SPECIAL MEETING - August 22, 2017
BE IT REMEMBERED, that on this 22nd day of August A.D., 2017, 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 DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 August 22, 2017 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
Board Member Joe M. Flores was not present at the meeting.
Board Member Joe M. Flores was not present at the meeting.
2.
Prayer
Raul Sesin led the courtroom in Prayer.
Raul Sesin led the courtroom in Prayer.
3.
Open Forum
1) Board members were invited to an event to hear proposed assessments for fair housing on behalf of LUPE, ARISE and Texas Local Housing Information Services, on Thursday, September 14, 2017 at the LUPE union hall.
2) Norma Aldape from LUPE, thanked Drainage Director Raul Sesin for assisting in the drainage improvements
1) Board members were invited to an event to hear proposed assessments for fair housing on behalf of LUPE, ARISE and Texas Local Housing Information Services, on Thursday, September 14, 2017 at the LUPE union hall.
2) Norma Aldape from LUPE, thanked Drainage Director Raul Sesin for assisting in the drainage improvements
Attachments:
4.
Approval of Consent Agenda
The board moved to approve the entire consent agenda.
The board moved to approve the entire consent agenda.
5.
AI -61209
A. Submission of 2017 effective and rollback tax rates.
B. Discussion of 2017 planning calendar.
C. Discussion of 2017 tax rates
Sesin informed that the proposed tax rate is of $0.0951
D. Record vote on proposed 2017 tax rate and schedule two (2) public hearings if proposed tax rate exceeds the lower of the effective or rollback rates.
Pablo "Paul" Villarreal, Tax Assessor and Collector explained that because they are proposing the same tax rate as last year, it is above the effective tax rate, they have to schedule two public hearings.
September 5, 2017 will be the first public hearing and September 19, 2017 second hearing.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B. Discussion of 2017 planning calendar.
C. Discussion of 2017 tax rates
Sesin informed that the proposed tax rate is of $0.0951
D. Record vote on proposed 2017 tax rate and schedule two (2) public hearings if proposed tax rate exceeds the lower of the effective or rollback rates.
Pablo "Paul" Villarreal, Tax Assessor and Collector explained that because they are proposing the same tax rate as last year, it is above the effective tax rate, they have to schedule two public hearings.
September 5, 2017 will be the first public hearing and September 19, 2017 second hearing.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
6.
AI -61261
Discussion on Hidalgo County Drainage District No.1 projects, maintenance and operations:
A.) West Main Drain Control Structure (Pct. 4)
Fully completed structure in 2015 with an invested amount of $186,000
B.) Monte Cristo Drain Control Structure (Pct. 1 & 4)
Structure part of the bond projects, originally consulted out but the district eventually took over and redesign it. They installed the ultimate design control structure, they placed triple 10 x 7 boxes. Project is 100% complete.
C.) Weslaco North Lateral Control Structure (Pct. 1)
Lateral that leads to the main drain, fully constructed bond project.
D.) FEMA meeting 08/03/2017
Sesin reported on the August 3 meeting they held with FEMA and IBWC representatives to discuss accreditation issues they have with the levees. According to Sesin, IBWC is working on the certification of the levees, the district will then submit data to FEMA for evaluation and get levees credited. The director approximates that the evaluation will began this upcoming year.
A.) West Main Drain Control Structure (Pct. 4)
Fully completed structure in 2015 with an invested amount of $186,000
B.) Monte Cristo Drain Control Structure (Pct. 1 & 4)
Structure part of the bond projects, originally consulted out but the district eventually took over and redesign it. They installed the ultimate design control structure, they placed triple 10 x 7 boxes. Project is 100% complete.
C.) Weslaco North Lateral Control Structure (Pct. 1)
Lateral that leads to the main drain, fully constructed bond project.
D.) FEMA meeting 08/03/2017
Sesin reported on the August 3 meeting they held with FEMA and IBWC representatives to discuss accreditation issues they have with the levees. According to Sesin, IBWC is working on the certification of the levees, the district will then submit data to FEMA for evaluation and get levees credited. The director approximates that the evaluation will began this upcoming year.
7.
AI -61149
Requesting approval of closing documents for Parcel 11 as it relates to the Cesar Chavez Drainage Project Phase II and authority of the Chairman of the Board to execute documents.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
8.
AI -61243
Requesting approval of closing documents for Parcel 7 as it relates to Cesar Chavez Drain Ph II and authority for the Chairman of the Board to execute documents, pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
9.
AI -61238
A.) Requesting approval of closing documents for Parcel 8 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
B.) Requesting approval of closing documents for Parcel 9 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
C.) Requesting approval of closing documents for Parcel 10 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
D.) Requesting approval of closing documents for Parcel 18 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
E.) Requesting approval of closing documents for Parcel 21 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on A to E.
Vote: 4 - 0 – Unanimously
B.) Requesting approval of closing documents for Parcel 9 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
C.) Requesting approval of closing documents for Parcel 10 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
D.) Requesting approval of closing documents for Parcel 18 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
E.) Requesting approval of closing documents for Parcel 21 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on A to E.
Vote: 4 - 0 – Unanimously
10.
