Section 31411 Of Chapter 9. Annexation And Exclusion From California Public Utilities Code >> Division 10. >> Part 3. >> Chapter 9.
31411
. Any city whose corporate area is a part of the district and
any county with regard to any unincorporated territory which is a
part of the district, may apply to the board of directors of the
district for consent to exclude the area from the district. The board
of directors may grant or deny the application and in granting the
same may fix the terms and conditions upon which a corporate area of
the city or the unincorporated county territory may be excluded from
the district. The terms and conditions shall include, without
limitation, exclusion of the city or unincorporated county territory,
as the case may be, from representation on the board or in an
advisory capacity to the board. The action of the board of directors
evidenced by resolution shall be promptly transmitted to the
governing body of the applying city or board of supervisors and if
the action shall grant consent to the exclusion the governing body of
the city or the board or supervisors of the county, as the case may
be, may submit to the electors of the city or the unincorporated
county territory at any general or special election the proposition
of excluding from the district the corporate area of the city or the
unincorporated county territory. Notice of the election shall be
given in the manner provided in Section 31402. The election shall be
conducted and the returns thereof canvassed in the manner provided by
law for the conduct of elections in the city or county. In the event
that the majority of the electors voting thereon vote in the favor
of the withdrawal, the result thereof shall be certified by the
governing body of the city or the board of supervisors of the county
to the board of directors of the district. A certificate of the
proceedings hereunder shall be made by the secretary of the district
and filed with the Secretary of State, and upon the filing of the
certificate the corporate area of the city or the unincorporated
county territory shall be excluded from the district, and shall no
longer be a part thereof; provided, however, that the property within
the city as the city shall exist at the time of the exclusion, or
within the unincorporated county territory shall continue taxable
pursuant to Section 30981. Upon the filing in his or her office of
the certificate of proceedings the Secretary of State shall, within
10 days, issue a certificate, reciting the filing of the papers in
his or her office and the exclusion of the corporate area of the city
or the unincorporated county territory from the district. The
Secretary of State shall transmit the original of his or her
certificate to the secretary of the district and shall forward a
certified copy thereof to the county elections official of each
county in which the district or any portion thereof is situated.