65 ILCS 125/60

(65 ILCS 125/60)

Sec. 60. Amendments.

(a) Only upon the written request of the board of directors of a business improvement district may the governing body amend the ordinance adopting the district plan upon which the establishment or renewal of the business improvement district was based as set forth in this Section.

(b) Amendments that provide for any change to the source or sources of financing, including the method and basis of levying the district charge or an increase in the maximum annual district charge or the maximum total district charges for the term of the business improvement district, or that provide for any change to the procedures for renewal may be adopted by the governing body by ordinance if, after a public hearing, the governing body determines that it is in the public interest to authorize the change to the source or sources of financing or to authorize the change to the procedures for renewal.

(c) Amendments that provide for a change to the boundaries of a business improvement district may be adopted by the governing body by ordinance if, after a public hearing, the governing body determines that it is in the public interest to authorize the change to the boundaries of the business improvement district and, if applicable, that all newly included property will benefit from the activities and improvements provided. The governing body may change the boundaries of a business improvement district by either expanding or reducing the existing boundaries. If the change to the boundaries is an expansion to existing boundaries, the expansion area must be contiguous with an existing boundary and the district charges upon property owners in the expansion area shall comply with the requirements of Section 20. The governing body may consider an expansion to the boundaries of a business improvement district only upon receipt of a written petition of property owners within the proposed expansion area that conforms to the petition signature requirements set forth in Section 75. Any revenues that are unspent at the time of an amendment expanding the boundaries of a business improvement district shall be spent to benefit only the real property within the prior boundaries of the business improvement district. If the change to the boundaries is a reduction to existing boundaries, any revenues that are unspent at the time of the amendment and are associated with real property that is being removed from the business improvement district, then those remaining revenues shall be refunded to the assessed property owners of the real property. Any amendment that changes the boundaries of a business improvement district shall provide an updated map of the business improvement district that reflects the expansion or reduction of its boundaries.

(d) Notice shall be given and public hearings shall be held in accordance with Sections 80 and 85.

(e) An amendment not provided for in subsection (b) or (c) may be adopted by the governing body by ordinance without notice and a public hearing if the governing body determines that the amendment is consistent with the objectives of the district plan and is in the public interest to approve the amendment, but the amendment may not create any additional obligations, burdens, requirements, liabilities, or restrictions for the business improvement district or the board of directors of a business improvement district other than those that are expressly allowed by the district plan.

(Source: P.A. 103-646, eff. 7-1-24.)