2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1005/ - Mosquito Abatement District Act.

(70 ILCS 1005/0.01) (from Ch. 111 1/2, par. 73.990)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Mosquito Abatement District Act.
(Source: P.A. 86-1324.)
(70 ILCS 1005/1) (from Ch. 111 1/2, par. 74)
Sec. 1. 
		
		Any contiguous territory having a population of not less than
300 inhabitants and no part of which is already included in a mosquito
abatement district may be organized as a mosquito abatement district in
the following manner:
Any 5% of the legal voters within the limits of the proposed mosquito
abatement district may petition the circuit court for the county in
which such territory lies, to order the question whether such territory
shall be organized as a mosquito abatement district under this Act to be
submitted to the legal voters of such territory, but every petition
shall be signed by at least 25 legal voters residing within the
territory proposed to be organized as a mosquito abatement district, and
in case such territory includes more than one city, village or
incorporated town, or any portions thereof, or includes one or more
cities, villages or incorporated towns, or any portion thereof and
territory not a part of any city, village or incorporated town, then
such petition must be signed by at least 5% of the legal voters residing
in each of the said cities, villages, or incorporated towns, or portions
thereof, and by at least 5% of the legal voters residing in the
territory not a part of any city, village or incorporated town. Such
petition addressed to the court shall contain a definite description of
the boundaries of the territory proposed to be organized as a mosquito
abatement district, and shall set forth the name of the proposed
district, which name shall be The.... Mosquito Abatement District.
(Source: P.A. 81-1489.)
(70 ILCS 1005/2) (from Ch. 111 1/2, par. 75)
Sec. 2. 
		
		Upon the filing of such a petition in the office of the circuit
clerk the court to whom the petition is addressed shall give notice of the
time and place of a hearing on the question of the necessity for the
organization of such a district and of the boundaries of such district. The
notice shall be published at least once each week for 2 weeks in one or
more newspapers of general circulation in the proposed district, and a copy
of the notice shall be posted in at least 10 of the most public places in
the district at least 10 days before the hearing. The hearing shall be held
within 20 days after the petition is filed with the circuit clerk.
The court shall preside at the hearing, and all persons resident within
the territory proposed to be organized as a mosquito abatement district
shall be given an opportunity to be heard touching the necessity of the
organization of such a district and to make suggestions regarding the
boundaries of the district. After hearing the statements, evidence and
suggestions if the court determines that considerations of public health
and welfare make the organization of such a district necessary it shall fix
the boundaries of the proposed mosquito abatement district and for that
purpose and to that extent it may alter and amend the petition. In case the
boundaries as fixed by the court include any territory not included in the
boundaries as described in the original petition, the court shall cause a
notice to be inserted at least twice in some newspaper of general
circulation in the additional territory, which notice shall state the time
and place at which a hearing will be held to permit the owners of the land
in the additional territory to appear and be heard on the question of
including the additional territory. The notice shall be published at least
10 days before the hearing, and the hearing shall be held within 3 weeks
after the court first fixes the boundaries. At the hearing the boundaries
of the proposed district shall be finally fixed by the court.
(Source: P.A. 76-1373.)
(70 ILCS 1005/3) (from Ch. 111 1/2, par. 76)
Sec. 3. 
		
		The determination of the court as to the necessity for the
organization of the proposed mosquito abatement district, together with
the description of the boundaries of such district as fixed by such
court, shall be entered of record in the court.
Thereupon the court shall certify the question of the organization of the
territory included within the boundaries fixed by it as a mosquito
abatement district to the proper election officials who shall submit the
question to the legal voters resident within such territory at
an election to be held in the district.  Notice of such referendum
shall be given and the referendum conducted in the manner provided by the
general election law.  The notice of such election shall
state the purpose of the referendum, describe the territory proposed to be
organized as a mosquito abatement district, and state the time of such
election.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall this territory (describing      YES
it) be organized as The ..........   -------------------------
Mosquito Abatement District?              NO
--------------------------------------------------------------
The court shall cause a statement of the result to
be entered of record in the court.
(Source: P.A. 90-655, eff. 7-30-98.)
(70 ILCS 1005/4) (from Ch. 111 1/2, par. 77)
Sec. 4. 
		
		If a majority of the votes cast on the question are in favor of the
organization of the territory as a mosquito abatement district such
territory shall thenceforth be deemed an organized mosquito abatement
district under this Act. The district so organized shall have the name set
forth in the petition and by such name may transact all corporate business.
Such district shall constitute a body corporate and politic and exercise
the powers herein prescribed. All courts of this State shall take judicial
notice of the organization of the said mosquito abatement district.
(Source: Laws 1927, p. 694.)
(70 ILCS 1005/5) (from Ch. 111 1/2, par. 78)
Sec. 5. 
		
		Within 60 days after the organization of any mosquito abatement district
under the provisions of this Act a board of trustees, consisting of 5
members, for the government and control of the affairs and business of such
mosquito abatement district shall be appointed in the following manner:
(1) If the district lies wholly within a single township, the board of
trustees of that township shall appoint the trustees for the district
but no township official is eligible for such appointment;
(2) If the district is not contained wholly within a single township,
but is located wholly within a single county, the trustees for
the district shall be appointed by the presiding officer of the
county board with the advice and consent of the
county board;
(3) If the district lies wholly within a municipality, the governing
body of the municipality shall appoint trustees for the district;
(4) If the district does not conform to any of the foregoing
classifications, the
trustees for the district shall be from each county in the district
in numbers proportionate, as nearly as practicable, to the number
of residents of the district who reside in each county in
relation to the total population of the district.  Trustees
shall be appointed by the county board of their respective
counties, or in the case of a home rule county as defined by
Article VII, Section 6 of the Illinois Constitution, by the
chief executive officer of that county with the advice and consent
of the county board.
Upon the expiration of the term of a trustee who is in office
on the effective date of this amendatory Act of 1975 or at the
time of the publication of each decennial Federal census of
population, the successor shall be a resident
of whichever county is entitled to such representation in order
to bring about the proportional representation required herein,
and he shall be appointed by the appointing authority of that
county.  Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority. Of the trustees thus appointed 3 shall hold office until
the second Monday in December after the next succeeding general election
for members of the General Assembly and 2 shall hold office until the
second Monday in December, 2 years after the next succeeding general
election for members of the General Assembly, and until their successors
are appointed and qualified.  Thereafter the trustees of the district shall
be appointed in every year in which the term of any of the trustees expires
and shall hold office for 4 years and until their successors are appointed
and qualified.  Each trustee shall be a legal voter in the district, and
such trustees shall serve without compensation.
Whenever a vacancy occurs in the board of trustees the appropriate
appointing authority shall appoint some person to fill the remainder of the
unexpired term.
(Source: P.A. 82-783.)
(70 ILCS 1005/6) (from Ch. 111 1/2, par. 79)
Sec. 6. 
		
		The trustees appointed in accordance with the foregoing provisions
shall constitute a board of trustees for the mosquito abatement district
for which they are appointed, and such board of trustees is declared to be
the corporate authority of said district and shall exercise all of the
powers and control all of the affairs and property of such district. Such
board of trustees may provide and adopt a corporate seal. Immediately after
their appointment and at their first meeting in December of each year
thereafter the board of trustees shall elect one of their number as
president, one as secretary, and one as treasurer, and shall elect such
other officers as may be necessary. The board of trustees shall provide for
the time and place of holding its regular meetings, and may establish rules
for its proceedings. Special meetings may be called by the president of the
board or by any three trustees, but each member of the board shall be given
notice of such special meeting at least three hours prior thereto. All of
the meetings of such board, whether regular or special, shall be open to
the public. A majority of the board of trustees shall constitute a quorum
but a smaller number may adjourn from day to day. Said board shall keep a
regular book of records of all of the proceedings of said board, which book
shall be open to the inspection of any person residing in said district at
all reasonable and proper times.
(Source: Laws 1927, p. 694.)
(70 ILCS 1005/7) (from Ch. 111 1/2, par. 80)
Sec. 7. 
		
		The board of trustees of such district shall have power to take all
necessary or proper steps for the extermination of mosquitoes, flies or
other insects within the district, and, subject to the paramount control of
the municipal or other public authorities, to abate as nuisances all
stagnant pools of water and other breeding places for mosquitoes, flies or
other insects within the district; to purchase such supplies and materials
and to employ such labor and assistants as may be necessary or proper in
furtherance of the objects of this Act, and if necessary or proper, in the
furtherance of the same, to build, construct and thereafter to repair and
maintain necessary levees, cuts, canals or channels upon any land within
the district, and to acquire by purchase, condemnation or other lawful
means, in the name of the district, any necessary lands, rights of way,
easements, property or material requisite or necessary for any such
purpose; to make contracts to indemnify or compensate any owner of land or
other property for any injury or damage necessarily caused by the exercise
of the powers of this Act conferred or arising out of the use, taking or
damage of such property for any such purposes, and generally to do any and
all things necessary or incident to the powers hereby granted and to carry
out the objects specified herein.
(Source: Laws 1927, p. 694.)
(70 ILCS 1005/7.1) (from Ch. 111 1/2, par. 80.1)
Sec. 7.1. 
		
