Public Watchdog.org

Nothing “Fair” About Public Services For Private Developments

12.03.14

Readers of this blog know that one of our major pet peeves –stuck in there one step below corruption and one step above stupidity – is greed masquerading as need.

That’s why we’ve written some nasty posts about “freeloaders” (shorthand for residents looking to get something for free or with a heavy subsidy from their fellow taxpayers) and “parasites” (shorthand for non-residents looking to scam a freebie or subsidy from local taxpayers). We especially like to apply those terms to folks who portray themselves as needy when it’s pretty obvious they’re just being greedy.

So we were a bit dismayed to see how residents of several Park Ridge housing developments seem to once again be aspiring to “freeloader” status in seeking do-overs of deals done decades ago.

At last Monday (November 24) night’s City Council Committee of the Whole meeting, Mr. Lee Tate, ostensibly representing the residents of the Park Ridge Pointe development, showed up to once again offer to the City ownership of what we understand to currently be, by law, Park Ridge Pointe’s “private” property: its streets, curbs, sidewalks, fire hydrants, sewers, etc.

That offer to turn over property isn’t any altruistic gift by the Park Ridge Pointers, however.

The quid pro quo for that offer is that the City would start providing certain City services that up until now have been provided and paid for by Pointe residents themselves under the terms of a legal deal cut by the Pointe’s developer in order to get City permission to build the Pointe the way the developer wanted – with narrower streets, shorter setbacks and non-compliance with other then-code requirements that enabled the developer to wring more units, greater density and greater profit out of the site.

In other words, the residents of Park Ridge Pointe currently are doing the right thing by paying for services they are legally obligated to pay, yet they seem intent on becoming…wait for it…freeloaders…by welching on those obligations.

If the City Council lets them.

Starting at 2:27:20 of the meeting video, Mr. Tate invokes “the Fairness of Taxation” before adopting a best-defense-is-a-good-offense strategy by claiming, incredibly, that “the City…is the freeloader” in this situation because it has been getting full-boat City taxes from the unit owners in these private developments while not providing services like snow removal, street repair, etc.

There’s nothing “unfair” about that, however, nor is the City anything close to a “freeloader.”

The City already lived up to its part of that legal bargain decades ago by permitting the construction of residences (homes/condos/townhouses) in these “private” developments that wouldn’t even have been built except for the developers’ agreements to keep all the streets and infrastructure “private” and to undertake, apparently in perpetuity, their maintenance/repair/replacement – a legal bargain that the current residents are trying to weasel out of after decades of performance.

To hear Mr. Tate tell it at last Monday’s COW, however, he and his fellow residents/aspiring freeloaders were victims of outright snookery by the City.

How? Because the City didn’t tell them at the time they bought their homes/units that they weren’t getting these City services.

As we understand it, Park Ridge Pointe’s (and every other developments’) legal obligations for privately obtaining those certain public services normally provided by the City is reflected in each development’s homeowners’ association documents AND in the title documents that are a matter of public record and given to buyers as part of every real estate purchase. Any competent real estate broker and any competent real estate attorney should have known about those obligations and should have explained them to the purchasers of units in those developments at or before closing.

Mr. Tate and every other one of those residents, therefore, knew or should have known what obligations they were buying into. If they didn’t, shame on them. And shame on their brokers and attorneys if those professionals didn’t properly inform their clients.

In neither event, however, should it be the City’s problem. It also shouldn’t be the City’s job to bail out careless buyers and/or incompetent brokers and attorneys.

So if it’s “fairness” the folks in Park Ridge Pointe, Bristol Court, and all those other similarly-situated developments want, it’s time they realized – and time the City Council told them in no uncertain terms – that they’ve already got it; and that they have had it for decades.  Truth be told, the fact that they are living in non-code compliant housing is proof of it.

But if these folks think they’ve got valid legal claims against the City in this regard, they should hire themselves an attorney and file those claims rather than continuing to browbeat the Council into letting them welch on the deals that were cut decades ago and that they legally agreed to when they bought their units.  And they should most definitely stop trying to become freeloaders.

There are enough of those already.

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