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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - June 23, 2015

BE IT REMEMBERED, that on this 23rd day of June 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
June 23, 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 for the exception of Commissioner Joe Flores.
 
2.
 
Prayer

Raul Sesin led the Board and the Audience in Prayer.
 
3.
 
Open Forum

No one came forward under Open Forum.
 
4.
 
Approval of Consent Agenda

The Board moved to approve the Consent Agenda.
 
5.
 
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations

Mr. Sesin presented the board with an update of the latest rain events that severely affected parts of Hidalgo County. He introduced a map showing the most affected areas, in which he also pointed out the main damaged sections. He went on by reminding the board that, Drainage District together with the precincts have been doing their best efforts to maintain the ditches clear and working efficiently.
 
6.
AI -50195
Approval for Amendment To Interlocal Cooperative Agreement Between Hidalgo County Drainage District No. 1 and Hidalgo County as it relates to District Payroll Services for District Employees.

Mr. Sesin proposed to the board to consider the possibility of having the Treasurer’s Office manage their payroll. He pointed out that this would be a more efficient way, since the Treasurer’s Office already handles the payroll for Hidalgo County and Urban County. 

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
7.
AI -50164
A.) Requesting approval of Right of Entry Request from RODS Surveying, Inc. as it relates to TXDOT proposed realignment of Sharp Road at FM 1925 in Edinburg, TX. Lot 9 Block 92 7.57AC GR 7.32 AC Net.  

B.) Requesting approval of Right of Entry Request from RODS Surveying Inc. as it relates to TXDOT proposed realignment of Sharp Road at FM 1925 in Edinburg, TX.  Lot 9 Block 92 1.38AC. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval on 7.A and B.

Vote:4 - 0 -Unanimously
 
8.
AI -50206
Requesting approval to accept Settlement Check No. 5312190 in the amount of $8,672.63 from TML Intergovernmental Risk Pool for mobile equipment damage claim.   

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
Attachments:
 
9.
AI -50168
 Requesting approval of the District's 2014/2015 Liability - Property Re-Rate Exposure summary with Texas Municipal League (TML) for General Liability, Errors and Omissions, Auto Liability, Physical Damage, Property Equipment Schedule and Workers Compensation.  

At this time, Commissioner Flores joined the meeting.

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
10.
AI -50184
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 obligation to the investing public as set forth by the provisions of the Securities and Exchange Commission Rule 15c2-12.  Contingent upon review from Legal.

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
11.
AI -50169
 A.) Requesting approval to utilize the District's option to extend Service Contract No. HCDD1-14-013-06-30A "Hauling of Dirt with an Option to Load" for one (1) additional year under the same rates, terms and conditions.
 
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B.) Requesting approval to utilize the District's option to extend Service Contract No. HCDD1-14-014-06-30B "Hauling Services - Cement Rip Rap" for one (1) additional year under the same rates, terms and conditions. 

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
12.
AI -50158
A.)  Requesting approval of Hidalgo County Drainage District No.1 Pipeline and Utility Permit Application Packet.  

Mr. Sesin indicated that there would be more detail information added to the packet that is currently being use, making it easier for anyone wanting to apply for any type of utility permit. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

B.)  Requesting approval of Hidalgo County Drainage District No. 1 Employee Performance Review Form.   

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

C.)  Discussion and approval of District's Construction Payment Guide and related exhibits to become part of District's procedural forms when processing construction payments.

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
 
13.
AI -50226
Request approval to issue manual payment on the following items:
Application for Payment No. 4 in the amount of $11,700.00 from Texas Cordia Construction, LLC  related to Construction Contract No. HCDD1-14-008-07-08 Pct.2 Alamo Expressway Drain.  Project Engineer: DOS Logistics, Inc. 

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
14.
AI -49917
Request approval to issue payment as a claim on the following items for professional services performed by Tedsi Infrastructure Group, LTD for Construction Ph.1, Inspection, Management and Review of Sub-Consultant Services for the J-09 Lateral Drain Revisions.  

These services were provided outside of Scope "B" Services provided by Engineer from Agreement for Professional Engineering Services for the Master Drain System Phase 2 Laterals Pct.1 & 4 approved by Board on March 23, 2004.

