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528
<br />
<br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Hamby and
<br />unanimously carried, the Board approved on first reading the following
<br />Resolution and Ordinance.
<br />
<br /> RESOLUTION AND ORDINANCE
<br /> GRANTING A NON-EXCLUSIVE FRANCHISE TO
<br /> C4 MEDIA CABLE SOUTH, LIMITED PARTNERSHIP,
<br /> FOR THE CONSTRUCTION, OPERATION
<br /> MAINTENANCE, AND REGULATION OF A
<br /> CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED
<br /> TERRITORY OF CABARRUS COUNTY, NORTH CAROLINA,
<br />PURSUANT TO THE TERMS OF THAT CERTAIN'ORDINANCE
<br /> ADOPTED NOVEMBER 9, 1978; AND CONSTITUTING
<br /> THE FRANCHISE AGREEMENT REFERRED TO THEREIN
<br />
<br /> WHEREAS, on November 9, 1978, the Board of Commissioners of Cabarrus
<br />County (the "County") adopted a Cable Television Ordinance providing for the
<br />grant of franchises for the construction, operation, maintenance, and
<br />regulation of community antenna television systems, commonly known as cable
<br />television systems, in Cabarrus County, North Carolina (the "Ordinance"); and
<br />
<br /> WHEREAS, C4 Media Cable South, Limited Partnership ("C4 Media"), has
<br />submitted its "Proposal for Cabarrus County" dated July 14, 1988 (the
<br />"Proposal"), to the County to construct a community antenna television system
<br />in Cabarrus County; and
<br />
<br /> WHEREAS, the County desires to approve and enter into this Resolution
<br />and Ordinance and Franchise Agreement (the "Resolution and Franchise
<br />Agreement"), granting a franchise to C4 Media.
<br />
<br /> NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE BOARD OF
<br />COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA:
<br />
<br /> 1. The County hereby grants the non-exclusive right, privilege, and
<br />franchise to C4 Media to construct, operate and maintain a cable television
<br />system in Cabarrus County outside the corporate limits of all municipalities
<br />in said County for a period of fifteen (15) years from and after the date of
<br />acceptance of this Resolution and Franchise Agreement by C4 Media, subject to -
<br />present and future ordinances pertaining thereto. The County expressly
<br />reserves the right to grant other rights, privileges, and franchises to any
<br />other person or entity at any time during the term hereof.
<br />
<br /> 2. The right, privilege and franchise hereby granted are expressly
<br />subject to the following:
<br />
<br />(A) The Ordinance, all provisions of which are hereby specifically
<br />incorporated herein by reference; and
<br />
<br />(B) The Proposal, a copy of which is on file at the Office of the
<br />County Manager, all provisions of which are hereby specifically
<br />incorporated herein by reference.
<br />
<br /> 3. By accepting the rights hereby granted, C4 Media covenants that it
<br />will perform and keep all acts, covenants and obligations imposed,
<br />represented or promised by the provisions of this Resolution and Franchise
<br />Agreement, the Ordinance and the Proposal, including, but not limited to, the
<br />completion of construction of its plant and the activation of its system in
<br />accordance with, to the extent of, and within the periods of time shown in
<br />its construction schedule set forth in the Proposal, and acknowledges that
<br />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 /> 4. The effective date of this Resolution and Franchise Agreement shall
<br />be the date of its final adoption and said date shall be utilized for the
<br />commencement of the timetable for construction contained in the Proposal., and
<br />for all other purposes.
<br />
<br />
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