SPECIAL MEETING - FEBRUARY 12, 2013
BE IT REMEMBERED, that on this 12th day of February A.D., 2013, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RAMON GARCIA HONORABLE A.C. CUELLAR, JR. HONORABLE HECTOR "TITO" PALACIOS HONORABLE JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS February 12, 2013 9:00 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Drainage District #1 Board of Directors will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
All members of the Board were counted present.
All members of the Board were counted present.
2.
Open Forum
No presentations made under Open Forum.
No presentations made under Open Forum.
3.
Approval of Consent Agenda
The Board moved to approve the Drainage District Consent Agenda.
The Board moved to approve the Drainage District Consent Agenda.
4.
AI -36780
Discussion and possible action relating to proposed legislation to reclaim, conserve and reuse of excess surface water.
Godfrey Garza informed the Board that they are trying to modify/add some language to exhisting law in order for the County to capture and reuse water without having to go through a TCEQ permit.
Streve Crain, with Atlas & Hall, explained that there are some exemptions for various activities such as use of farm land, gas & oil drilling, etc. for which any county that borders the Gulf of Mexico, with one or more drain ditches emptying into the Gulf of Mexico.
Godfrey Garza informed the Board that they are trying to modify/add some language to exhisting law in order for the County to capture and reuse water without having to go through a TCEQ permit.
Streve Crain, with Atlas & Hall, explained that there are some exemptions for various activities such as use of farm land, gas & oil drilling, etc. for which any county that borders the Gulf of Mexico, with one or more drain ditches emptying into the Gulf of Mexico.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
5.
AI -36826
Discussion and action to purchase from Hidalgo County, tract no.2, 3.49 AC. out of the Texas-Mexican Railway Company Survey; dated March 7, 2012. Location of property, Pct.4 old shop as previously, authorized by Board of Directors on July 31, 2012.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
6.
AI -36862
A. Request approval of Payment Request No. 5 for McAllen Construction, Inc. for Project No. 12-013-04-10 Construction of replacement weir in conjuction with NRCS Grant; Main Floodwater Channel Weir No. 2-Willacy County Phase II.
B. Request Approval to issue manual check after review and audit of pay request.
B. Request Approval to issue manual check after review and audit of pay request.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote to approve items 6.A & B in the amount of $139,156.37.
Vote: 5 - 0 - Unanimously
7.
AI -36904
Pursuant to the Resolution adopted on September 4, 2012 identifying the exclusive projects that may be undertaken with the use of Bond Proceeds, and whereas a designation was made that $15 million be used for Rural Drainage Development and $10 million be used for System Acquisition:
A. Discussion and Action to allocate the $15 million for Rural Drainage Development equally to each precinct. Each precinct would be allocated $3,750,000 upon the issuance of bonds and receipt of proceeds for the purpose of Rural Drainage Development in their respective areas.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Discussion, direction and action to define projects and equipment the District will acquire with the $10 million designated for System Acquisition on the Bond Resolution for the 2013 issuance of bonds.
NO ACTION taken on this item.
Commissioner Flores requested that NO ACTION be taken until all of the needs for the precincts are certified. Godfrey Garza assured the Board that the CO's would be identified, along with description of expenditures that's available.
A. Discussion and Action to allocate the $15 million for Rural Drainage Development equally to each precinct. Each precinct would be allocated $3,750,000 upon the issuance of bonds and receipt of proceeds for the purpose of Rural Drainage Development in their respective areas.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Discussion, direction and action to define projects and equipment the District will acquire with the $10 million designated for System Acquisition on the Bond Resolution for the 2013 issuance of bonds.
NO ACTION taken on this item.
Commissioner Flores requested that NO ACTION be taken until all of the needs for the precincts are certified. Godfrey Garza assured the Board that the CO's would be identified, along with description of expenditures that's available.
8.
Closed Session:
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Board made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 5 - 0 - Unanimously
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Board made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 5 - 0 - Unanimously
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
C.
AI -36881
Claim of Dannenbaum Engineering
D.
AI -36883
Evaluation, re-assignment, discipline or discharge of Drainage District Employees:
Safety Officer
Field Supervisor
NO ACTION taken on items 8.A through D.
Safety Officer
Field Supervisor
NO ACTION taken on items 8.A through D.
9.
Open Session:
A.
Real Estate Acquisition
NO ACTION taken on this item.
NO ACTION taken on this item.
B.
Pending and/or Potential Litigation
NO ACTION taken on this item.
NO ACTION taken on this item.
C.
AI -36882
Claim of Dannenbaum Engineering
Proceed as directed.
Proceed as directed.
D.
AI -36884
Evaluation, re-assignment, discipline or discharge of Drainage District Employees:
Safety Officer
Field Supervisor
Proceed as directed.
Safety Officer
Field Supervisor
Proceed as directed.
10.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
11.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
12.
Adjourn
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval to Adjourn.
Vote: 5 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 12th day of February, 2013
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Priscilla Torres, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 12, 2013.
Signed this 13th day of February 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 12th day of February, 2013
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Priscilla Torres, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 12, 2013.
Signed this 13th day of February 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy