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Council delays alley-paving ordinance after staff flags 10% city burden under state law
Summary
The council postponed a second reading of an ordinance to create a petition-based alley-paving assessment until June 9 after staff said state statute likely limits cost recovery to 90%—meaning the city could be left with a 10% share—and council members asked for more outreach and clarity on payment options and lien mechanics.
The Lubbock City Council voted on May 12 to postpone consideration of an ordinance that would create a petition-driven process for paving unimproved alleys, giving staff until June 9 to refine the proposal and conduct more community outreach.
Assistant City Manager Eric Rahino briefed council on the proposed ordinance, which would let a petition by property owners trigger city-managed design and construction of an alley with costs assessed to abutting owners. Rahino said the ordinance had been drafted originally to recover 100% of costs from petitioning neighbors, but staff discovered a state statutory limitation that appears to cap cost recovery at 90%, leaving an estimated 10% city share that would have to be funded as a capital improvement.
"Instead of 100%, it looks like our maximum recovery for that would be 90%, therefore putting a 10% burden on the city," Rahino said, urging the council to provide feedback and to postpone the item so staff could study funding options.
Council members asked detailed questions about petition thresholds, payment plans and enforcement. Under the ordinance as described, a petition would require a neighborhood-level supermajority (staff described a two-thirds property-owner signature threshold and a separate abutting-owner percentage), with an option for a withdrawal petition if enough owners object. If owners decline to pay assessments, the city would place a lien on the property that is typically cleared at sale. Rahino also said a payment plan would be limited to 12 months under the city’s fiscal practice mirroring a sewer program.
Councilmember Collins noted typical per-lot estimates staff had modeled: roughly $4,000 per home in higher-density blocks (about 20 homes) and closer to $8,000 in lower-density blocks (about 14 homes), which would translate to a full-block project in the tens of thousands of dollars and—if the 90% cap stands—an estimated city share of roughly $8,000 on an $80,000 block example.
Several council members and the mayor said they wanted more time to explain the petition mechanics to neighborhoods and for staff to confirm the statutory limit and potential funding mechanisms. Councilmember Felons moved and the council unanimously approved postponement of item 6.15 to the June 9 meeting so staff could return with options and clearer communications for residents.
Next steps: staff will analyze the statutory cap and propose funding approaches for the likely city 10% share (capital funding or other mechanisms), clarify the petition and withdrawal thresholds in plain language, and prepare community outreach materials explaining payment plans, lien implications and engineering standards.
