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

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x C O U N T Y C FOURTH FLOOR, ADMINISTRATION OAKLAND,CALIFORNIA 0-612 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 TELEPHOI`:E 02r5-07Fp 874-5576 Februa cy 15, 1972 RICHARD J. MOORE COUNTY COUNSEL RE: Detachment from Eden Toumship Hospital District In. respo.i::e to youz inquiry rclati✓e to po;,siblc �: emu,-••«:�.,� vi an area or areas from the Eden Township 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 Fcrma- 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 aFpears that both the Local Agency Formation Commission and the hospital 3oard of Directors have the power to indicate the area within which ti:e 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 hospital district Board of Directors is required to coT.ply 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.