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Annexation - Eden Township Hospital Dist, 02-15-1972
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Annexation - Eden Township Hospital Dist, 02-15-1972
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x <br />C O U N T Y C <br />FOURTH FLOOR, ADMINISTRATION <br />OAKLAND,CALIFORNIA 0-612 <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 />O U N S E L <br />BUILDING•1221 OAK STREET <br />TELEPHOI`:E 02r5-07Fp <br />874-5576 <br />Februa cy 15, 1972 <br />RICHARD J. MOORE <br />COUNTY COUNSEL <br />RE: Detachment from Eden Toumship Hospital District <br />In. respo.i::e to youz inquiry rclati✓e to po;,siblc �: emu,-••«:�.,� vi <br />an area or areas from the Eden Township 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 may be ascertained by <br />communication with the Executive Officer of the Local Agency Fcrma- <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 be 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 aFpears that both the Local Agency Formation Commission <br />and the hospital 3oard of Directors have the power to indicate 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 Board <br />of Directors of the hospital district. The hospital district Board <br />of Directors is required to coT.ply 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 />
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