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BOOK 94 PAG-358 Franchise fees in the amount of six percent (6a) of the Utility's annual gross receipts, or the sum of five hundred dollars, whichever is greater, shall be paid to the County. (Section XV of Franchise Resolution) To date, franchise fees in the amount of $41,333.36 remain delinquent. (See attachment A for itemization of fees) The Utility or its shareholders shall not sell or transfer its plants or systems or stock to another nor transfer any rights under this franchise to another without the approval of the Board: No such transfer, after approval, shall be effective until assignee or lessee has filed with'' the Board an instrument in writing reciting the fact of such transfer and acceptance of the franchise. (Section XII of Franchise Resolution) To date, two change of ownership applications have been mailed to Ellenburg Capital and no response has been received. (See attached copies of letters mailed with application forms) ANALYSIS: Despite many attempts by correspondence and by phone to resolve these outstanding issues, all of the above -remain delinquent. Therefore, we hereby request that the Board of County Commissioners set a public hearing date for discussion of these outstanding issues and based on the outcome of the public hearing, we wish to request that the franchise be declared invalid and that the Utility be required to connect to the County water system immediately. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners set a public hearing date for discussion of these outstanding issues as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved April 18, 1995, as a public hearing date for discussion of the outstanding issues, as recommended by staff. SOUTH COUNTY R.O. PLANT/ODOR CONTROL The Board reviewed a Memorandum of January 31, 1995: FEBRUARY 14, 1995 28