Sen. Sara Feigenholtz

Filed: 3/23/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2164

2    AMENDMENT NO. ______. Amend Senate Bill 2164 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Business Improvement District Law.
 
6    Section 5. Purpose. The General Assembly finds that it is
7in the interest of the State of Illinois to promote the
8economic revitalization and physical maintenance of business
9districts in order to create jobs, attract new businesses,
10retain existing businesses, reduce crime, and spur new
11investments. The General Assembly finds that this purpose may
12best be accomplished by allowing business improvement
13districts to fund business-related activities and improvements
14through the levy of district charges upon the owners of real
15property that receive benefits from those activities and
16improvements.
 

 

 

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1    Section 10. Definitions. As used in this Act:
2    "Activities" means services provided for the purpose of
3conferring benefit upon owners of property located within a
4business improvement district, including, but not limited to:
5        (1) promotion of events taking place within the
6    business improvement district;
7        (2) furnishing of music;
8        (3) promotion of tourism within the business
9    improvement district;
10        (4) marketing and economic development, including
11    retail retention and recruitment;
12        (5) providing security, sanitation, graffiti removal,
13    street and sidewalk cleaning, and other services
14    supplemental to base services; and
15        (6) other services provided for the purpose of
16    conferring benefit upon owners of property located within
17    the business improvement district.
18    "Activities" does not include lobbying, as that term is
19defined in Section 2 of the Lobbyist Registration Act and
20Chapter 2-156 of the Municipal Code of Chicago.
21    "Base services" means services provided by any public
22entity, or paid for wholly or in part out of public funds,
23generally throughout a governmental unit to real property
24within the governmental unit.
25    "Business improvement district" means a contiguous area

 

 

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1within a governmental unit in which activities, improvements,
2or activities and improvements are provided in addition to
3base services. Territory shall be considered contiguous for
4purposes of this Act even though certain completely surrounded
5portions of the territory are excluded from the business
6improvement district. For purposes of this Act, parcels are
7within the same contiguous area if they touch or join one
8another in a reasonably substantial physical sense or if they
9meet the criteria for annexation to a municipality under
10Section 7-1-1 of the Illinois Municipal Code.
11    "Clerk" means the county clerk or municipal clerk, as the
12case may be.
13    "District charge" means a charge levied on behalf of a
14business improvement district for the purpose of acquiring,
15constructing, installing, or maintaining improvements or
16providing activities that will confer special benefits upon
17assessed property owners within the business improvement
18district. District charges levied for the purpose of
19conferring special benefits upon assessed property owners
20within a business improvement district are not taxes for the
21general benefit of a governmental unit, even if real property
22or persons not charged receive incidental or collateral
23beneficial effects.
24    "District management association" means a private or
25not-for-profit entity that enters into a contract with a
26governmental unit to administer or implement activities and

 

 

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1improvements specified in the district plan for a business
2improvement district. A district management association shall
3not be considered a public entity for any purpose.
4    "District plan" means a proposal for a business
5improvement district that contains the information described
6in Section 15.
7    "Downtown area" has the meaning given to that term in
8Section 17-1-1500-A of the Chicago Zoning Ordinance.
9    "Governing body" means the corporate authorities of a
10municipality or a county board or board of county
11commissioners, as the case may be.
12    "Governmental unit" means a county or municipality, as the
13case may be.
14    "Improvements" means the acquisition, construction,
15installation, or maintenance of any tangible property provided
16for the purpose of conferring benefit upon assessed property
17owners located within a business improvement district.
18    "Property owner" or "owner" means the record owner of fee
19simple interest in a real property subject to assessment,
20which will be deemed to be the person or entity that pays
21property taxes on the real property according to county
22records, unless another person or entity establishes to the
23governmental unit by clear and convincing evidence that they
24are the record owner of the fee simple interest.
25    "Public entity" means (i) the State or any agency, board,
26or commission of the State, (ii) any school district, or (iii)

 

 

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1any unit of local government.
 
