SPECIAL MEETING - May 19, 2015
BE IT REMEMBERED, that on this 19th day of May A.D., 2015, 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 EDUARDO "EDDIE" CANTU 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 May 19, 2015 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.
Prayer
Raul Sesin led the Board and Audience in Prayer.
Raul Sesin led the Board and Audience in Prayer.
3.
Open Forum
No Open Forum discussions.
No Open Forum discussions.
4.
Approval of Consent Agenda
The Board moved to approve the Consent Agenda.
The Board moved to approve the Consent Agenda.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
Commissioner Joe Flores joined the meeting.
Mr. Sesin presented a slideshow indicating the areas that were affected by flooding in Faysville. Approximately 8 - 10 families were evacuated during this event. Due to the first heavy rainfall three weeks ago, the soil was already saturated, causing the areas to flood significantly during the rainfall this past weekend. They have been working collaboratively with other entities to address these conditions. Commissioner Palacios commented that the flooding is a result of multiple rain events that poured extreme amounts of water in these low lying areas. Mr. Sesin informed the Board of the current drainage improvement projects in progress in different areas of the county.
Commissioner Joe Flores joined the meeting.
Mr. Sesin presented a slideshow indicating the areas that were affected by flooding in Faysville. Approximately 8 - 10 families were evacuated during this event. Due to the first heavy rainfall three weeks ago, the soil was already saturated, causing the areas to flood significantly during the rainfall this past weekend. They have been working collaboratively with other entities to address these conditions. Commissioner Palacios commented that the flooding is a result of multiple rain events that poured extreme amounts of water in these low lying areas. Mr. Sesin informed the Board of the current drainage improvement projects in progress in different areas of the county.
6.
AI -49574
2013 Bond Series:
Approval of Offer Acceptance for parcel #24 in relation to J-09 drainage improvement project.
Commissioner Joseph Palacios stepped away from the meeting.
Mr. Sesin informed the Board that the offer accepted by the owner was in the amount of $69,238.00.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Approval of Offer Acceptance for parcel #24 in relation to J-09 drainage improvement project.
Commissioner Joseph Palacios stepped away from the meeting.
Mr. Sesin informed the Board that the offer accepted by the owner was in the amount of $69,238.00.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
7.
AI -49682
BOND SERIES
Requesting approval to accept bids and approval to award Construction Contract in the amount of $196,404.00 to lowest bidder meeting all specified requirements for RFB No. HCDD1-15-007-04-29B "Pct. 1 - Delta West Rural Development Drainage Improvements Project". PEGA JPS Utilities, LLC.
Requesting approval to accept bids and approval to award Construction Contract in the amount of $196,404.00 to lowest bidder meeting all specified requirements for RFB No. HCDD1-15-007-04-29B "Pct. 1 - Delta West Rural Development Drainage Improvements Project". PEGA JPS Utilities, LLC.
On motion by BOARD MEMBER, A.C. CUELLAR, JR., seconded by BOARD MEMBER, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
8.
AI -49692
A. Requesting approval of proposed plans for State Highway SH 364 (La Homa Rd.) between SH 495 (Mile 1) to FM 1924 (Mile 3).
B. Requesting approval of proposed plans for State Highway Improvement FM 1925 ( Monte Cristo Rd) from 0.13 Mi. East of Kenyon Rd. to 0.21 Mi. East of FM 907 (Alamo Rd.)
C. Requesting approval of proposed plans for State Highway Improvement for U.S. 83 from 0.85 Mi. E. of FM 886 (El Faro Rd) to 0.28 Mi. W. of Showers Rd.
B. Requesting approval of proposed plans for State Highway Improvement FM 1925 ( Monte Cristo Rd) from 0.13 Mi. East of Kenyon Rd. to 0.21 Mi. East of FM 907 (Alamo Rd.)
C. Requesting approval of proposed plans for State Highway Improvement for U.S. 83 from 0.85 Mi. E. of FM 886 (El Faro Rd) to 0.28 Mi. W. of Showers Rd.
On motion by BOARD MEMBER, JOE M. FLORES, seconded by BOARD MEMBER, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval of Items A,B, and C.
Vote: 4 - 0 - Unanimously
Attachments:
9.
AI -49657
Reapprove an order authorizing the purchase and acquisition of certain personal property and the financing thereof; approving certain installment purchase terms under the authority of Section 271.001 et seq., Local Government Code and Section 56.242, Texas Water Code; authorizing a maximum loan in the principal amount of four hundred six thousand nine hundred eighty dollars ($406,980) payable from available funds from Hidalgo County Drainage District No. 1, subject to annual appropriation; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; and approving other matters incident thereto.
