Illinois Annexation Agreement Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 258-260

XI. ILLINOIS ANNEXATION AGREEMENT STATUTE

The annexation agreement in Appendix XIV was drafted pursuant to the annex-

ation agreement statute set out below:

Illinois Compiled Statutes, Chapter 65, Act 5, Article 11,

Division 15.1. Annexation Agreements

5/11-15.1-1. Agreements with owners of record

§11-15.1-1. The corporate authorities of any municipality may enter into an

annexation agreement with one or more of the owners of record of land in unin-

corporated territory. That land may be annexed to the municipality in the man-

ner provided in Article 7 at the time the land is or becomes contiguous to the

municipality.The agreement shall be valid and binding for a period of not to ex-

ceed 20 years from the date of its execution.

Lack of contiguity to the municipality of property that is the subject of an an-

nexation agreement does not affect the validity of the agreement whether ap-

proved by the corporate authorities before or after the effective date of this

amendatory Act of 1990.

This amendatory Act of 1990 is declarative of existing law and does not

change the substantive operation of this Section.

5/11-15.1-2. Contents and scope of agreements

§11-15.1-2. Any such agreement may provide for the following as it relates

to the land which is the subject of the agreement:

(a) The annexation of such territory to the municipality,subject to the pro-

visions of Article 7.

(b) The continuation in effect, or amendment, or continuation in effect as

amended, of any ordinance relating to subdivision controls, zoning, official

plan, and building, housing and related restrictions; provided, however, that

any public hearing required by law to be held before the adoption of any ordi-

nance amendment provided in such agreement shall be held prior to the execu-

tion of the agreement, and all ordinance amendments provided in such agree-

ment shall be enacted according to law.

(c) Alimitation upon increases in permit fees required by the municipality.

(d) Contributions of either land or monies, or both, to any municipality and

to other units of local government having jurisdiction over all or part of land

that is the subject matter of any annexation agreement entered into under the

provisions of this Section shall be deemed valid when made and shall survive

the expiration date of any such annexation agreement with respect to all or any

part of the land that was the subject matter of the annexation agreement.

(e) The granting of utility franchises for such land.

(e-5) The abatement of property taxes.

(f) Any other matter not inconsistent with the provisions of this Code, nor

forbidden by law.

258

BARGAINING FOR DEVELOPMENT