2    Section 15. District plan.
3    (a) A business improvement district established under this
4Act is subject to and governed by a district plan, as may be
5amended as set forth in Section 65, and filed with the clerk. A
6district plan shall be prepared by the property owner or
7owners who submit the written petition to the clerk under
8Section 30.
9    (b) The district plan shall include, but need not be
10limited to, the following:
11        (1) The name of the business improvement district.
12        (2) A map of the business improvement district in
13    sufficient detail to allow a property owner to reasonably
14    determine whether a parcel of real property is located
15    within the boundaries of the business improvement
16    district.
17        (3) A description of the boundaries of the business
18    improvement district in a manner sufficient to identify
19    the real property included in the business improvement
20    district.
21        (4) The initial term of the business improvement
22    district.
23        (5) A statement identifying the activities and
24    improvements within the business improvement district that
25    may be provided from time to time for which property

 

 

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1    owners will be charged and that the activities and
2    improvements that are provided may vary from year to year
3    and may differ by class.
4        (6) A statement identifying the maximum amount of the
5    annual district charge to be levied and that the maximum
6    amount of the annual district charge levied may vary from
7    year to year.
8        (7) A statement identifying the maximum amount of
9    total district charges to be levied for the term of the
10    business improvement district.
11        (8) A statement identifying the proposed source or
12    sources of financing, including the proposed method and
13    basis of levying an assessment, in sufficient detail to
14    allow each property owner to calculate (i) the estimated
15    amount of the district charge to be levied upon the
16    property owner annually, (ii) the maximum amount of the
17    district charge that could be levied upon the property
18    owner annually, and (iii) the total amount of the district
19    charges that could be levied upon the property owner for
20    the term of the business improvement district. The
21    statement shall specify whether bonds may be issued to
22    finance activities and improvements, and the anticipated
23    term for the bonds.
24        (9) Any interest or penalties that may be imposed for
25    delinquent payment of a district charge.
26        (10) A list of the real property subject to a district

 

 

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1    charge, and a statement of any proposed classifications.
2    The list shall include the permanent tax index number of
3    each parcel located within the business improvement
4    district.
5        (11) A statement of the real property classes exempt
6    from charge, and a list of the real property to be
7    exempted.
8        (12) A statement identifying the proposed procedures
9    for renewal, subject to the limitations under Section 60.
10        (13) A statement identifying the district management
11    association, the district management association's
12    governance structure, and the district management
13    association's anticipated liability insurance coverage
14    limits.
15        (14) A statement identifying how unspent revenue
16    collected from district charges may be allocated, carried
17    over year to year, or returned to the property owners at
18    the end of each year by applying the same method and basis
19    that was used to calculate the district charges levied
20    throughout the term of the business improvement district.
21        (15) The manner by which a property owner may contest
22    the calculation of a specific district charge.
23        (16) Any proposed rules and regulations to be applied
24    to the business improvement district.
 
25    Section 20. Assessments and district charges.

 

 

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1    (a) Each district plan shall provide for an assessment
2levied upon property owners owning property within the
3business improvement district upon which district charges are
4based. District charges shall be levied at a rate or amount
5sufficient to produce revenues required to provide the
6activities and improvements specified in the district plan.
7The revenue from the levy of district charges within a
8business improvement district shall not be used to provide
9services outside the business improvement district or for any
10purpose other than the purposes set forth in the ordinance
11adopting the district plan.
12    (b) District charges shall be levied on the basis of the
13estimated benefit to the real property located within the
14business improvement district. In determining the assessment,
15the district management association may reasonably classify
16real property for purposes of determining benefit if so
17provided in the district plan. The classification may be based
18on various factors, including, as applicable, square footage,
19geography, or any other factor reasonably relating to the
20benefit received. Certain classes may be specified in the
21district plan as exempted from being charged if they would not
22receive a special benefit from the activities and
23improvements. District charges need not be imposed on
24different classes on the same basis or the same rate.
25    (c) District charges levied upon property owners owning
26property within the business improvement district may be

 

 

