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M <br />The Utility or its shareholders shall not sell or transfer its <br />plants or systems or stock to another nor transfer any rights <br />under this franchise to another without the approval of the <br />Board. No such transfer, after approval, shall be effective <br />until assignee or lessee has filed with the Board an <br />instrument in writing reciting the fact of such transfer and <br />acceptance of the franchise. (Section XII of Franchise <br />Resolution) To date, two change of ownership applications <br />have been mailed to Ellenburg Capital and no response has been <br />received. (See attached copies of letters mailed with <br />application forms) <br />ANALYSIS: <br />Despite many attempts by correspondence and by phone to resolve <br />these outstanding issues, all of the above remain delinquent. <br />As the Franchise Authority, we hereby request that a public hearing <br />be set on January 24, 1995. Based on the outcome of the public <br />hearing, we wish to request that the franchise be declared invalid <br />and that the Utility be required to connect to the County water <br />system immediately. <br />RECOMMENDATION: <br />The staff of the Department of <br />Board of County Commissioners <br />Hearing on January 24, 1995, <br />rM2?j.zi+j:4DIEWO-Ow4aDY41C <br />BY V4-rw� I -r 4 <br />JAMES E. CHANDLER <br />County Administrator <br />FOR )A--2-0 — 9141 <br />Date <br />Utility Services recommends that the <br />approve the scheduling of a Public <br />as presented. <br />25 <br />December 20, 1994 B0°f '12� <br />