Partially-Private Property Rejected

Senate rejects taxpayers' fixing streets in gated areas
http://newsok.com/article/1821273/
By John Greiner
The Oklahoman 4/20/06

State senators rejected a bill Wednesday to make municipal taxpayers finance repairs of some gated communities' streets.

House Bill 2807 fell two votes short of passage but could be revived by its author, Sen. Earl Garrison, who lodged a motion to reconsider the bill's failure in the next three legislative days.

Sponsored in the House by Rep. Randy Terrill, R-Moore, the measure would give city councils the authority to enact ordinances to make street repairs in what Garrison called "semi-gated communities."

"Do I understand taxpayers are going to be paying for these roads but won't have the use of them?" asked Sen. Brian Crain, R-Tulsa.

Garrison, D-Muskogee, answered that was correct, noting that city taxpayers would not be required to help pay for those street repairs until five years after the developments were established.

He said streets in these semi-gated communities would be closed between 6 p.m. and 6 a.m. daily.

Sen. Jim Wilson, D-Tahlequah, argued against the bill, saying, "We're asking taxpayers to protect a segment of society."

He said the Legislature shouldn't be spending taxpayers' dollars to segregate people from a social problem.

The vote on the bill was 23-21, with 25 votes needed for passage.

Only semi-gated streets?

Local developers, officials don't support gated communities bill
ALICE COLLINSWORTH
The Edmond Sun 4/4/06
http://www.edmondsun.com/siteSearch/apstorysection/local_story_093231431.html

EDMOND - Residents of future gated communities in Edmond could soon feel the financial impact of a bill that passed through a Senate committee Monday.

House Bill 2807 by Rep. Randy Terrill, R-Moore, would allow a municipal governing body to establish a “semi-public community,” with public access allowed only during the day. Streets would be closed to the public at night.

And the cost for streets in these areas would be shifted to city taxpayers instead of neighborhood residents.

Nancy Nichols, director of governmental services for the City of Edmond, said, "The official position of the city is neutral, but I know other municipalities have big concerns about public streets being closed half the time to public access."

It will probably be at least a week before the measure will be heard on the Senate floor, Nichols said.

Terrill says the provision would help provide secure places to live for individuals and families on fixed incomes.

Area residents and builders aren’t so sure.

"I personally have a problem with the idea," said Derek Turner, owner and president of Turner & Company home builders. "It seems to me if the general public is paying for the streets, then the general public should be allowed to drive on them 24 hours a day."

Rep. Marian Cooksey of Edmond shares those reservations. She served on the County and Municipal Government Committee when Terrill's proposal was considered, and was the only member to vote against the bill.

"One of the things brought up in the committee was that there can now be homes on the lower (income) end, but at the same time, we’re using taxpayer dollars to provide this," Cooksey said.

"I know the plan includes better roads (than have been built in some Oklahoma gated communities) but I think taxpayer money should be spent for something else."

The bill would require developers to follow strict guidelines when constructing roads within the neighborhoods, with a minimum of 6 inches of pavement or asphalt.

Edmond City Planner Bob Schiermeyer said the road quality specifications are a moot point in our city.

"Builders (of gated communities) have to build the streets according to city standards already," Schiermeyer said.

Only Edmond neighborhoods with lots of 2 acres or larger, located one-fourth mile or more from established water or sewer lines, may establish their own standard for roads, he said.

Turner said some local developers already are offering more-affordable houses inside gated neighborhoods.

"There are some communities in Edmond with homes in the average price range for this city, what Edmond would consider to be fairly entry-level housing," he said.

Edmond's average home price was $214,833 in 2005, according to the Oklahoma City Metropolitan Association of Realtors.

Terrill calls the new legislation a "win-win-win" situation, with cities, home buyers and developers all benefiting from the changes. The bill passed 82-8 in the state House and is waiting to be considered by the Senate.

Schiermeyer said there are already "at least 25" gated communities in Edmond, and Turner said many of them are open to the public at certain times of the day.

Caleb McCaleb, a developer with McCaleb Homes, said he’s not in favor of the proposal.