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1billed and collected as follows:
2        (1) a county that has established a business
3    improvement district may include district charges in the
4    regular property tax bills of the county. The county
5    collector of the county in which a business improvement
6    district is located may also bill and collect district
7    charges with the regular property tax bills of the county
8    if requested by a municipality within its jurisdiction
9    that has established a business improvement district;
10    however, no municipality is required to make this request
11    of its county collector. If the county collector agrees to
12    bill and collect district charges with the regular
13    property tax bills of the county, then the applicable
14    district plan shall be filed with the county collector and
15    the annual amount due as set forth by the district
16    management association shall become due in installments at
17    the times property taxes shall become due in accordance
18    with each regular property tax bill payable during the
19    year in which the assessment comes due; or
20        (2) if the county collector does not agree to bill and
21    collect district charges with the regular property tax
22    bills of the county or the governmental unit that has
23    established the business improvement district declines to
24    request the county collector to do so, then the
25    governmental unit shall bill and collect the assessments,
26    either directly or through a third party, and the annual

 

 

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1    amount due as set forth by the district management
2    association in accordance with the district plan shall
3    become due in installments on or about the times property
4    taxes would otherwise become due in accordance with each
5    regular property tax bill payable during the year in which
6    the assessment comes due.
7    (d) District charges shall be payable at the times and in
8the manner set forth in the applicable bill. Delinquent
9payments for district charges levied pursuant to this Act may
10be charged interest and penalties as may be set forth in the
11district plan.
12    (e) District charges shall promptly, and in no case later
13than 90 days after collection, be remitted by the governmental
14unit to the district management association.
 
15    Section 25. Boundaries of business improvement district.
16    (a) The boundaries of a proposed business improvement
17district shall not overlap with the boundaries of another
18business improvement district or with the boundaries of a
19special service area established pursuant to the Special
20Service Area Tax Law.
21    (b) The boundaries of any proposed business improvement
22district may overlap with the boundaries of a tax increment
23financing district.
24    (C) A county may establish a business improvement district
25within a municipality or municipalities only when the

 

 

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1municipality or municipalities consent to the establishment of
2the business improvement district. A municipality may
3establish a business improvement district within the
4municipality and the unincorporated area of a county or within
5another municipality only when the county or other
6municipality consents to the establishment of the business
7improvement district.
 
8    Section 30. Proposals to establish a business improvement
9district.
10    (a) To propose a business improvement district, a written
11petition shall be filed with the clerk and shall include the
12name and legal status of the filing party, information
13specifying where the complete district plan can be obtained,
14and a summary of the district plan that includes: the
15boundaries of the proposed business improvement district; the
16proposed activities and improvements, and estimated amount of
17annual funding required; the method of assessment; and the
18total amount of the proposed district charges. The information
19contained in the summary shall be sufficient if it enables a
20property owner to generally identify the location and extent
21of the proposed business improvement district, the nature and
22extent of the activities and improvements, the estimated
23annual district charge that the property owner would pay, and
24the maximum annual district charge that the property owner
25would pay.

 

 

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1    (b) Upon receiving a written petition to establish a
2business improvement district and concluding that the petition
3meets the requirements of Section 80, the clerk shall submit
4the petition to the governing body.
 
5    Section 35. Resolution of intent to consider establishment
6of a business improvement district. After receiving a verified
7petition from the clerk, the governing body shall adopt a
8resolution of intention to consider the establishment of a
9business improvement district. The resolution shall state the
10time and place of a public hearing to be held by the governing
11body to consider establishment of a business improvement
12district and shall restate all the information contained in
13the petition regarding the boundaries of the proposed business
14improvement district, the proposed activities and
15improvements, and estimated amount of annual funding required,
16the method of assessment, and the total amount of the proposed
17district charges anticipated for the initial term of the
18business improvement district.
 
