Section 12.16.030 Dedication of right-of-way and surfacing or resurfacing of streets and roads in territory annexed to the city without the consent of all owners of annexation territory property.

    Where property is to be annexed to the city without the consent of all owners of record of property in the territory sought to be annexed, (including annexations pursuant to Sections 5/7-1-2 through 5/7-1-7 and Section 5/7-1-13 of the Illinois Municipal Code of 1961, as amended [65 ILCS 5/7-1-2 through 5/7-1-7 and 5/7-1-13]), which annexation territory includes one or more county roads, township roads or other public rights-of-way the design and/or construction of which does not meet the standards required for street design and construction established by the city’ s codes as determined by the city council with the advice of the city engineer, prior to approving a plat for the subdivision of property in the annexation territory that will utilize the public right-of-way for access to the subdivision and/or prior to the city’ s building inspector issuing a building permit for a building to be constructed on property in the annexation territory that will utilize the public right-of-way for access to the property on which the building is located, the city may require the property owner to make and enter into a cooperation agreement (as authorized by Section 10 of Article VII of the 1970 Constitution of the State of Illinois), with the property owners to require that the public ways be upgraded by the property owners to comply with the city’ s code (as the city’ s code exists on the date of the annexation or as the city codes exists at the time the road improvements are required to be made by the cooperation agreement, whichever the city shall decide). The annexation agreement may provide for, among other things, dedication of property to be utilized for street right-of-way, and/or drainage, and may provide for the property owners paying or contributing to the costs of widening, surfacing and/or resurfacing the subject roadway and such other improvements to the roadway as the city shall determine. (Ord. 1329 § 1 (part), 1995: prior code § 33-8-3)