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-4 <br />r <br />OF A <br />O U N T Y C O U N S E L <br />ZW <br />FOURTH FLOOR. ADMINISTRATION BUILDING•1221 OAK STREETPIGHARO J. M' q • TELEPHONE ©3-5 07Op COUNTY COUNSEL <br />874-5576 <br />OAKLANDGALIFURNIA fl 012 February 15, 1972 <br />The Honorable Robert E. Hannon <br />Chairman, Board of Supervisors <br />Administration Building <br />1221 Oak Street <br />Oakland, California 94612 <br />Dear Supervisor Hannon: <br />RE: Detachment from Eden Toirnship Hospital District <br />In. respon'i;e to your inquiry re-lati"ve to $0—L..�a+u:_u� vi <br />an area or areas from the Eden Toi,rnship Hospital. District, the <br />procedures indicated below could be utilized to effectuate the with- <br />drawal of residents from the district. <br />Residents within the hospital district could initiate a de- <br />tachment by petition, the contents of which nay be ascertained by <br />communication with the Executive Officer of the Local Agency Forma- <br />tion Commission of Alameda County. The petition would be signed <br />by resident -voters and should consist of not less than five per cent <br />of the resident -voters within the territory proposed to be detached. <br />Pursuant to Government Code §56252, the Local Agency Formation <br />Commission, in approving a proposal for detachment, could determine <br />that any election called to confirm the detachment be held and con- <br />ducted (a) only within the territory ordered to b,e detached, or (b) <br />both within the territory ordered to be detached and within all or <br />such part of the entire district as is outside of the territory to <br />be detached. The Board of Directors of the hospital district could <br />also provide the election to be held only in the area to be detached <br />or both within that area and all of the district lying without the <br />area to be detached. <br />While it appears that both the Local Agency Formation Commission <br />and the hospital 3oard of Directors have the power to indicace the <br />area within which ti.e election is to be held, pursuant to Government <br />Code §56321 the order made by the Local Agency Formation Commission <br />to call the election in a certain manner must be followed by the 3oard <br />of Directors of the hospital district. The hospital district Board <br />of Directors is required to comply with any Commission order :Wade <br />pursuant to §56252, mentioned above. Therefore, the Local Agency For- <br />mation Commission can dictate the area to be covered by the election. <br />s <br />vow 1rctws - eo• ^ eg <br />