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<br />
<br /> 10. Any and all ordinances or applicable parts of ordinances, or other
<br />similar regulations, promulgated by the County which conflict with the
<br />provisions of the Ordinance or this Resolution and Franchise Agreement, are
<br />hereby repealed.
<br />
<br /> 11. If any section, subsection, sentence, clause or phrase of this
<br />Resolution and Franchise Agreement is for any reason held illegal, invalid or
<br />unconstitutional by the decision of any court or regulatory body of competent
<br />jurisdiction, such decision shall not affect the validity of the remaining
<br />portions hereof.
<br />
<br />The County hereby declares that it would have passed this Resolution and
<br />Franchise Agreement, and each section, subsection, sentence, clause and
<br />phrase thereof, irrespective of the fact that any one or more sections,
<br />subsections, sentences, clauses or phrases be declared illegal, invalid or
<br />unconstitutional. The invalidity of any portion of this Resolution and
<br />Franchise Agreement shall not abate, reduce or otherwise affect any
<br />consideration or other obligation required of Specialized Transport.
<br />
<br /> 12. This Resolution and Franchise Agreement is hereby declared to be a
<br />measure in the interest of public peace, health, welfare and safety. When
<br />this Resolution and Franchise Agreement, together with those instruments
<br />incorporated herein by reference, are accepted by Specialized Transport as
<br />provided herein, this Resolution and Franchise Agreement shall constitute the
<br />franchise agreement referred to in the Ordinance.
<br />
<br />ADOPTED THIS __DAY OF , 2001.
<br />
<br />ATTEST:
<br />
<br />Clerk, Board of~Commissioners
<br />Cabarrus County, North Carolina
<br />
<br /> Chairman of the Board of Commissioners
<br /> Cabarrus County, North Carolina
<br />(SEAL)
<br />
<br />RESOLUTION AND ORDINANCE
<br />
<br />Resolution No. 2001-13
<br />Ordinance No. 2001-05
<br />
<br /> GRANTING A NON-EXCLUSIVE FRANCHISE TO
<br />HARRISBURG VOLUNTEER FIRE DEPARTMENT AND RESCUE, 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
<br />County (the "County") adopted an Ambulance Franchise Ordinance providing for
<br />the grant of franchises for the operation and regulation of non-emergency and
<br />emergency ambulance service in Cabarrus County, North Carolina (the
<br />"Ordinance"); and
<br />
<br />WHEREAS, Harrisburg Volunteer Fire Department and Rescue, Inc.
<br />("Harrisburg Fire"), has submitted its "Proposal for Cabarrus County" dated
<br />May 14, 2001 (the "Proposal"), to the County to operate a non-emergency
<br />ambulance service 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 Harrisburg Fire.
<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 Harrisburg Fire to operate and maintain a non-emergency
<br />ambulance service in Cabarrus County for a period of five (5) years from and
<br />after the date of acceptance of this Resolution and Franchise Agreement by
<br />Harrisburg Fire, subject to present and future ordinances pertaining thereto.
<br />The County expressly reserves the right to grant other rights, privileges,
<br />and franchises to any other person or entity at any time during the term
<br />thereof.
<br />
<br /> 2. The right, privilege and franchise hereby granted are expressly
<br />subject to the following:
<br />
<br />
<br />
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