BE IT REMEMBERED, that on this 28th day of October A.D., 2014, 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-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
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AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS October 28, 2014 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:
All members of the Board were counted present.
Kathy Olivarez stated she had a request by a reader regarding the the Bond Issue. The reader lives on the bank of the Mission Lateral and was concerned over it barely holding. Due to the bond debt being paid, she stated he would like to know what is being done.
Godfrey Garza stated that the project is going forward on the pump house. The Penitas Pump structure is underway once the certification is complete. The pump house issue still has not been confirmed on whether restructuring or reconstruction will need to be done.
The Board moved to approve the Consent Agenda.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS , seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.) Requesting approval to purchase System Design and Integration Services (Data Drops) from Superior Alarms through the District's membership with BuyBoard Contract No. 409-12 & 401-12.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
C.) Requesting approval to purchase (1) one Hon Desk from Gateway Printing & Office Supply Inc. through the District's membership with TXMAS Contract No. 6-71111060-11.
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
D.) Requesting approval of Supplemental Agreement No. 1 with R. Gutierrez Engineering Corporation to Agreement for Professional Services "Assessment and Repair of Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road" as to add sub consultants and their rates to the agreement for Construction Material Testing Services.
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
E.) Pursuant to the Boards approval of Supplemental Agreement No. 1 with R. Gutierrez Engineering Corporation; requesting approval of Work Authorization No. 3 in the amount of $3,201.55 as it relates to Construction Materials Testing Services for the "Repair of an Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
2013 BOND SERIES
F.) Requesting approval of Change Order No. 4 with IPR South Central to extend contract time as it relates to Contract No. TP07-13, "Pct. 2 Rado Drain Re-Route Project".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
G.) Requesting approval of Work Authorization No. 1 with Dos Logistics, Inc. in the amount of $38,811.00 for Engineering Services as it relates to "Pct. 4 - Rural Drainage Development La Blanca Area Drainage Improvements".
On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
H.) Requesting approval of Supplemental Agreement No. 1 to Agreement for Professional Services with Dos Logistics, Inc. as it relates to "Pct. 4 - Rural Drainage Development La Blanca Area Drainage Improvements" as to add sub consultants and their rates to the agreement for Survey & Geo-technical Services.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
I.) Pursuant to the Boards approval of Supplemental Agreement No. 1 with Dos Logistics, Inc.; requesting approval of Work Authorization No. 2 in the amount of $9,432.00 as it relates to Surveying Services for "Pct. 4 - Rural Drainage Development La Blanca Area Drainage Improvements".
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
J.) Pursuant to the Boards approval of Supplemental Agreement No. 1 with Dos Logistics, Inc.; requesting approval of work Authorization No. 3 in the amount of $7,750.00 as it relates to Geo-technical Services for "Pct. 4 - Rural Drainage Development La Blanca Area Drainage Improvements".
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
K.) Requesting approval of Work Authorization No. 1 with Dos Logistics, Inc. in the amount of $29,088.00 for Engineering Services as it relates to "Pct. 4 - Alamo Lateral Control Structure".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
L.) Requesting approval of Supplemental Agreement No. 1 to Agreement for Professional Services with Dos Logistics, Inc. as it relates to "Pct. 4 - Alamo Lateral Control Structure" as to add sub consultants and their rates to the agreement for Survey & Geo-technical Services.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
M.) Pursuant to the Boards approval of Supplemental Agreement No. 1 with Dos Logistics, Inc.; requesting approval of Work Authorization No. 2 in the amount of $8,558.40 as it relates to Surveying Services for "Pct. 4 - Alamo Lateral Control Structure".
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
N.) Pursuant to the Boards approval of Supplemental Agreement No. 1 with Dos Logistics, Inc.; requesting approval of Work Authorization No. 3 in the amount of $7,790.00 as it relates to Geo-technical Services for "Pct. 4 - Alamo Lateral Control Structure".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
O.) Requesting approval to accept bid and award Construction Contract to lowest bidder meeting all required specifications for RFB No. HCDD1-14-028-10-09 "Drain Control Structures Monte Cristo & Weslaco North Lateral". M-5 Texas Enterprises in the amount of $384,016.00.
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
- CO 4 IPR Rado Drain
- Gateway Printing
- Drain Structures Rec. Letter TEDSI
- SA No. 1 Dos Logistics Alamo Lateral
- SA No. 1 R. Gutierrez
- SA No. 1 Dos Logistics La Blanca
- Superior Alarms
- Unifirst HCDD1 Uniforms
- WA No. 1 Dos Logistics Alamo Lateral
- WA No. 1 Dos Logistics
- WA No. 2 Dos Logistics La Blanca
- WA No. 2 Dos Logistics Alamo Lateral
- WA No. 3 R. Gutierrez
- WA No. 3 Dos Logistics La Blanca
- WA No. 3 Dos Logistics Alamo Lateral
This Item was discussed during Open Session.
Mr. Garza stated that the appraised value of the property is $8,786.00 in which they have a negotiated counter offer of $10,786.00. He would like the Board to consider accepting the counter offer and closing on the property.
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
At this time, Judge Garcia recessed the meeting for Items 8, 9, 10, and 11 to be discussed once Mr. Ramirez joined the meeting.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Judge Garcia explained that the Drainage District is in an attempt to refinance/refund the Bonds to save approximately $650,000.00. The issue was the time constraint and whom had the authority to proceed with the process. Mr. Noe Hinojosa, Hidalgo County Financial Advisor from Estrada and Hinojosa, explained that the transaction needs to be done by December 31, 2014. He explained the process is lengthy; therefore, it needs to get started as soon as possible. At this time, Judge Garcia decided to call Mr. Chuy Ramirez, Bond Counsel, to obtain his opinion and guidance regarding the issue. When Judge Garcia returned, he stated that Mr. Ramirez would be arriving to the meeting shortly and requested a motion to proceed to Executive Session.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Mr. Chuy Ramirez, Bond Counsel, recommended action take place on this Item because it would initiate the process of refunding. He stated the other items on the agenda are no longer viable at this time. He continued by saying that by adopting the order, it would give them the opportunity to legally address the issue immediately.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS , seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS , the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Joe Flores stepped away from the meeting.
Mr. Ramirez suggested that he meet with the Districts staff and counsel to determine whether they can proceed without a financial advisor or is there a legally binding relationship with a financial advisor. Judge Garcia commented that there probably is with First Southwest. The question arose on whether there is still a binding contract between First Southwest and the County. Confirmation was yet to be determined.
The Board proceeded to adjourn.
NO ACTION taken on this Item.
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
NO ACTION on Items 12.A and 12.B.
NO ACTION on 13.A and 13.B.
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 Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 28th day of October, 2014
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on October 28, 2014.
Signed this 28th day of October 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