"If it’s not public access, why should we pay public dollars (for streets)?" McCaleb said. "As a taxpayer and as a developer, I am opposed to that idea."

Private Roads, Public Funding....No Way!

Letter to the Editor The Oklahoman, 4/3/06

Not of benefit

Regarding "Gated streets may get funds; Cities could take over maintenance for roads" (news story, March 27): I'm disturbed by state Rep. Randy Terrill's bill to use tax money to pay for street repairs for new gated communities. It's a win-win situation for wealthy home owners, developers and politicians. Those who can afford that privacy and security must be permitted to have it, but the honest ones will admit they should also pay for it. Our taxes shouldn't pay for the wealthy to have these niceties.

I have trouble believing the honest wealthy would take from the working poor and moderate and elderly retired people for their benefit. How can it benefit us? We pay the total bill but the gates are open only half the time. Since these are not through streets, why would anyone other than residents and their visitors use them?

Robert E. Denny, Edmond

House Bill 2807 is pending in the state Senate. It applies to new gated communities that keep gates open during daylight hours.

Gated Streets May Get Funds

Daily Oklahoman By John David Sutter and Bryan Dean http://newsok.com/article/1798508/

Roads in existing gated communities are blocked off from public use, and residents of those communities pick up street repair costs.

However, Rep. Randy Terrill's bill -- which passed 82-8 in the state House and waits in a Senate committee -- creates a category of "semipublic" gated communities that would shut their gates at night but whose residents would benefit from publicly maintained roads.

The semiprivate neighborhoods would open their gates during the day —— 6 a.m. to 6 p.m. Public access would be blocked at night.

Terrill, R -- Moore, said the bill will help developers create cheaper and safer neighborhoods that middle-income families and older Oklahomans will enjoy.

"The purpose of it is to allow folks other than just wealthy folks to be able to live in gated communities," he said.

He said the semiprivate neighborhoods -- which have the support of many homebuilders and developers -- will generate property tax revenue that will benefit local governments.

However, the idea concerns city governments because their taxpayers would bear the costs of maintaining those roads if the bill passes.

“If the public pays for the streets, they ought to be able to use them,” Oklahoma City Councilman Pat Ryan said. "If they are public streets, I don’t think the public should be denied access. There’s just something about that that isn’t quite right."

Terrill said the bill creates a new type of development that cities can either take advantage of or leave alone. For that reason, the Oklahoma Municipal League has a neutral opinion of the bill, chief lobbyist Carolyn Stager said. She said Terrill has been a friendly partner with the organization, but the bill bothers many city officials across the state.

Terrill doesn’t understand why anyone would oppose the change. He called it a "win-win-win" situation, meaning that cities, homeowners and developers benefit.

To the naysayers, he said: "These people really need to stop being the Chicken Littles that are saying, 'The sky is falling,' all the time."

Homebuilder Marvin Haworth generated the idea and pitched it to Terrill after he proposed a semiprivate development in Moore and was turned down because state law won’t allow it. Haworth said he will be the first to propose a semi-gated neighborhood if the bill passes.

Haworth envisions an Oklahoma where many or most neighborhoods have gates that close at night. He said that would be safer for everyone.

Legal questions about the bill arose when it was drafted. Some questioned whether it is constitutional to close off a public street for any amount of time to all but a select few.

House Staff Attorney Matt Duehning said he thinks the bill is legal. He also said it appears no similar bills have passed in other states.

Terrill said public parks close at night, so why not some neighborhoods? Many municipal parks are closed to the public at night. Residents of Terrill's semiprivate neighborhoods would have access to their streets 24 hours a day. The bill creates a new category for Planned Unit Development. In Oklahoma City, that type of development would have to be approved by a planning commission and then the city council before construction started.

Oklahoma City Councilman Jerry Foshee said the bill is unfair to members of existing gated communities who pay for their road maintenance.

The bill is not retroactive. Existing gated communities could not apply for city road funds if they promised to open their gates for half the day.

Terrill said the new neighborhoods would have "mini-turnpike quality" roads. Cities wouldn’t have to worry about maintenance costs for years, he said. House Bill 2807 sits in the Senate's general government committee. Terrill said he believes it will get a hearing in the next two weeks.