19    Section 40. Establishment.
20    (a) Within 30 days after the public hearing to consider
21establishment of a business improvement district, the party
22who filed the district plan with the clerk may modify the
23district plan, including to satisfy any applicable legal
24requirements or remedy any deficiencies, prior to the adoption

 

 

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1of an ordinance establishing a business improvement district.
2Any modification to the district plan that changes the source
3or sources of financing, including the method and basis of
4levying the assessment or an increase or reduction in the
5maximum annual amount or maximum total amount of the
6assessment against one or more properties within the business
7improvement district, the procedures for renewal, the
8boundaries of a business improvement district, the district
9management association's governance structure, the activities
10and improvements to be provided within the business
11improvement district, or a change to the filing party must be
12approved by a written petition that conforms to the petition
13signature requirements set forth in Section 80. If the
14district plan is so modified, the governing body shall call an
15additional public hearing to hear and consider objections to
16the modified district plan prior to the adoption of an
17ordinance establishing a business improvement district.
18    (b) If, following all required public hearings, the
19governing body decides to establish a business improvement
20district, the governing body shall adopt an ordinance
21establishing the business improvement district that shall
22include, but is not limited to, all the following information:
23        (1) A detailed description of: the boundaries of the
24    proposed business improvement district, which may be made
25    by reference to a plan or map; the proposed activities and
26    improvements, and an estimated amount of annual funding

 

 

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1    required; the method of assessment; the maximum amount of
2    annual district charges; and the total amount of the
3    proposed district charges for the initial term of the
4    business improvement district. The descriptions shall be
5    sufficient if the descriptions enable a property owner to
6    generally identify the location and extent of the proposed
7    business improvement district, the nature and extent of
8    the activities and improvements, and the maximum annual
9    district charge that the property owner would pay.
10        (2) The time and place where any public hearing
11    concerning the establishment of the business improvement
12    district was held.
13        (3) A statement that the activities and improvements
14    to be conferred upon property owners will be funded by the
15    levy of district charges.
16        (4) A statement on whether bonds will be issued.
17        (5) A finding that each item in the district plan
18    satisfies all applicable legal requirements and that
19    establishing the business improvement district is in the
20    public interest.
21        (6) The adoption of the district plan, as may be
22    modified pursuant to subsection (a), including each item
23    set forth in Section 15.
24        (7) A statement identifying the entity that will be
25    responsible for administering district charges, including
26    the functions of billing, collecting, and enforcement,

 

 

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1    pursuant to Section 20.
2        (8) Authorization for the governmental unit to remit
3    district charges to the district management association
4    for the provision of activities and improvement.
5        (9) The deadline and manner for submitting the annual
6    report required in Section 70.
7    (c) The ordinance establishing the business improvement
8district may not create additional obligations, burdens,
9requirements, liabilities, or restrictions for the business
10improvement district or the district management association
11other than those that are expressly contemplated by the
12district plan.
 
13    Section 45. Activities and improvements.
14    (a) Upon establishment of a business improvement district,
15the governing body may levy and collect the district charge
16pursuant to Section 20 as allowed by the district plan and the
17ordinance adopting the district plan.
18    (b) Activities and improvements provided pursuant to this
19Act shall be provided in addition to base services. The
20appropriate governmental unit shall continue to provide the
21same level of base services in any business improvement
22district as is provided to other real property within the
23governmental unit. The district management association shall
24not be expected or required to supplement any base services,
25but the district management association may supplement any

 

 

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1base services within the business improvement district in
2accordance with the district plan.
 
3    Section 50. Governance.
4    (a) For each business improvement district, the
5governmental unit shall contract with the district management
6association designated in the district plan to administer the
7operation of and provide for and maintain activities and
8improvements in and for a business improvement district. The
9contract may provide for the provision and maintenance of
10activities and improvements by one or more subcontractors of a
11district management association.
12    (b) The certificate of incorporation or bylaws of a
13district management association shall provide for voting
14representation of owners whose real property is located within
15the business improvement district, and may provide that the
16votes be weighted in proportion to the district charge levied
17or to be levied upon property owners within the business
18improvement district, except in no case shall the total number
19of votes assigned to one owner exceed 20% of the total number
20of votes which may be cast. Not less than 80% of a district
21management association's board of directors shall be composed
22of property owners or representatives of property owners
23within the business improvement district, and the composition
24shall generally be described in the statement identifying the
25district management association's governance structure in the

