilized for the commencement of the timetable for construction contained <br />in the Proposal as supplemented, and for all other purposes. <br /> 5. In addition to the conditions contained above and in the Ordinance and in the Proposal as <br />supplemented, the rights hereby granted may, at the option of County, be terminated upon the violation <br />of any term or provision of the Ordinance or the Proposal, as supplemented. <br /> 6. The County and NuCare ac ~knowledge that it shall be unlawful to operate a non-emergency <br />ambulance service in Cabarrus Counly, North Carolina, without a franchise to do so duly granted by the <br />County, except as otherwise provided by law. <br /> 7. This Resolution and Franchise Agreement shall not be valid unless it is accepted by NuCare <br />within thirty (30) days of its effective date, which acceptance shall be in writing in such form and <br />executed in such manner as to be a valid and legally binding acceptance. <br /> 8 In consideration of the foregoing rights and privileges, NuCare agrees to the following terms <br />and conditions: <br /> (A) NuCare accepts and agrees to all of the provisions of this Resolution and Franchise <br /> Agreement and those instruments incorporated herein by reference, including, but not <br /> limited to the Ordinance and the Proposal; <br /> <br /> <br />
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