Commissioner Joseph Palacios joined the meeting.
Ms. Briones informed the Board that the purpose of re-approving the order is to set a date for the purposes of filing an 8038G, which was not filed previously. This would make interest tax exempt under Treasury regulations.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Joseph Palacios joined the meeting.
Ms. Briones informed the Board that the purpose of re-approving the order is to set a date for the purposes of filing an 8038G, which was not filed previously. This would make interest tax exempt under Treasury regulations.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
10.
AI -49708
A. Request approval to issue manual payment after review and audit procedures are complete:
1. Application for Payment No. 2-Final in the amount of $71,170.85 from Rojas Construction & Paving for Construction Contract No. HCDD1-13-021-04-29B. Project Engineer: R. Gutierrez Engineering, Corp.
On motion by BOARD MEMBER PCT.3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
2. Request approval of Certificate of Substantial Completion for Construction Contract No. HCDD1-13-021-04-29B-FM 495 Drain-Wisconsin Road Crossing. Project Engineer: R. Gutierrez Engineering, Corp.
On motion by BOARD MEMBER PCT.3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
3. Application for Payment No. 1 in the amount of $136,860.84 from Rojas Construction & Paving for Construction Contract No. HCDD1-14-011-04-029-Pct.4 North Seminary Road. Project Engineer: Alfonso Quintanilla.
1. Application for Payment No. 2-Final in the amount of $71,170.85 from Rojas Construction & Paving for Construction Contract No. HCDD1-13-021-04-29B. Project Engineer: R. Gutierrez Engineering, Corp.
On motion by BOARD MEMBER PCT.3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
2. Request approval of Certificate of Substantial Completion for Construction Contract No. HCDD1-13-021-04-29B-FM 495 Drain-Wisconsin Road Crossing. Project Engineer: R. Gutierrez Engineering, Corp.
On motion by BOARD MEMBER PCT.3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
3. Application for Payment No. 1 in the amount of $136,860.84 from Rojas Construction & Paving for Construction Contract No. HCDD1-14-011-04-029-Pct.4 North Seminary Road. Project Engineer: Alfonso Quintanilla.
On motion by BOARD MEMBER PCT.3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
11.
AI -49719
Request approval of an Agreement between the District and First southwest, LLC, for Continuing Disclosure Services. First Southwest will assist the District with continuing disclosure obligations to the investing public as set forth by the provisions of the Securities and Exchange Commission Rule 15c2-12. Pending review from Legal.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Attachments:
12.
AI -49594
Pursuant to the current Letter of Engagement with The Lee Law Firm, acceptance of report to the original work assignment as specified in the original Letter of Engagement for the provision of "Professional Legal Services-Review and report-Agreement between Hidalgo County Drainage District No.1 and Integ Corporation".
Mrs. Salazar the item be recessed to allow more time to review the item.
The Board proceeded to Executive Session.
As the Board returned to this Item after Commissioners' Court recessed meeting, Mr. Crain requested they return to Executive Session.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Mrs. Salazar the item be recessed to allow more time to review the item.
The Board proceeded to Executive Session.
As the Board returned to this Item after Commissioners' Court recessed meeting, Mr. Crain requested they return to Executive Session.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
The Board proceeded to Adjourn.
Attachments:
13.
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:
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 BOARD MEMBER, A.C. CUELLAR, JR., seconded by BOARD MEMBER, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
NO ACTION taken on Items 13.A and 13.B.
NO ACTION taken on Items 13.A and 13.B.
14.
Open Session:
A.
Real Estate Acquisition
Proceed as directed.
Proceed as directed.
B.
Pending and/or Potential Litigation
NO ACTION taken on this item.
The Board recessed the meeting and proceeded with Commissioners' Court.
NO ACTION taken on this item.
The Board recessed the meeting and proceeded with Commissioners' Court.
15.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
On motion by BOARD MEMBER PCT.1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 Unanimously
After returning from Executive Session, the Board proceeded to Item 12.
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
On motion by BOARD MEMBER PCT.1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 Unanimously
After returning from Executive Session, the Board proceeded to Item 12.
16.
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.
17.
Adjourn
On motion by BOARD MEMBER, JOSEPH PALACIOS, seconded by BOARD MEMBER, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
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 19th day of May, 2015
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 MAY 19, 2015.
Signed this 19th day of MAY 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 19th day of May, 2015
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 MAY 19, 2015.
Signed this 19th day of MAY 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy