Title
Ordinance Authorizing the Dissolution of the Lake Bluff Mosquito Abatement District.
Staff Summary
• On February 9, 2021, the Lake County Board passed an Ordinance proposing dissolution of the Lake Bluff Mosquito Abatement District (LBMAD).
• Per State Statute 55 ILCS 5/5-44025, this ordinance initiated the dissolution process and required that the District complete an audit detailing claims, receipts, inventory of property, and debts.
• At the Committee’s July 29, 2021 meeting, the Lake County Finance & Administrative Services Department presented its audit findings to the Committee, and direction was received to continue the process to dissolve with details related to the District’s remaining funds.
• This ordinance sets forth final steps in the formal dissolution of the district and provides details related to how the remaining funds should be used and distributed amongst the district area’s municipalities.
Body
ORDINANCE
Whereas, the Lake Bluff Mosquito Abatement District (“District”) is a Mosquito Abatement District covering parts of Lake Bluff, North Chicago, Green Oaks, and unincorporated Lake County; and
Whereas, only two such mosquito abatement districts exist in Lake County. Mosquito abatement in other areas of the County, to the extent any such abatement is performed, is carried out by municipalities or, under certain circumstances, by the Lake County Health Department; and,
Whereas, the District derives its revenue from a small tax levy imposed on properties within the District’s boundaries, with the total tax generating around $100,000. That money has historically gone to a contractor that the District hires to perform mosquito abatement activities; and,
Whereas, other than its annual tax revenue, the District, which is made up of five trustees appointed by the County Board, possesses no interests in property, whether real or personal, other than tax proceeds in a bank account and some corporate records; and,
Whereas, the County and the District have determined that the functions of the District can be as or more efficiently performed either by the municipalities within the District or by the County, either independently or in cooperation with each other, or eliminated
completely, such that the continuing existence of the District is no longer necessary; and,
Whereas, under 55 ILCS 5/5-44025, the Lake County Board, by ordinance, proposed the dissolution of the District on February 9, 2021, and published notice of the ordinance on March 4, 2021, in the Chicago Tribune, which is a newspaper of general circulation. The ordinance was also published through the County’s website: <https://www.lakecountyil.gov/DocumentCenter/View/38578/Proposed-Ordinance-forthe-Dissolution-of-the-Lake-Bluff-Mosquito-Abatement-District>; and,
Whereas, an audit detailing all claims against the District, all receipts of the District, the inventory of all real and personal property owned by the District or under its control or management, and any debts owed by the District was performed by the County and reported to the Finance and Administration Committee of the County Board and is part of the packet of information accompanying this Ordinance’s presentation to the full County Board.
Now, therefore, be it ordained, that the Board of the County of Lake authorizes the dissolution of the Lake Bluff Mosquito Abatement District, subject to the remaining requirements of the Local Government Reduction and Efficiency Act, 55 ILCS 5/5-44005 et seq.
Be it further ordained, that costs inherent in operating the District are those associated the administrative overhead of operating the District, including legal and insurance costs, plus the work performed by County staff, including the staff of the County Clerk and Treasurer, to levy for taxes each year. Dissolving the District will eliminate these costs. Additional cost savings may be achieved by bulk purchasing the services the District previously maintained with other municipal or governmental entities, or eliminating them altogether. The residents of the District will no longer have a levy for the District on their property tax bills. Each of these savings or efficiencies provides the basis for dissolving the District.
Be it further ordained, that the County shall publish a notice containing this ordinance and including the following information: (1) the specific number of voters required to sign a petition requesting that the question of dissolution be submitted to referendum; (2) the time when such petition must be filed; (3) the date of the prospective referendum; and (4) the statement of the cost savings and the purpose or basis for the dissolution as set forth in the authorizing ordinance.
Be it further ordained, that if no petition is filed with the County’s election authority (the County Clerk) within 30 days of the notice referenced above being published, or if a valid petition is filed and a referendum held through which the voters authorize the County Board to dissolve the District, then the County Board Chair shall petition in the circuit court that a trustee-in-dissolution be appointed for the District, with the purpose of winding up the affairs of the District under the provisions of the Local Government Reduction and Efficiency Act.
Be it further ordained, that the trustee-in-dissolution, when appointed, shall work to abolish the District’s tax levy and distribute its remaining funds based on a percentage consistent with the geographic distribution of the District by jurisdiction:
Unincorporated: 20.92%
Village of Green Oaks: 4.31%
Village of Lake Bluff: 66.07%
City of Lake Forest: 0.18%
City of North Chicago: 8.52%
Unless a municipality listed above agrees that the funds be transferred to the Lake County Health Department, funds shall be distributed as reimbursements to the above named entities for activities consistent with those that the District formerly performed in the District’s former territory, until all such funds are exhausted or within 3 years of the date of receipt. If, after 3 years, there are still remaining funds left unused by municipalities, they shall be provided to the Health Department. If the Health Department receives a municipality’s funds, then those funds shall be used to conduct activities consistent with those that the District formerly performed, in the area of the former District.
DATED on this 14th day of September, 2021, by the County Board of the
County of Lake, Illinois.