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October 21, 2002 Page 470 receipt, or (2) mailed, first class, registered or certified mail, return receipt requested, post'age prepaid to the following addresses: If to the County: County Manager Cabarrus County P. O. Box 707 Concord, NC 28026-0707 If to Mid-State Transport, Inc. F. Darryl Brooks: President 710 Char Meck Lane Charlotte, NC 28205 Ail such notices and other communications shall be deemed to have been delivered on the date of the actual delivery. Any party to this instrument may change the address to which all communications and notices may be sent by addressing notices of such change in the manner provided hereunder. 10. Any and all ordinances or applicable parts of ordinances, or other similar regulations, promulgated by the County which conflict with the provisions of the Ordinance or this Resolution and Franchise Agreement, are hereby repealed. 11. If any section, subsection, sentence, clause or phrase of this Resolution and Franchise Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The County hereby declares that it would have passed this Resolution and Franchise Agreement, and each section,, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this Resolution and Franchise Agreement shall not abate, reduce or otherwise affect any consideration or other obligation required of Mid-State Transport. 12. This Resolution and Franchise Agreement is hereby declared to be a measure in the interest of public peace, health, welfare and safety. When this Resolution and Franchise Agreement, together with those instruments incorporated herein by reference, are accepted by Mid-State Transport as provided herein, this Resolution and Franchise Agreement shall constitute the franchise agreement referred to in the Ordinance. ADOPTED THIS DAY OF , 2002. ATTEST: (SEAS) Clerk, Board of Commissioners Cabarrus County North Carolina Chairman of the Board of Commissioners Cabarrus County, North Carolina The second reading of the Ordinance granting the Franchise will be on November 18, 2002. Commissioner Fennel asked for a report concerning the events associated with the non-emergency transport service, including the new proposal by Harrisburg Fire and Rescue. (F~4) Consideration of Contracts for a New Bethel Elementar~ School Mr. Clifton presented the request from the Cabarrus County Board of Education (as submitted by Joe Sides, Construction Manager) to advance fund the grading package ($593,931.00) and soil testing ($18,200.00) for the new Bethel School site and to authorize the advance steel purchase ($649,600.00) for the new school. If approved, funds would be used from County reserves and the County would be reimbursed when the Certificates of Participation (COPs) are sold. Mr. Clifton presented background information concerning school construction projects and discussed the timing and financing of three proposed projects (Bethel replacement school, a new elementary school in the Pitts School Road area and a new middle school in Kannapolis). He stated the Board had previously indicated a willingness to move forward with the financing for those projects based on a financial analysis of what was projected to happen with the County and State budget process. However, he pointed out that the analysis is no longer accurate. Estimating the cost of the three schools at approximately $39 million, Mr. Clifton cautioned that the Board must be prepared for the additional debt service payments if additional COPs are sold in January or February 2003.