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199
<br />
<br /> UPON MOTION of Commissioner Casper, seconded by Commissioner Carpenter
<br />and unanimously carried, the Board adopted on first reading the following
<br />Resolution and Ordinance.
<br /> Resolution No. 1999-12
<br /> Ordinance No. 1999-04
<br />
<br /> RESOLUTION A/qD ORDINA/qCE
<br />
<br /> GRANTING A NON-EXCLUSIVE FPd%NCHISE 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
<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 /> WHEREAS, NuCare Carolina, Inc. ("NuCare"), has submitted its "Proposal
<br />for Cabarrus County" dated May 5, 1999 (the "Proposal"), to the County to
<br />operate a non-emergency ambulance service in Cabarrus County; and
<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 NuCare.
<br /> NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE BOARD OF
<br />COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA:
<br /> 1. The County hereby grants the non-exclusive right, privilege, and
<br />franchise to NuCare to operate and maintain a non-emergency ambulance service
<br />in Cabarrus County for a period of five (5) years from and after the date of
<br />acceptance of this Resolution and Franchise Agreement by NuCare, 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 thereof.
<br /> 2. The right, privilege and franchise hereby granted are expressly
<br />subject to the following:
<br /> (A) The Ordinance, all provisions of which are hereby specifically
<br /> incorporated herein by reference; and
<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 /> 3. By accepting the rights hereby granted, NuCare 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, and acknowledges that any failure
<br />to do so will be grounds for termination of the rights hereby granted in
<br />accordance with the provisions of the Ordinance.
<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 as
<br />supplemented, and for all other purposes.
<br /> 5. In addition to the conditions contained above and in the Ordinance
<br />and in the Proposal as supplemented, the rights hereby granted may, at the
<br />option of County, be terminated upon the violation of any term or provision
<br />of the Ordinance or the Proposal, as supplemented.
<br /> 6. The County and NuCare acknowledge that it shall be unlawful to
<br />operate a non-emergency ambulance service in Cabarrus County, North Carolina,
<br />without a franchise to do so duly granted by the County, except as otherwise
<br />provided by law.
<br /> 7. This Resolution and Franchise Agreement shall not be valid unless it
<br />is accepted by NuCare within thirty (30) days of its effective date, which
<br />acceptance shall be in writing in such form and executed in such manner as to
<br />be a valid and legally binding acceptance.
<br /> 8. In consideration of the foregoing rights and privileges, NuCare
<br />agrees to the following terms and conditions:
<br /> (A) NuCare accepts and agrees to all of the provisions of this
<br /> Resolution and Franchise Agreement and those instruments
<br /> incorporated herein by reference, including, but not limited to
<br /> the Ordinance and the Proposal;
<br /> (B) NuCare has examined all of the provisions of this Resolution and
<br /> Franchise Agreement and the Ordinance and waives by claim that
<br /> any provision hereof is unreasonable, arbitrary or void.
<br /> (C) NuCare recognizes the right of the County to make amendments to
<br /> the Ordinance or this Resolution and Franchise Agreement during
<br />
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