Archive for January, 2010

Jackson County Sues Kansas City TIF Commission

Thursday, January 28th, 2010

Jackson County, Missouri sued the Kansas City Tax Increment Financing Commission and the Mayor of Kansas City, alleging that the Commission broke a 1997 state law requiring Kansas City to seat an 11-member TIF Commission.  Kansas City never codified the law and while the Commission does have 11 members, only the 6 mayoral appointees have full voting rights.  The lawsuit alleges that the TIF Commission wrongly excludes Jackson County and certain other taxing jurisdictions from key votes and demands that each TIF Commission Member receive full voting rights on all TIF projects and amendments.

The Kansas City Tax Increment Financing Commission is an advisory body to the Kansas City Council and makes recommendations about TIF plans and projects.  The lawsuit requested a temporary restraining order against the TIF Commission, preventing the TIF Commission from holding meetings, hearings, voting on projects, or diverting any money from Jackson County into TIF projects, however Jackson County has withdrawn that request.  

In response to the lawsuit, on January 29, 2010 the Kansas City Council adopted an Ordinance giving all 11 members of the Kansas City TIF Commission full voting rights.   As a result, it is anticipated that Jackson County will withdraw the lawsuit.

Proposed Amendment to Illinois Prevailing Wage Law

Wednesday, January 27th, 2010

Language in proposed Illinois HB0063 and SB0043 would amend the Prevailing Wage Act to provide that “public works” includes economic development project areas as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995.  While the intent of this legislation was to require contractors and subcontractors to pay prevailing wages in all TIF Areas, the proposed legislation inadvertently defines economic development project areas in a limited way such that the prevailing wage requirements would only apply to closed military installations.