		Sale
of personal property.
Whenever any mosquito abatement district owns any personal property
which in the opinion of three-fourths of the members of the board of
trustees is no longer necessary or useful to, or for the best interests of
the district, such a majority of the board of trustees then holding office,
at any regular meeting or at any special meeting called for that purpose,
by ordinance may authorize the sale of that personal property in such
manner as they may designate, with or without advertising the sale.
(Source: P.A. 76-619.)
(70 ILCS 1005/7.2) (from Ch. 111 1/2, par. 80.2)
Sec. 7.2. 
		
		Sale
of real estate.
Any mosquito abatement district which acquires or holds any real estate
for any purpose whatsoever has the power to convey the real estate when, in
the opinion of three-fourths of the members of the board of trustees, the
real estate is no longer necessary, appropriate, required for the use of,
profitable to, or for the best interests of the mosquito abatement
district. This power shall be exercised by an ordinance passed by such
majority of the board of trustees then holding office, at any regular
meeting or at any special meeting called for that purpose.
(Source: P.A. 76-619.)
(70 ILCS 1005/7.3) (from Ch. 111 1/2, par. 80.3)
Sec. 7.3. 
		Ordinance directing sale-Publication-Bids-Deed of Conveyance.
An ordinance directing a sale of real estate shall specify the location
of the real estate, the use thereof, and such conditions with respect to
further use of the real estate as the board of trustees may deem necessary
and desirable to the public interest. Before the board of trustees makes a
sale, by virtue of such an ordinance, notice of the proposal to sell shall
be published once each week for three successive weeks in a daily or weekly
paper published in any county in which the mosquito abatement district is
located. The first publication shall be not less than 30 days before the
day provided in the notice for the opening of bids for the real estate. The
notice shall contain an accurate description of the property, state the
purpose for which it is used, the consideration which is acceptable for the
sale, and the date of the regular or special meeting the bids will be
considered and opened, and shall advertise for bids therefor. The board of
trustees may accept the highest responsible bid by a vote of three-fourths
of the members of the board of trustees then holding office, or by such
majority vote of those holding office, they may reject any and all bids. If
consideration other than money is offered for the sale of such real estate,
the monetary value of that consideration must be determined by an
appropriate, independent appraiser, and the appraisal must accompany the
bid. Before accepting a bid of consideration other than money, the board of
trustees must obtain a second, independent appraisal of such consideration
in order to verify the appraisal which accompanied the bid.
If a bid is accepted by the board of trustees and the ordinance has been
adopted and the consideration paid or secured, the chairman of the board of
trustees shall convey the real estate and transfer it by proper deed of
conveyance, stating therein the consideration therefor.
(Source: P.A. 76-619.)
(70 ILCS 1005/7.4) (from Ch. 111 1/2, par. 80.4)
Sec. 7.4. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 1005/7.5)
Sec. 7.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1005/8)
							 (from Ch. 111 1/2, par. 81)
Sec. 8. The board of trustees of any mosquito abatement district shall, in
its work, advise and cooperate with the Department of Public Health of the
State, and the board of trustees of such district shall submit to such
Department, on or before January 1st of each year, a report of the work
done and results obtained by the district during the preceding year.
The board of trustees of any mosquito abatement district, or its designee,
shall conduct routine
surveillance of mosquitoes to detect the presence
of mosquito-borne
diseases of public health significance. The surveillance shall be conducted in
accordance with mosquito
abatement and
control guidelines as set forth by the U.S. Centers for Disease Control and
Prevention. Areas reporting
disease in humans shall be included in the surveillance activities. Mosquito
abatement districts
shall report to the local certified public health department the results of
any positive mosquito
samples infected with any arboviral infections, including, but not
limited
to: West Nile
Virus, St. Louis Encephalitis, and Eastern Equine Encephalitis. Reports shall
be made to the local
certified public health department's director of environmental health, or a
designee of the department, within 24 hours
after receiving a positive report. The report shall include the type of
infection, the number of
mosquitoes collected in the trapping device, the type of trapping device used,
and
the type of
laboratory testing used to confirm the infection.
Any trustee of a mosquito abatement district, or designee of the board of
trustees of a mosquito abatement district, that fails to
comply with the
requirements of this Act is guilty of a Class A Misdemeanor.
(Source: P.A. 93-734, eff. 7-14-04.)
(70 ILCS 1005/9) (from Ch. 111 1/2, par. 82)
Sec. 9. 
		
