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i <br />Mr. Glen Forbes -2- October 281 1965 <br />1. By a new proceeding of the Board of Supervisors, coming <br />through the Local Agency Formation Commission, to detach <br />the territory. This would require some time. <br />2. For the city to proceed under Section 14540 of the Health <br />and Safety Code, which provides that, when territory of a <br />county fire protection district is annexed to a city, the <br />city council may by resolution exclude that territory from <br />the fire protection district. <br />The latter procedure would be the simplest. However, the city cannot take <br />its formal action to exclude the territory until the annexation proceed- <br />ings are completed. The code further states that the "exclusion" action <br />can be set by the city to be any time within two years after the annexa- <br />tion. It does not seem appropriate to the Commission for the territory to <br />be within both the city and the fire protection district for that period <br />of time. <br />I am wondering if it would be possible to get a statement or resolution <br />from the city council declaring its intention to take the action provided <br />by Section 14540, et seq. of the Health and Safety Code as soon as the <br />annexation is complete. If the city could make such a declaration, then <br />it would be possible for the Commission to omit any reference to the detach- <br />ment from the fire protection district as a term and condition of its reso- <br />lution approving the annexation. In this case, of course, the proponent <br />for the annexation is not the city, but the Board of Supervisors, and the <br />Board of Supervisors will complete the annexation to the city. . <br />Ver ru7Ka <br />7�V <br />F. <br />)xecutily <br />ficer <br />JFMcK:aw <br />