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200 <br /> <br /> the term of the franchise granted by this Resolution and <br /> Franchise Agreement, provided that no such change shall <br /> compromise NuCare's ability to perform satisfactorily its <br /> obligations or obtain the benefit of its rights under the <br /> Ordinance or this Resolution and Franchise Agreement. NuCare <br /> further recognizes and agrees that the County shall in no way be <br /> bound to renew the franchise at the end of the franchise term. <br /> (D) NuCare acknowledges that its rights hereunder are subject to the <br /> police power of the County to adopt and enforce general <br /> ordinances necessary to the safety and welfare of the public; <br /> and NuCare agrees to comply with all applicable general laws <br /> enacted by the County pursuant to such power. <br /> 9. All notices and other communications hereunder shall be in writing <br />and shall be (1) hand delivered with delivery acknowledged by written <br />receipt, or (2) mailed, first class, registered or certified mail, return <br />receipt requested, postage prepaid to the following addresses: <br /> <br />If to the County: <br />County Manager <br />Cabarrus County <br />P.O. Box 707 <br />Concord, NC 28026-0707 <br /> <br />If to NuCare: <br />Operations Manager <br />NuCare Carolina, Inc. <br />P.O. Box 18895 <br />Charlotte, NC 28218 <br /> <br />Ail such notices and other communications shall be deemed to have been <br />delivered on the date of the actual delivery. Any party to this instrument <br />may change the address to which all communications and notices may be sent by <br />addressing notices of such change in the manner provided hereunder. <br /> 10. Any and all ordinances or applicable parts of ordinances, or other <br />similar regulations, promulgated by County which conflict with the provisions <br />of the Ordinance or this Resolution and Franchise Agreement, are hereby <br />repealed. <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 />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 NuCare. <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 NuCare as provided herein, <br />this Resolution and Franchise Agreement shall constitute the franchise <br />agreement referred to in the Ordinance. <br /> <br />ADOPTED THIS DAY OF ,1999. <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 /> <br />(SEAL) <br /> <br />Road NMe Chanqe - Unn~ed Road to LaConner Drive - Public Hearinq - 6:30 <br />p.m. <br /> <br /> At 7:17 p.m., Chairman Barnhart opened the public hearing concerning <br />the naming of an Unnamed Road (Petition 99-03) to LaConner Drive. He asked <br />if anyone wished to speak either for or against the proposed road name <br />change. The Notice of the Public Hearing was published in THE INDEPENDENT <br />TRIBUNE on May 3 and 10, 1999. There was no one present to address the Board, <br />and Chairman Barnhart closed the public hearing. <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Casper and <br />unanimously carried, the Board approved the naming of an Unnamed Road <br />(Petition 99-03) to LaConner Drive. <br /> <br />Construction and Demolition Debris Landfill Franchise Aqreement for Griffin <br />Brothers Companies - Public Hearinq - 7:00 p.m. <br /> <br /> <br />