		Any mosquito abatement district organized under the
provisions of this Act may levy and collect a general tax on the
property situated in such district, but the aggregate amount of taxes
levied for any one year shall not exceed the rate of  .025%, or the
limitation in effect on July 1, 1967, whichever is greater, of value, as
equalized or assessed by the Department of Revenue. The
board of trustees shall determine and certify the amount to be levied
and shall return the same to the county clerk. The county clerk in
reducing the tax levies under Section 2 of "An Act concerning the levy
and extension of taxes", approved May 9, 1901, as amended, shall not
include the tax authorized by this Act in the limitation of one per cent
of the assessed valuation upon which taxes are required to be extended.
The foregoing limitations upon tax rates may be increased or decreased
under the referendum provisions of the General Revenue Law of Illinois.
In case the district is located in more than one county the board of
trustees shall determine and certify the amount to be levied upon the
taxable property lying in each county and return the same to the
respective county clerks of the counties in which the amount is to be
levied. In order to determine the amount to be levied upon the taxable
property of that part of the district lying in each county the board
shall ascertain from the county clerk of the respective counties in
which the district lies, the last ascertained equalized value of the
taxable property of such district lying in their respective counties,
then shall ascertain the rate per cent required and shall, accordingly,
apportion the whole amount to be raised between the several parts of the
district so lying in the different counties. The tax provided for in
this Section shall be levied at the same time and in the same manner as
nearly as practicable as taxes are now levied for city and village
purposes under the laws of this State.
All such general taxes when collected shall be paid over to the
treasurer of the board of trustees, who is authorized to receive and
receipt for the same.
(Source: P.A. 81-1509.)
(70 ILCS 1005/9.1) (from Ch. 111 1/2, par. 82.1)
Sec. 9.1. 
		
		Any mosquito abatement district organized under the provisions
of this Act in the preparation of its annual budget and appropriation ordinance
may provide that an amount equal to not more than one-half of one percent
of the total equalized assessed value of real property situated in the district
shall be allocated to and accumulated in a Capital Improvement, Repair or
Replacement Fund for the purposes of specific capital improvements, repairs
or replacements of specific types of district equipment or other real or
personal property.  Expenditures from the Capital Improvement, Repair or
Replacement Fund shall be budgeted and appropriated for the fiscal year
in which the capital improvement, repair or replacement will occur.  Upon
completion or abandonment of any object or purpose for which a Capital Improvement,
Repair or Replacement Fund has been initiated, monies remaining in such
fund shall be transferred into the general corporate fund of the district on
the first day of the fiscal year following such abandonment or completion
resulting in such surplus monies in such fund.
(Source: P.A. 83-171.)
(70 ILCS 1005/9.5)
Sec. 9.5. 
		
