Dayton Council tables ethics policy, advances infrastructure projects

The Dayton City Council approved more than a dozen agenda items Monday night, July 20, including steps toward offering tax abatements for two major industrial projects, funding critical sewer infrastructure improvements and approving multiple zoning requests. But the meeting’s lengthiest discussion centered on a proposed code of ethics for elected officials and city boards, which council members ultimately voted to table for further revisions.

The proposed Code of Ethics would establish standards of conduct for City Council members and appointed board and commission members while also outlining procedures for handling complaints and requiring training on the Texas Open Meetings Act and Public Information Act.

City Attorney Brandon Davis told council the policy was modeled after one recently adopted by the City of Liberty and was intended to establish clear expectations rather than address any existing problems.

“This is not saying anybody’s acting unethically. It’s just one of those to be able to adopt something that sets out what the expectations are.”

City Manager Derek Woods further explained: “Mayor and Council, this is something that we started putting together a couple weeks ago. It came to our attention that some other another city had done this recently so the next two items are in relation to this. We thought it was a good time to do it considering we have several new or we’re gonna discuss boards tonight. We’ve got a lot of positions that are either coming up for renewal or available to fill on these boards and unfortunately there wasn’t a whole lot of stuff on a couple of these boards that governed how they operated.”

Davis explained the policy would establish clear procedures for how meetings are conducted, who can place items on an agenda and who has the authority to call meetings. Under the policy, the mayor or any two council members may call a City Council meeting, consistent with the city charter. The same structure will now apply to boards and commissions, allowing either the board chair or any two members of a board to call a meeting or request agenda items.

The policy also updates public comment procedures to reflect changes in state law, establishes uniform rules for citizen participation and ensures speakers are treated equally. Davis said the policy makes clear that residents cannot be removed from a meeting simply because they express criticism, although disruptive behavior remains prohibited under state law. The policy also allows the council or a board to vote to place an issue raised during public comment on a future agenda for discussion, while still complying with the Texas Open Meetings Act.

Councilman Harry Barnes said the policy may also help address an ongoing issue with some city boards.

“It appears that it allows us the ability to get the boards to start meeting in a timely fashion because we know we struggle with that,” Barnes said.

Davis agreed, saying the policy clarifies that board chairs, any two board members or the designated staff liaison can initiate meetings and agenda items as needed.

Councilman Harry Barnes expressed concern that portions of the policy need more review.

“I think we need to have some more conversation around this particular document,” Barnes said.

Councilwoman Sarah Vickery agreed, saying she would prefer the full council be present before adopting the policy.

The council unanimously voted to table the resolution until revisions can be made.

Tax abatements move forward

The council also approved the creation of Reinvestment Zone No. 2 and Reinvestment Zone No. 3 in Gulf Inland Logistics Park, marking the first step toward potential tax abatements for two industrial projects.

City officials explained that creating the reinvestment zones does not approve tax abatements. Instead, it establishes the legal framework required before the council can consider tax abatement agreements at a future meeting.

The first reinvestment zone is associated with Tension Steel, while the second is tied to another proposed industrial project in Gulf Inland Logistics Park for a company called Polimix. City staff said the actual tax abatement agreements will return to the council after the required public notices have been issued.

City pursues grants for infrastructure

The council authorized staff to pursue a 100 percent Texas Water Development Board grant that could fund approximately 47,000 feet of water line replacements throughout the city.

City Manager Derek Woods said the Legislature recently appropriated $1 billion for the grant program.

“There’s there’s no guarantee on this for sure, but it is free money, so we’d be foolish to not put in something for it,” said Woods. “There is no match. We may get something, we may get nothing, but it won’t be from us not asking.”

Council also authorized staff to pursue a Texas General Land Office mitigation grant that could help fund improvements to Lovers Lane. If awarded, city officials said local bond funds originally intended for that project could instead be redirected toward additional street improvements.

Sewer system improvements approved

Council approved $209,000 in emergency pipe-bursting work along Lisa Lane and Chester Street after city crews discovered deteriorating concrete sewer lines while investigating a resident’s complaint.

Public Works Director Murphy Green said the repairs are necessary to reduce inflow and infiltration problems that have resulted in notices of noncompliance from the Texas Commission on Environmental Quality.

Council also approved the purchase of five replacement lift station pumps, including a third pump for the Cherry Creek lift station, to improve reliability and help prevent sanitary sewer overflows. This project will be paid for through sewer impact fees.

Green said newer pumps automatically reverse themselves when clogged rather than burning up like many of the city’s older units.

Property owner wins rezoning request

After hearing from the property owner and two real estate agents, council approved rezoning 10 acres along Highway 321 from Business Park to Suburban Residential.

Property owner Johnny Banks told council the property’s pipeline easement has prevented commercial development and left him paying commercial-level taxes on land he has been unable to sell.

“In 2021, my taxes were like $1,200. In the last two to three years, it’s $5,000 for the taxes. I’ve tried to sell it, but nobody wants it,” Banks said. “Nobody wants it residential and it’s not suitable for commercial. So I am paying commercial, a fortune from my point of view and I get nothing except a bunch of weeds and trees. It’s a beautiful piece of property for someone to make their little dream.”

Although city planning staff recommended denial because the property sits within a business park corridor, the Planning and Zoning Commission recommended approval, and council unanimously granted the rezoning.

Council also approved rezoning approximately 1.4 acres on FM 1960 from Rural Agricultural to General Commercial, allowing additional land to support a planned Fuel Max development after efforts to extend sewer service proved unsuccessful.

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