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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - October 28, 2014

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:

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:

 
1.
 
Roll Call

All members of the Board were counted present.
 
2.
 
Open Forum

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.
 
3.
 
Approval of Consent Agenda

The Board moved to approve the Consent Agenda.
 
4.
AI -47022
Approval of Interlocal Cooperation Agreement Between Delta Lake Irrigation District And Hidalgo County Drainage District #1 as it relates to drainage improvements to a portion of the ROW. 
 

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

 
5.
AI -47107
A.) Requesting approval to purchase uniforms for HCDD1 employees from Unifirst through the District's membership with NJPA (National Joint Powers Alliance) Contract No. 012111-UFC.  

      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    
 
6.
AI -47062
Discussion and approval of counter offer as it relates to J-09 drainage project land acquisition of parcel #57. 

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.
 
7.
AI -47165
Discussion, Consideration and Approval regarding Hidalgo County Drainage District #1 Investment Policy per Chapter 2256.005(e) of the Local Government Code. 
 

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

 
8.
AI -47175
Approval of Amendment to Amended and Restated Interlocal Cooperation Agreement between Hidalgo County and Drainage District #1

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.
 
9.
AI -47159
Pursuant to Texas Water Code  Chapter / Section 49.057 Management of the District, (a) and (d) related to contracting and selection of a Financial Advisor, the District shall follow the procedures provided in Subchapter A, Chapter 2254, Government Code (Professional Services Procurement Act).    Acceptance and  approval to select Estrada Hinojosa & Company., Inc. as Financial Advisor to the District and direct staff to negotiate contract for such services confirming compliance with those provision set forth in Government Code 2254.004 (1) on the basis of demonstrated competence and qualification to perform services; and (2) for the fair and reasonable price (fees permitted by law).

NO ACTION taken on this Item.
 
10.
AI -47153
Consideration  and approval  an order authorizing the issuance, sale and delivery of Hidalgo County Drainage District #1 Unlimited Tax Refunding Bonds, Series 2014; delegating certain authority to the County Judge and the Financial Officer of the District pursuant to the provisions of Texas Government Code, Sections 1207.007 and 1207.008; levying a continuing direct annual ad valorem tax; authorizing the refunding of certain outstanding bonds; authorizing the execution of a bond purchase contract; approving an official statement, execution of an escrow and trust agreement, and making other provisions regarding such bonds and matters incident thereto.”

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.
 
11.
AI -47173
Requesting approval to advertise for RFQ/P for Financial Advisor for Drainage District #1

NO ACTION taken on this Item.
 
12.
 
Closed Session:
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

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or Potential Litigation

NO ACTION on Items 12.A and 12.B.
 
13.
 
Open Session:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or Potential Litigation

NO ACTION on 13.A and 13.B.
 
14.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
15.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
16.
 
Adjourn
 

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

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 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