		Levy and collection of taxes by municipalities and districts for
mosquito abatement services.
If a municipality budgets for and provides mosquito abatement services and
levies, within its general tax levy, a tax to fund those services, and if the
municipality
lies wholly or partially within a district that also levies a district tax upon
territory that
lies in both the affected municipality and the district, then:
(1) The affected municipality shall pay to the     district the amount collected by the municipality from its levy upon territory that lies within the affected district that is also levying a district tax on the territory for the same type and quantity of services.
(2) Whenever a district receives any payment from any     municipality, as provided for in this Section, the district shall reduce and abate the taxes levied by the district on the territory  that is subject to taxation for the same type and quantity of mosquito abatement purposes by both the affected municipality and the district, at a rate that would reduce the taxes by an amount equal to the amount received by the district.
(Source: P.A. 90-431, eff. 8-16-97.)
(70 ILCS 1005/10) (from Ch. 111 1/2, par. 83)
Sec. 10. Any territory lying adjacent and contiguous to a mosquito
abatement district, and not part of another mosquito abatement district,
may be annexed to such district in the following manner:
(a) Upon petition in writing, describing the territory proposed to be
annexed and signed by a majority of the legal voters in such territory
and by the owners of more than half of the taxable property in such
territory as shown by the last ascertained equalized value of the
taxable property in such territory, being filed with the trustees of
such mosquito abatement district, such trustees may annex such territory
by a resolution which shall be published at least once in a newspaper
having a general circulation in the territory and shall include a notice
of (1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the resolution be submitted to the
electors of the territory; (2) the time in which the petition must be filed;
and (3) the date of the prospective referendum.  The county clerk of the
county in which the territory is situated shall provide a petition form
to any individual requesting one. The resolution shall be effective
30 days from the date of publication and is subject to a referendum, if
such referendum is requested, prior to the effective date of the
resolution, by the voters in the district equal to 10% or more of the
registered voters in the district. Such trustees may also order the
question of the annexation of such territory to be submitted to the legal
voters of such district at a regular election therein by certifying the
question to the proper election officials.  Notice of such election shall
be given and the election conducted in the manner provided by the general
election law.  The proposition shall be stated, "Shall the territory
(describing it) be annexed to The.... Mosquito Abatement District?" If the
majority of all the votes cast on the question is in favor of such
annexation, the board of trustees shall so certify to the county clerk, and
within ten days of such election the trustees by an order duly entered upon
their records shall annex such territory to the district and shall file a
map of the annexed territory in the office of the county clerk of the
county where the annexed territory is situated. Thereupon such territory
shall be deemed annexed to and shall be a part of such mosquito abatement
district.
(b) Whenever a mosquito abatement district contains over 90% of territory of a specific city or village, the mosquito abatement district may annex additional adjacent and contiguous territory within that city or village, but not incorporated within a mosquito abatement district, by the passage of an ordinance to that effect.
The ordinance authorizing the annexation shall be published within 10 days after the ordinance has been adopted, in one or more newspapers having a general circulation within the territory.  The publication of the ordinance shall be accompanied by a notice of (1) the specific number of voters required to sign a petition requesting the question of annexation; (2) the time within which the petition must be filed; and (3) the date of the prospective referendum.  The county clerk of the county in which the territory is situated shall provide a petition form to any individual requesting one.
The ordinance shall take effect 30 days after the date of publication unless a referendum is requested prior to the effective date of the ordinance by 10% or more of the registered voters in the territory.  The
question of the annexation of the territory may be submitted to the legal
voters of the territory at a regular election by certifying the
question to the proper election officials.  Notice of the election shall
be given and the election conducted in the manner provided by the general
election law.  The proposition shall be stated, "Shall the territory
(describing it) be annexed to The.... Mosquito Abatement District?"  If the
majority of all the votes cast on the question is in favor of the
annexation, the territory
shall be deemed annexed to and shall be a part of the mosquito abatement
district.
No territory may be annexed under this subsection (i) more than one year after it has first been included in that city or village unless the territory so annexed is 50 acres or less or (ii) if the annexation would expand the mosquito abatement district's boundaries outside of a county unless the district already contains territory in that county.
(Source: P.A. 95-664, eff. 10-11-07.)
(70 ILCS 1005/11) (from Ch. 111 1/2, par. 84)
Sec. 11. 
		
		Any mosquito abatement district organized under the provisions of
this Act may be dissolved and discontinued upon like petition, hearing and
election as is provided in this Act for the organization of such district.
If a majority of the votes cast on the question at such election are in
favor of such dissolution, the court shall enter an order of record in
the court dissolving such district. The trustees of such mosquito abatement
district shall immediately proceed to wind up the affairs of such district
and shall have the same powers as before dissolution to levy taxes for the
purpose of paying the debts, obligations and liabilities of such mosquito
abatement district outstanding on the date of such dissolution and the
necessary expenses of closing up the affairs of such district. All property
of such district shall be sold and in case any excess remains after all
liabilities of such district are paid such excess shall be paid to the
various common school districts located in such mosquito abatement district
ratably in the proportion that the taxable value of all the property in
each of the school districts bears to the taxable value of all the property
in the mosquito abatement district.
(Source: P.A. 83-343.)
(70 ILCS 1005/11.5)
Sec. 11.5. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of trustees of a mosquito abatement district is in favor of a proposition to annex the district to another mosquito abatement district whose boundaries are contiguous, consolidate the district into a municipality whose boundaries are coterminous or substantially coterminous with the district, consolidate the district into the township in which the district sits, or consolidate the district into the county in which the district sits, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.
The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-793, eff. 1-1-19.)
(70 ILCS 1005/12) (from Ch. 111 1/2, par. 85)
Sec. 12. 
		