 

 

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1district plan.
2    (c) In addition to other powers as are conferred on it by
3law, the district management association may make
4recommendations to the governing body with respect to any
5matter involving or relating to the business improvement
6district.
7    (d) For consideration as it may deem appropriate, the
8governing body may license or grant to the district management
9association the right to undertake or permit commercial
10activities or other private uses of the streets or other parts
11of the business improvement district in which the governmental
12unit has any real property interest.
 
13    Section 55. Issuance of bonds. A governmental unit may
14issue bonds in the amounts and for the periods necessary to
15finance activities and improvements if authorized by the
16ordinance establishing the business improvement district.
17District charges levied in a business district shall be
18pledged to secure the bonds and district charges levied in 2 or
19more business improvement districts may be pledged to secure a
20single bond issue benefiting the business improvement
21districts. The district charge shall be levied on a basis that
22provides a rational relationship between the amount of the
23district charge against each property owner in each business
24improvement district and the benefit received. Bonds issued
25pursuant to this Act shall not be regarded as indebtedness of

 

 

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1the governmental unit for the purpose of any limitation
2imposed by any law. The term of any bonds issued pursuant to
3this Act shall be limited to the term of the business
4improvement district, including any renewal period. A
5governmental unit may set forth additional requirements by
6ordinance prior to bond issuance.
 
7    Section 60. Term; renewal.
8    (a) The initial term for a business improvement district
9shall be a maximum of 5 years or, if bonds are authorized to be
10issued for the business improvement district, until the
11maximum maturity of those bonds. Any business improvement
12district may be renewed one or more times by following the
13procedures for renewal as provided in the district plan if
14each property owner that is subject to assessment is notified
15of a pending renewal. A renewal shall not go into effect when,
16prior to the effective date of the renewal, a written petition
17seeking termination of the renewal that conforms to the
18petition signature requirements set forth in Section 80 is
19delivered to the clerk.
20    (b) Upon each renewal, a business improvement district
21shall have an additional term not to exceed 15 years, or, if
22bonds are authorized to be issued for the business improvement
23district, until the maximum maturity of those bonds. Prior to
24renewal, the ordinance adopting the district plan may be
25amended pursuant to Section 65, with the amendments to take

 

 

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1effect upon renewal.
2    (c) Upon renewal, any remaining revenues derived from the
3levy of district charges, or any revenues derived from the
4sale of assets acquired with the revenues, shall be
5transferred to the district management association of the
6renewed business improvement district. If the renewed business
7improvement district includes additional real property not
8included within the prior business improvement district, the
9remaining revenues shall be spent to benefit only the real
10property within the boundaries of the prior business
11improvement district. If the renewed business improvement
12district does not include real property included in the prior
13business improvement district, the remaining revenues
14attributable to that real property shall be refunded to the
15property owners of that real property.
 
16    Section 65. Amendments.
17    (a) Only upon the written request of the district
18management association may the governing body amend the
19ordinance adopting the district plan upon which the
20establishment or renewal of the business improvement district
21was based as set forth in this Section.
22    (b) Amendments that provide for any change to the source
23or sources of financing, including the method and basis of
24levying the assessment or an increase in the maximum annual
25district charge or the maximum total district charges for the

 

 

