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547 <br /> <br /> There being no further nominations, Mr. Ruffin declared the nominations <br />closed. Voting was as follows: <br /> <br />Voting for Commissioner Melvin - Commissioners Hamby and Melvin <br />Voting for Commissioner Lentz - Commissioners Lentz, Simmons, and Moss <br />Voting for Commissioner Hamby - No vote taken <br /> <br /> Commissioner Lentz was elected Chairman of the Board of Commissioners. <br /> Mr. Ruffin asked for nominations for the office of Vice-Chairman. <br /> Chairman Lentz nominated Commissioner Simmons and Commissioner Melvin <br />nominated Commissioner Moss for Vice-Chairman. <br /> There being no further nominations, Mr. Ruffin declared the nominations <br />closed. Voting was as follows. <br /> <br />Voting for Commissioner Simmons - Chairman Lentz and Commissioner <br /> Hamby <br />Voting for Commissioner Moss - Commissioners Melvin, Simmons, and Moss <br /> <br /> Commissioner Moss was elected Vice-Chairman of the Board. <br /> Chairman Lentz presided over the remainder of the meeting. <br /> UPON MOTION of Commissioner Melvin, seconded by Commissioner Hamby and <br />unanimously carried, the Board approved on second reading the following <br />Resolution and Ordinance granting a non-exclusive franchise to C4 Media <br />Cable South, Limited Partnership. <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 <br />the 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"); <br />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 <br />system 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 CABAILRUS 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 <br />of acceptance of this Resolution and Franchise Agreement by C4 Media, <br />subject to present and future ordinances pertaining thereto. The County <br />expressly reserves the right to grant other rights, privileges, and fran- <br />chises to any 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 /> <br />