AI -61239
A) Requesting approval to rescind action taken on 2/21/17 AI# 58605 (B) relating to Donation Deed from STT Land Co, LTD, 15.0' Drainage easement as it relates to Military Rd. Outfall Project.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B) Requesting acceptance and approval of Donation Deed from STT Land CO, LTD by its General Partner South Texas Turf Management Trust, Hector Guerra Jr, as it relates to Military Rd. Outfall project. Pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
C) Requesting acceptance and approval of Drainage Easement document from STT Land CO, LTD by its General Partner South Texas Turf Management Trust, Hector Guerra Jr, as it relates to Military Rd. Outfall project. Pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B) Requesting acceptance and approval of Donation Deed from STT Land CO, LTD by its General Partner South Texas Turf Management Trust, Hector Guerra Jr, as it relates to Military Rd. Outfall project. Pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
C) Requesting acceptance and approval of Drainage Easement document from STT Land CO, LTD by its General Partner South Texas Turf Management Trust, Hector Guerra Jr, as it relates to Military Rd. Outfall project. Pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
11.
AI -61236
Requesting acceptance and approval of donation deed from Sandoval Development, LP as it relates to the Sunset Valley Ph 4 development and the South Donna Drain Ditch, pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
12.
AI -61240
Requesting approval of Interlocal Cooperation agreement with the City of Mission as it relates to the Perezville Drain. (Subject to final legal review)
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
13.
AI -61242
Requesting approval of Interlocal Cooperation Agreement with Hidalgo County Irrigation District No.5 as it relates to maintenance of existing drainage system. (Subject to final legal review)
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
14.
AI -61247
2013 Bonds
Budget 300-J-09 Project Pct.4
Approval to issue payment on the following item:
Invoice No. PP1-6-10 2017 in the amount of $117,638.32 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project (Pay Periods 6 through 10 of 2017).
Project Engineer: Tedsi Infrastructure Group
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Budget 300-J-09 Project Pct.4
Approval to issue payment on the following item:
Invoice No. PP1-6-10 2017 in the amount of $117,638.32 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project (Pay Periods 6 through 10 of 2017).
Project Engineer: Tedsi Infrastructure Group
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
15.
AI -61250
2013 Bond Projects
Budget: 365-Rural Drainage Development Pct.1
Approval of Application for Payment No. 1 in the amount of $163, 581.75 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-17-015-04-18 Pct.1 Mile 13 1/2 and FM 1015 Area Drainage Improvement Ph. 2&3.
Project Engineer: Urban Infrastructure Group, Inc.
PO#632014
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4- 0 - Unanimously
Budget: 365-Rural Drainage Development Pct.1
Approval of Application for Payment No. 1 in the amount of $163, 581.75 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-17-015-04-18 Pct.1 Mile 13 1/2 and FM 1015 Area Drainage Improvement Ph. 2&3.
Project Engineer: Urban Infrastructure Group, Inc.
PO#632014
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4- 0 - Unanimously
Attachments:
16.
AI -61262
Requesting approval for a 15' NAWSC Easement as it relates to HCDD#1 property ID 1051981 and authority for the Chairman of the Board to execute documents, pending final legal review.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
17.
AI -61198
A. Acceptance and approval of Grant Agreement between Texas Water Development Board (TWDB) and Hidalgo County Drainage District No. 1. for a $4,500,000 grant TWDB Contract No. G1000667 pursuant to Rider No.27 of the General Appropriation's Act.
Board Member Joseph Palacios credited Senator Juan "Chuy" Hinojosa and State Representative Terry Canales for all their delegation to assist the county. According to Palacios, this is not the first allotment they have obtained, currently, they have $9.5 million from state funds and about $16.5 million of none local dollars to advance projects. The recent $4.5 million that was acquired will begin construction from Faysville to the outfall. Palacios underlined that his motion will be with the condition that most of those funds go to construction.
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 with the condistion that most of the funds go to construction.
Vote: 4 - 0 – Unanimously
Board Member David Fuentes acknowledged all the work done by Board Member Palacios and the Drainage Director Raul Sesin.
B. Approval and authorization for Chairman of the Board of Directors to execute the the District's "Authorized Representative Agreement Execution Resolution" for Texas Water Development Board,
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Board Member Joseph Palacios credited Senator Juan "Chuy" Hinojosa and State Representative Terry Canales for all their delegation to assist the county. According to Palacios, this is not the first allotment they have obtained, currently, they have $9.5 million from state funds and about $16.5 million of none local dollars to advance projects. The recent $4.5 million that was acquired will begin construction from Faysville to the outfall. Palacios underlined that his motion will be with the condition that most of those funds go to construction.
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 with the condistion that most of the funds go to construction.
Vote: 4 - 0 – Unanimously
Board Member David Fuentes acknowledged all the work done by Board Member Palacios and the Drainage Director Raul Sesin.
B. Approval and authorization for Chairman of the Board of Directors to execute the the District's "Authorized Representative Agreement Execution Resolution" for Texas Water Development Board,
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
18.
AI -61270
In accordance with Water Code Section 49.057 and Subchapter A of Government Code, Section 2254, requesting approval to select and award the firm of Locke Lord, LLP, Attorneys and Counselors for the provision of professional legal services/representation specifically Garner Pate as Special Counsel to Hidalgo County Drainage District No 1 in connection with the 2012 Bond Election and Bond Resolution, and acceptance and approval of letter of engagement.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 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. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
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. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
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.
20.
Open Session:
A.
Real Estate Acquisition
Proceed as Directed.
Proceed as Directed.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
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.
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.
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, 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 22nd day of August, 2017
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 August 22, 2017.
Signed this 22nd day of AUGUST 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 22nd day of August, 2017
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 August 22, 2017.
Signed this 22nd day of AUGUST 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy