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BC 1994 01 18
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BC 1994 01 18
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4/30/2002 3:35:37 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
1/18/1994
Board
Board of Commissioners
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15 <br /> <br /> WHEREAS, the County desires to approve and enter into this <br />Resolution and Ordinance and Franchise Agreement (the "Resolution <br />and Franchise Agreement"), granting a franchise to Char-Meck. <br /> NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE <br />BOARD OF COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA: <br /> 1. The County hereby grants the non-exclusive right, <br />privilege, and franchise to Char-Meck to operate and maintain a non- <br />emergency ambulance service in Cabarrus County for a period of five <br />(5) years from and after the date of acceptance of this Resolution <br />and Franchise Agreement by Char-Meck, subject to present and future <br />ordinances pertaining thereto. The County expressly reserves the <br />right to grant other rights, privileges, and franchises to any other <br />person or entity at any time during the term thereof. <br /> 2. The right, privilege and franchise hereby granted are <br />expressly subject to the following: <br /> (A) The Ordinance, all provisions of which are hereby <br /> specifically incorporated herein by reference; and <br /> (B) The Proposal, a copy of which is on file at the Office <br /> of the County Manager~ all provisions of which are <br /> hereby specifically incorporated herein by reference. <br />3. By accepting the rights hereby granted, Char-Meck <br /> covenants that it will perform and keep all acts, covenants and <br /> obligations imposed, represented or promised by the provisions of <br /> this Resolution and Franchise Agreement, the Ordinance and the <br /> Proposal as supplemented, including its local plant in accordance <br /> with, to the extent of, and within the periods of time shown in its <br /> construction schedule set forth in the Proposal as supplemented, and <br /> acknowledges that any failure to do so will be grounds for <br /> termination of the rights hereby granted in accordance with the <br /> provisions of the Ordinance. <br /> 4. The effective date of this Resolution and Franchise <br />Agreement shall be the date of its final adoption and said date <br />shall be utilized for the commencement of the timetable for <br />construction contained in the Proposal as supplemented, and for all <br />other purposes. <br /> 5. In addition to the conditions contained above and in the <br />Ordinance and in the Proposal as supplemented, the rights hereby <br />granted may, at the option of County, be terminated upon the <br />violation of any term or provision of the Ordinance or the Proposal, <br />as supplemented. <br /> 6. The County and Char~Meck acknowledge that it shall be <br />unlawful to operate a non-emergency ambulance service in the <br />incorporated areas of Cabarrus County, North Carolina, without a <br />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 <br />valid unless it is accepted by Char-Meck within thirty (30) days of <br />its effective date, which acceptance shall be in writing in such <br />form and executed in such manner as to be a valid and legally <br />binding acceptance. <br /> 8. In consideration of the foregoing rights and privileges, <br />Char-Meck agrees to the following terms and conditions: <br /> (A) Char-Meck accepts and agrees to all of the provisions of <br /> this Resolution and Franchise Agreement and those <br /> instruments incorporated herein by reference, including, <br /> but not limited to the Ordinance and the Proposal, as <br /> supplemented~ <br /> (B) Char-Meck has examined all of the provisions of this <br /> Resolution and Franchise Agreement and the Ordinance and <br /> waives by claim that any provision hereof is <br /> unreasonable, arbitrary or void. <br /> (C) Char-Meck recognizes the right of the County to make <br /> amendments to the Ordinance or this Resolution and <br /> Franchise Agreement during the term of the franchise <br /> granted by this Resolution and Franchise Agreement, <br /> provided that no such change shall compromise Char- <br /> Meck'sability to performsatisfactorily its obligations <br /> or obtain the benefit of its rights under the Ordinance <br /> or this Resolution and Franchise Agreement. Char-Meck <br /> further recognizes and agrees that the County shall in <br /> <br /> <br />
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