Annexation - Eden Township Hospital Dist, 02-15-1972

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u C O U N T Y C FOURTH FLOOR. ADMINISTRATION OAKLANDiCALIFORNIA 941512 The Honorable Robert E. Hannon . Chairman, Board of Supervisors Administration Building 1221 Oak Street Oakland, California 94612 Dear Supervisor Hannon: O U N S E L BUILDING•1221 OAK STREET • TELEPHONE 639-07Cp 674-5 576 February 15, 1972 RICHARD J. MOORE COUNTY C:OUN5EL RE: Detachment from Eden Township Hospital District in. respon :U' �G youi inquiry telaCi-ve L �G:�SiIJ.L_ %.,-L— �:t —J..� vi an area or areas from the Eden To Hospital. District, the procedures indicated below could be utilized to effectuate the with- drawal of residents from the district. Residents within the hospital district could initiate a de- tachment by petition, the contents of which may be ascertained by communication with the Executive Officer of the Local Agency Forma- tion Commission of Alameda County. The petition would be signed by resident -voters and should consist of not less than five per cent of the resident -voters within the territory proposed to be detached. Pursuant to Government Code §56252, the Local Agency Formation Commission, in approving a proposal for detachment, could determine that any election called to confirm the detachment be held and con- ducted (a) only within the territory ordered to be detached, or (b) both within the territory ordered to be detached and within all or such part of the entire district as is outside of the territory to be detached. The Board of Directors of the hospital district could also provide the election to be held only in the area to be detached or both within that area and all of the district lying without the area to be detached. While it aF pears that both the Local Agency Formation Commission and the hospital Board of Directors have the power to indicate the area within which tine election is to be held, pursuant to Government Code §56321 the order made by the Local Agency Formation Commission to call the election in a certain manner must be followed by the Board of Directors of the hospital district. The hospi-tal district Board of Directors is required to comply with any Commission order ;Wade pursuant to §56252, mentioned above. Therefore, the Local Agency For- mation Commission can dictate the area to be covered by the election.