		The invalidity of any part or portion of this act shall not affect
the validity of the remaining part thereof.
(Source: Laws 1927, p. 694.)
(70 ILCS 1005/12a) (from Ch. 111 1/2, par. 85.1)
Sec. 12a. 
		
		Any mosquito abatement district organized under the provisions of
this Act which lies wholly within a county having fewer than 1,000,000
inhabitants which levies a tax for mosquito abatement pursuant to Section
25.05-4 of "An Act in relation to counties", approved March 31, 1874, as
heretofore or hereafter amended, shall be dissolved and discontinued upon
the action by such county board which levies such tax.
The trustees of such mosquito abatement district shall immediately
proceed to wind up the affairs of such district and shall have the same
powers as before dissolution to levy taxes for the purpose of paying the
debts, obligations and liabilities of such mosquito abatement district
outstanding on the date of such dissolution and the necessary expenses of
closing up the affairs of such district. All property of such district
shall be sold and in case any excess remains after all liabilities of such
district are paid such excess shall be paid to the various common school
districts located in such mosquito abatement district ratably in the
proportion that the taxable value of all the property in each of the school
districts bears to the taxable value of all the property in the mosquito
abatement district.
(Source: Laws 1963, p. 3019.)
(70 ILCS 1005/13) (from Ch. 111 1/2, par. 85a)
Sec. 13. 
		
		The owner or owners of record of any area of land consisting of
one or more tracts lying within the corporate limits of any mosquito
abatement district may have the area disconnected from the mosquito
abatement district in the following manner:
The owner or owners of record of any such tract or tracts of land shall
file a petition in the Circuit Court of the county in which the district
was organized alleging facts in support of disconnection, including the
following:
(1) That the tract or tracts involved are located upon the border of the
district;
(2) That disconnection will not result in the isolation of any part of
the district from the remainder of the district;
(3) That disconnection will not destroy, or impair the effectiveness of
the mosquito abatement district in the performance of its lawful functions
of controlling and exterminating mosquitoes, flies and other insects within
the district;
(4) That disconnection will not jeopardize the financial position of the
district;
(5) And that disconnection will not adversely affect the public health
and welfare.
The mosquito abatement district from which disconnection is sought shall
be made a defendant, and it or any taxpayer residing in the district may
appear and defend against the petition.
The court shall set the petition for hearing on a date not less than 30
days after the filing of the petition, and copy of the petition shall be
mailed to the Department of Public Health of the State of Illinois and to
the Illinois State Natural History Survey by the clerk of the court, such
copies to be furnished by the petitioners. The court shall not proceed to
final hearing of the petition without a joint written report from the
Department of Public Health and the Illinois State Natural History Survey
as to the probable effect upon the public health and welfare and upon the
effectiveness of the mosquito abatement district in the performance of its
lawful duties if disconnection were granted as prayed. A copy of such
report shall also be mailed to the petitioners or their attorneys of
record. The court shall upon request grant to any party the right to
examine witnesses from such state agencies as may have investigated the
facts incorporated in any such reports.
If the court finds that the allegations of the petition are true and
that the area of land is entitled to disconnection, it shall order the
specified land disconnected from the mosquito abatement district and
thereupon said land shall cease to be a part of such district. Said land
shall not, however, be relieved from any bonded indebtedness of the
district previously created as to its proportionate share thereof.
The decision of the court is appealable as in other civil cases.
The provisions of this section 13 shall not apply to districts
incorporated in counties of over 500,000 population.
(Source: Laws 1967, p. 3973.)
(70 ILCS 1005/13a) (from Ch. 111 1/2, par. 85b)
Sec. 13a. 
		
		Any territory which lies within a mosquito abatement district and
which lies within a county which levies a tax for mosquito abatement
pursuant to Section 25.05-4 of "An Act in relation to counties", approved
March 31, 1874, as heretofore or hereafter amended, shall be disconnected
from such mosquito abatement district upon the action by the county board
of such county which levies such tax and shall cease to be a part of such
district. Such land shall not, however, be relieved from any bonded
indebtedness of the district previously created as to its proportionate
share thereof.
(Source: Laws 1963, p. 3019.)