(70 ILCS 2305/28a)
(from Ch. 42, par. 296.8a)
The corporate authorities of any sanitary district may enter into an
agreement with one or more of the owners of record of land in any territory
which may be annexed to such sanitary district as provided in this Act.
Such agreement may provide for the annexation of such territory to the sanitary
district, subject to the provisions of this Act, and any other matter not inconsistent
with the provisions of this Act, nor forbidden by law. Such agreement shall
be valid and binding for a period not to exceed 10 years from the date of
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the subject
of the agreement, would be a breach of such agreement, shall not apply to
such land without an amendment of such agreement.
Any such agreement executed after the effective date of this Amendatory
Act of 1983 and all amendments of annexation agreements, shall
be entered into in the following manner. The corporate authorities shall
fix a time for and hold a public hearing upon the proposed annexation agreement
or amendment, and shall give notice of the proposed agreement or amendment
not more than 30 nor less than 15 days before the date fixed for the hearing.
This notice shall be published at least once in one or more newspapers published
within the sanitary district. After such hearing the agreement or amendment
may be modified before execution thereof. The annexation agreement or amendment
shall be executed by the president of the board of trustees only after such
hearing and upon the adoption of a resolution directing such execution,
which resolution must be passed by a vote of two-thirds of the corporate
authorities then holding office.
Any annexation agreement executed pursuant to this Section shall be binding
upon the successor owners of record of the land which is the subject of
the agreement and upon successor corporate authorities of the sanitary district
and successor sanitary districts.
Any party to such agreement may by civil action, mandamus or other proceeding,
enforce and compel performance of the agreement.
Any annexation agreement executed prior to the effective date of this
Amendatory Act of 1983 which was executed pursuant to a two-thirds vote
of the corporate authorities and which contains provisions not inconsistent
with this Section is hereby declared valid and enforceable as to such provisions
for the effective period of such agreement, or for 10 years from the date
of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1983 may be extended at any time
prior to the original expiration date to a date which is not later than
ten years from the date of execution of the original Annexation Agreement.
(Source: P.A. 83-745.)