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BC 1991 02 04
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BC 1991 02 04
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4/30/2002 3:30:09 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
2/4/1991
Board
Board of Commissioners
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3O <br /> <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 perform satisfactorily 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 /> no way be bound to renew the franchise at the end of the <br /> franchise term. <br />(D) Char-Meck acknowledges that its rights hereunder are <br /> subject to the police power of the County to adopt and <br /> enforce general ordinances necessary to the safety and <br /> welfare of the public; and Char-Meck agrees to comply <br /> with all applicable general laws enacted by the County <br /> pursuant to such power. <br /> 9. Ail notices and other communications hereunder shall be <br />in writing and shall be (1) hand delivered with delivery <br />acknowledged by' written receipt, or (2) mailed, first class, <br />registered or certified mail, return receipt requested, Postage <br /> <br />prepaid to the following addresses: <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 Char-Meck: <br />Char-Meck Ambulance <br /> Service, Inc. <br />P. O. Box 18895 <br />Charlotte, NC 28218 <br /> <br />Ail such notices and other communications shall be deemed to have <br />been delivered on the date of the actual delivery. Any party to <br />this instrument may change the address to which all communications <br />and notices may be sent by addressing notices of such change in the <br />manner provided hereunder. <br /> 10. Any and all ordinances or applicable parts of ordinances, <br />or other similar regulations, promulgated by County which conflict <br />with the provisions of the Ordinance or this Resolution and <br />Franchise Agreement, are hereby repealed. <br /> 11. If any section, subsection, sentence, clause or phrase of <br />this Resolution and Franchise Agreement is for any reason held <br />illegal, invalid or unconstitutional by the decision of any court <br />or regulatory body of competent jurisdiction, such decision shall <br />not affect the validity of the remaining portions hereof. The <br />County hereby declares that it would have passed this Resolution and <br />Franchise Agreement and each section, subsection, sentence, clause <br />and phrase thereof, irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses or phrases be declared <br />illegal, invalid or unconstitutional. The invalidity of any portion <br />of this Resolution and Franchise Agreement shall not abate, reduce <br />or otherwise affect any consideration or other obligation required <br />of Char-Meck. <br /> 12. This Resolution and Franchise Agreement is hereby declared <br />to be a measure in the interest of public peace, health, welfare and <br />safety. When this Resolution and Franchise Agreement, together with <br />those instruments incorporated herein by reference, are accepted by <br />Char-Meck as provided herein, this Resolution and Franchise <br />Agreement shall constitute the franchise agreement referred to in <br />the Ordinance. <br />ADOPTED THIS ~Oth DAY OF November, 1990. <br /> <br /> . /s/ James W, Lentz <br /> Chairman of the Board of Commissioners <br /> Cabarrus County, North Carolina <br />ATTEST: <br />/s/ Frankie F, Small (SEAL) <br />Clerk, Board of Commissioners <br />Cabarrus County, North Carolina <br />ADOPTED this 4th day of February, 1991. <br /> /s/ Billy J. Simmons, Jr, <br /> Billy J. Simmons, Jr. <br /> Chairman of the Board of Commissioners <br /> Cabarrus County, North Carolina <br /> <br /> <br />
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