G8-18 Ordinance No. G8-18
AN ORDINANCE
REGARDING THE EXTENSION OF THE
TERM OF ANNEXATION AGREEMENTS
WHEREAS, the City of Elgin is a municipality and a home rule unit as defined in Article
VII, Section 6 of the 1970 Constitution of the State of Illinois; and
WHEREAS,a home rule unit may exercise any power and perform and function pertaining to
its government and affairs; and
WHEREAS, 65 ILCS 5/11-15.1-1 provide in part that annexation agreements shall be valid
and binding for a period not to exceed twenty years from the date of its execution; and
WHEREAS,annexation agreements entered into by the City of Elgin include various terms
including, but not limited to, terms relating to zoning, development of property, engineering and
contributions of either land or monies to the City of Elgin, or both; and
WHEREAS,the City Council has determined that it is necessary and desirable to provide for
the extension of the term of an annexation agreement for property which has previously been
annexed into the City of Elgin beyond a twenty year term, when the City Council finds that such an
extension is in the best interests of the City of Elgin and when the City Council finds that the
development of the property previously annexed into the City of Elgin subject to such an annexation
agreement has not been completed at the time the extension of the term of the annexation agreement
is approved by the City Council; and
WHEREAS,the extension of the term of an annexation agreement beyond a twenty year term
for property which has previously been annexed into the City of Elgin which the development
thereof has not been completed at the time of the extension of the term of the annexation agreement
is approved by the City Council, and matters relating to zoning, development of property,
engineering and contributions of either land or monies to the City of Elgin, or both, pertain to the
government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are incorporated into this ordinance.
Section 2. That this ordinance is adopted by the City Council of the City of Elgin pursuant
to and in the exercise of the home rule authority and power of the City of Elgin.
Section 3. That notwithstanding the provisions of 65 ILCS 5/11-15.1-1 as amended, or
other provisions within 65 ILCS Division 15.1,as amended,the term of an annexation agreement to
which the City of Elgin is party for property which has previously been annexed into the City of
Elgin may be extended beyond a twenty year term for a total term, as extended,not to exceed a total
of forty years, when the City Council finds that such an extension is in the best interests of the City
of Elgin and when the City Council finds that the development of the property previously annexed
into the City of Elgin and subject to such annexation agreement has not been completed at the time
of the extension of the term the annexation agreement is approved by the City Council.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided law.
Ao
David J. apvdn, NAyor
Presented: January 24, 2018
Passed: January 24, 2018
Vote: Yeas: 9 Nays: 0
Recorded: January 24, 2018 r G =K<
Published: January 25, 2018 ° �6$ ►;�:
Attes
Kimberly Dewis, Ci lerk
STS!
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