65 ILCS 5/ Illinois Municipal Code.

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65 ILCS 5/Art. 9 Div. 5

(65 ILCS 5/Art. 9 Div. 5 heading) DIVISION 5.

FINANCING OF CERTAIN IMPROVEMENTS

65 ILCS 5/9-5-1

(65 ILCS 5/9-5-1) (from Ch. 24, par. 9-5-1)

Sec. 9-5-1.

Whenever a municipal ordinance or an annexation agreement
authorized under Section 11-15.1-1 of this Code
requires the installation of water mains, sanitary sewers, drains, or other
facilities for sewers and drains, the construction of any roadways, or
the installation of any traffic signals or other traffic related
improvements as a condition of either the acceptance
of a preliminary or final subdivision or
plat described in Section 11-12-12 or a preliminary or final planned
unit development plan or the issuance of a building permit and where,
in the opinion of the corporate authorities, the facilities,
roadways, or improvements may be used for the benefit of property not
in the subdivision or planned unit development or outside the property
for which a building permit has been issued, and the water
mains, sanitary sewers, drains, or other facilities,
roadways, or improvements are to be dedicated to the public, the
corporate authorities may by contract with the subdivider or permittee
agree to reimburse and may reimburse the subdivider or permittee for a
portion of the cost of the facilities, roadways, and
improvements from fees charged to owners of property not within the
subdivision, planned unit development, or property for which a
building permit has been issued when and as collected from the owners.
The contract shall describe the property
outside the subdivision, planned unit development, or property
for which a building permit has been issued that may reasonably
be expected to benefit from the facilities, roadways, or improvements
that are required to be constructed under the contract and
shall specify the amount or proportion of the cost of the
facilities, roadways, or improvements that is to be
incurred primarily for the benefit of that property. The
contract shall provide that the municipality shall collect fees
charged to owners of property not within the subdivision,
planned unit development, or property for which a building permit has been
issued at any time before the connection to and use of the facilities,
roadways, or improvements by the respective
properties of each owner. The contract
may contain other and further provisions and agreements concerning the
construction, installation, completion, and acceptance of the facilities,
roadways, or improvements that the corporate authorities in their sole opinion
deem proper and may also provide for the payment to the subdivider or
permittee of a reasonable amount of interest on the amount expended by the
subdivider or permittee in completing the facilities, roadways, and
improvements, the interest to be calculated from and after the date of
completion and acceptance of the facilities, roadways, and improvements.

(Source: P.A. 87-539.)

65 ILCS 5/9-5-2

(65 ILCS 5/9-5-2) (from Ch. 24, par. 9-5-2)

Sec. 9-5-2.

Any contract entered into between the corporate authorities of a
municipality and a subdivider pursuant to Section 9-5-1 shall be filed with
the recorder of each county in which all or a
part of the property
affected thereby is located. The recording of the contract in this manner
shall serve to notify persons interested in such property of the fact that
there will be a charge in relation to such property for the connection to
and use of the facilities constructed under the contract.

(Source: P.A. 83-358.)

65 ILCS 5/9-5-3

(65 ILCS 5/9-5-3) (from Ch. 24, par. 9-5-3)

Sec. 9-5-3.

This Division 5 does not apply to any municipality which is a home rule
unit. This Division 5 is not a prohibition upon the contractual and
associational powers granted by Article VII, Section 10 of the Illinois
Constitution.

(Source: P.A. 77-2463.)