A) Invoice No. 20141953 in the amount of $15,037.26 for Service Period May 2014.
B) Invoice No. 20142003 in the amount of $7,346.58 for Service Period June 2014. 
C) Invoice No. 20142046 in the amount of $31,474.40 for Service Period July 2014. 
D) Invoice No. 20142088 in the amount of $8,320.00 for Service Period August 2014.
E) Invoice No. 20142122 in the amount of $8,320.00 for Service Period September 2014.
F) Invoice No. 20152313 in the amount of $1,214.40 for Service Period Oct-2014/Apr-2015. 

Mr. Sesin mentioned that the master contract did not include these services; therefore they issue an amended contract to include those types of service then issue the work authorization. He further indicated that the work had been done for right away acquisition and negotiation services, for the J-09 Project. Mr. Sesin and Marc Lupher, from Tedsi Infrastructure Group, indicated that the Drainage District pays between Four Thousand Dollars and Five Thousand Dollars.  

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
 
15.
AI -49562
2013 Bonds:
Request approval to issue payment as a claim on the following items for professional services performed by TEDSI Infrastructure Group, LTD for General Contract Management  GLO Review - Right of Way Data Services for East Lateral Drain Project located in Pct.1.

(These services were provided outside of Scope B-Services provided by the engineer from Agreement for Professional Engineering Services for the Master Drain System Phase 2 Laterals Pct.1 & 4 approved by Board on March 23, 2004.) 

A) Inv No. 20142109 in the amount of $8,551.18 for Service Period September 2014.
B) Inv No. 20142143 in the amount of $8,299.99 for Service Period October 2014.
C) Inv No. 20142202 in the amount of $4,366.26 for Service Period Nov/Dec 2014.
D) Inv No. 20152274 in the amount of $5,354.02 for Service Period Jan/Feb 2015.
E) Inv No. 20152304 in the amount of $   737.23 for Service Period March 2015.

Mr. Sesin indicated that they are going to go back to the specific contract and issue a contract for that specific work project, in order to avoid any other misunderstandings. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
16.
AI -50177
2013 BOND SERIES / RURAL DRAINAGE DEVELOPMENT

A.) Requesting approval to advertise for RFB No. HCDD1-15-009-07-22A "Pct. 4 - Hoehn Road Area Drainage and Road Improvements".

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

B.) Requesting approval to advertise for RFB No. HCDD1-15-010-0722B " Pct. 4 - Tower Rd. & Mile 17 1/2 Area Drainage Improvements Including Bandera Estates, Tower Heights and Four Queens Subdivisions". 

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
 
17.
AI -50138
2013 Bond Series Construction Payments:
A.)  Application for Payment No. 2 in the amount of $79,268.22 from Rojas Construction & Paving related to Construction Contract No. HCDD1-14-011-04-029 Pct.4 North Seminary Drainage.  Project Engineer: Quintanilla Headlley & Associates.

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

B.)  Application for Payment No. 5 in the amount of $17,262.00 from Texas Cordia Construction , LLC. related to Construction Contract No. HCDD1-14-004-02-11 Pct.4 Edinburg  Drain Stub Out to South Main Drain  Project.  Project Engineer: Guzman & Muñoz Engineering & Surveying Inc.

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
 
18.
AI -50176
2013 Bond Series
A.) Requesting approval to rescind action taken by the Board of Directors on April 28, 2015; Agenda Item No. 49387(J).  

Mr. Sesin mentioned that this work authorization was issued in order to correct a previous work authorization.

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B.) Requesting approval of Work Authorization No. 6A in the amount of $322,499.65 with L&G Engineering as it relates to Schematic, Right of Way Map, Hydrologic Map and Right of Way Acquisition for La Joya Watershed Improvement Project. 

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
 
19.
 
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 BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board a 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 19.A. and 19.B.
 
20.
 
Open Session:

Board Member A.C. Cuellar, Jr. was not present for Open Session.
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or Potential Litigation

Proceed as directed.
 
21.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
22.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
23.
 
Adjourn

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, 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 23rd day of June, 2015

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on JUNE 23, 2015.

Signed this 23rd day of JUNE 2015




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Norma G. Cantu, Deputy