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1term of the business improvement district, or that provide for
2any change to the procedures for renewal may be adopted by the
3governing body by ordinance if, after a public hearing, the
4governing body determines that it is in the public interest to
5authorize the change to the source or sources of financing or
6to authorize the change to the procedures for renewal.
7    (c) Amendments that provide for a change to the boundaries
8of a business improvement district may be adopted by the
9governing body by ordinance if, after a public hearing, the
10governing body determines that it is in the public interest to
11authorize the change to the boundaries of the business
12improvement district and, if applicable, that all newly
13included property will benefit from the activities and
14improvements provided. The governing body may change the
15boundaries of a business improvement district by either
16expanding or reducing the existing boundaries. If the change
17to the boundaries is an expansion to existing boundaries, the
18expansion area must be contiguous with an existing boundary
19and the assessments upon property owners in the expansion area
20shall be established pursuant to Section 20. The governing
21body may consider an expansion to the boundaries of a business
22improvement district only upon receipt of a written petition
23of property owners within the proposed expansion area that
24conforms to the petition signature requirements set forth in
25Section 80. Any revenues that are unspent at the time of an
26amendment expanding the boundaries of a business improvement

 

 

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1district shall be spent to benefit only the real property
2within the prior boundaries of the business improvement
3district. If the change to the boundaries is a reduction to
4existing boundaries, any revenues that are unspent at the time
5of the amendment and are associated with real property that is
6being removed from the business improvement district, then
7those remaining revenues shall be refunded to the property
8owners of the real property. Any amendment that changes the
9boundaries of a business improvement district shall provide an
10updated map of the business improvement district that reflects
11the expansion or reduction of its boundaries.
12    (d) Notice shall be given and public hearings shall be
13held in accordance with Sections 85 and 90.
14    (e) An amendment not provided for in subsection (b) or (c)
15may be adopted by the governing body by ordinance without
16notice and a public hearing if the governing body determines
17that the amendment is consistent with the objectives of the
18district plan and is in the public interest to approve the
19amendment, but the amendment may not create any additional
20obligations, burdens, requirements, liabilities, or
21restrictions for the business improvement district or the
22district management association other than those that are
23expressly contemplated by the district plan.
 
24    Section 70. Reports.
25    (a) The district management association shall prepare or

 

 

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1have prepared a report for each fiscal year, except the first
2fiscal year, for which district charges are to be levied and
3collected to pay the costs of activities and improvements. The
4district management association's first report shall be
5submitted after the first year of operation of the business
6improvement district.
7    (b) The report shall be submitted to the governing body,
8and to each property owner subject to a district charge upon
9request, and shall be made available for public inspection.
10The report shall refer to the business improvement district by
11name, specify the fiscal year to which the report applies,
12and, with respect to that fiscal year, shall contain, but is
13not limited to, all the following information:
14        (1) The anticipated activities and improvements to be
15    provided in that fiscal year.
16        (2) An estimate of the cost of providing the
17    anticipated activities and improvements in that fiscal
18    year.
19        (3) The estimated amount of any surplus or deficit
20    revenues to be carried over from a previous fiscal year.
21    (c) In addition to the annual reporting requirement, the
22district management association shall notify the governing
23body of any proposed infrastructure or capital project in
24excess of $50,000 within a reasonable time.
 
25    Section 75. Dissolution.

 

 

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1    (a) After a public hearing on the subject of dissolution,
2the governing body may dissolve by ordinance any business
3improvement district in either of the following circumstances:
4        (1) If the governing body finds there has been
5    misappropriation of funds, malfeasance, or a violation of
6    law in connection with the management of the business
7    improvement district; or
8        (2) Each year during the term of the business
9    improvement district, there shall be a 60-day period in
10    which property owners who paid more than 50% of the total
11    of district charges levied in the prior year may request
12    dissolution of a business improvement district by a
13    written petition that conforms to the petition signature
14    requirements set forth in Section 80. The first period
15    shall begin 60 days prior to one year after the date of
16    establishment of the district and shall continue for 60
17    days. The next 60-day period shall begin 60 days prior to 2
18    years after the date of the establishment of the district.
19    Each successive year during the term of the district shall
20    have a 60-day period beginning 60 days after the
21    anniversary of the date of the establishment of the
22    district.
23    (b) The governing body shall adopt a resolution of
24intention to dissolve the business improvement district prior
25to a public hearing required by this section. The resolution
26shall state the reason for the dissolution, shall state the

 

 

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1time and place of the public hearing, and shall contain a
2proposal to dispose of any assets acquired with the revenues
3of district charges levied on behalf of the business
4improvement district in accordance with subsection (d).
5    (c) Notice shall be given and public hearings shall be
6held in accordance with Sections 85 and 90.
7    (d) Upon the dissolution or expiration without renewal of
8a district, and after all outstanding debts are paid, any
9remaining revenues derived from the levy of district charges,
10including any remaining revenues from district charges
11collected after dissolution, or derived from the sale of
12assets acquired with these revenues or from bond reserve or
13construction funds, shall be either: (i) refunded to the
14property owners then located or operating within the business
15improvement district in which district charges were levied by
16applying the same method and basis that was used to calculate
17the district charges levied in the fiscal year in which the
18district dissolves or expires; or (ii) spent on activities or
19improvements specified in the district plan under a valid and
20enforceable contract executed by the district management
21association prior to the dissolution. If the dissolution
22occurs before district charges are levied for the fiscal year,
23the method and basis that was used to calculate district
24charges levied in the immediate prior fiscal year shall be
25used to calculate the amount of any refund.
 

 

 

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1    Section 80. Petition signature requirements. Any petition
2required by this Act must be signed by property owners in the
3proposed business improvement district or proposed expanded
4area of a business improvement district, as the case may be,
5who cumulatively are expected to pay more than 20% of the total
6of the district charges proposed to be levied. However, where
7the proposed business improvement district or proposed
8expanded area of a business improvement district is located
9wholly or in part in the downtown area, then the petition must
10be signed by property owners in the proposed business
11improvement district or expanded area of a business
12improvement district, as the case may be, who are expected to
13cumulatively pay more than 50% of the total of the district
14charges proposed to be levied. All signatures for a petition
15to establish or expand a business improvement district must be
16collected within a period ending no more than 120 days from the
17initiation of the petition, which date shall be specified on
18the petition.
 
19    Section 85. Manner of notice. The notice of any public
20hearing required under this Act shall be given by publication
21and mailing. Notice by publication shall be given by
22publication at least once not less than 15 days prior to the
23public hearing in a newspaper of general circulation within
24the governmental unit. Notice by mailing shall be given by
25depositing the notice in the United States mail addressed to

 

 

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1each owner subject to a district charge. Notice shall be
2mailed not less than 10 days prior to the time set for the
3public hearing. The mailed notice shall enclose, or include
4information allowing a property owner to obtain, a copy of the
5proposed district plan.
 
6    Section 90. Public hearings. At a public hearing held
7pursuant to this Act, any interested person, including all
8property owners owning real property located within a proposed
9or existing business improvement district, may file with the
10clerk written objections to or statements in support of, and
11may be heard orally, with respect to any matter embodied in the
12district plan or concerning the management of the business
13improvement district. The governing body shall hear and
14consider all statements and objections at the public hearing.
15The governing body may adjourn a public hearing to another
16date without further notice other than a motion fixing the
17time and place the public hearing will reconvene.
 
18    Section 95. Existing law. This Act provides an alternative
19method of financing certain activities and improvements. The
20provisions of this Act do not affect or limit any other
21provisions of law authorizing or providing for the furnishing
22of activities or improvements or the raising of revenue for
23these purposes. Every special service area established
24pursuant to the Special Service Area Tax Law is unaffected by

 

 

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1this Act.
 
2    Section 97. Contesting validity. The validity of a
3business improvement district created or amended, district
4plan established, or district charge imposed under this Act
5may not be contested in any action or proceeding unless the
6action or proceeding is commenced: (1) within 30 days after
7the formation ordinance is adopted; (2) with respect to
8amendments under Section 65, within 30 days after an amendment
9has been approved; or (3) with respect to district charges
10imposed under this Act, within 30 days after receipt of the
11bill containing the district charge. If a party appeals a
12final judgment, the party filing the appeal shall request
13discretionary acceleration under Supreme Court Rule 311(b).
 
14    Section 99. Effective date. This Act takes effect 120 days
15after becoming law.".