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612
<br />
<br /> SPECIAL MEETING
<br />
<br />BOARD OF COMMISSIONERS
<br />NOVEMBER 30, 1990
<br />
<br />Upon motion duly made and seconded, the attached transcription of
<br />a tape recording of the November 30, 1990 special meeting of the
<br />Board of Commissioners for the County of Cabarrus, as prepared by
<br />Frankie F. Small, follows, in lieu of minutes, as the official
<br />recordation of the activities which occurred. By attachment of this
<br />transcription, the Board of Commissioners of the County of Cabarrus
<br />do not adopt, ratify, confirm or otherwise approve any action taken
<br />in the meeting except that the "Resolution and Ordinance Granting
<br />a Non-Exclusive Franchise to Char-Meck Ambulance Service, Inc. For
<br />the Operation and Regulation of a Non-emergency Ambulance Service
<br />within Cabarrus County, North Carolina, Pursuant to the Terms of
<br />that Certain Ordinance adopted September 4, 1990; and Constituting
<br />the Franchise Agreement Referred to Therein" is ratified and adopted
<br />and spread upon the minutes as follows.
<br />
<br /> RESOLUTION AND ORDINANCE
<br /> GRANTING A NON-EXCLUSIVE FRANCHISE TO
<br /> CHAR-MECKAMBULANCE SERVICE, 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
<br />Cabarrus County (the "County") adopted an Ambulance Franchise
<br />Ordinance providing for the grant of franchises for the operation
<br />and regulation of non-emergency and emergency ambulance service in
<br />Cabarrus County, North Carolina (the "Ordinance"); and
<br /> WHEREAS, Char-MeckAmbulance Service, Inc. ("Char-Meck"), has
<br />submitted its "Proposal for Cabarrus County" dated September 7, 1990
<br />(the "Proposal"), to the County to operate a non-emergency ambulance
<br />service in Cabarrus County; and
<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 three
<br />(3) 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 hereof.
<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
<br /> hereby specifically incorporated herein by
<br /> reference; and
<br /> (B) The Proposal, a copy of which is on file at
<br /> the Office of the County Manager, all
<br /> provisions of which are hereby specifically
<br /> 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 />
<br />
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