SPECIAL MEETING - April 24, 2018
BE IT REMEMBERED, that on this 24th day of April A.D., 2018, 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 JOE M. FLORES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 |
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 April 24, 2018 9:00 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
Board Member Joseph Palacios was the only absentee.
Board Member Joseph Palacios was the only absentee.
2.
Prayer
Opening prayer offered by Raul Sesin.
Opening prayer offered by Raul Sesin.
3.
Open Forum
- K.C. Fletcher spoke about the progress regarding the linear park in precinct 2. Fletcher said people are using the park regarding the current work.
- Hilda Torrez from La Union Del Pueblo Entero (LUPE), asked the board to provide translation during the board meetings.
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 -64580
Requesting approval of closing documents for Parcel 3 & E-5 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
6.
AI -64605
A. Requesting approval/authorization to Rescind action taken by the Board on April 17, 2018 (AI-64490) to award the project: "J-09 Drain Improvements Phase II -Roadway & Field Crossing (RFB# HCDD1-18-015-03-28), to Mor-Wil, LLC, due to vendor reported a mistake on bid submitted.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Requesting approval to accept bid and award a Construction Contract to second lowest and best bidder meeting all specified requirements for RFB No. HCDD1-18-015-03-28, “J-09 Drain Improvements Phase II -Roadway & Field Crossings" in the total amount $516,587.00, to Rigney Construction, LLC, as recommended by project engineer TEDSI Infrastructure Group. (subject to Legal Approval and Compliance with HB1295).
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Sesin disclosed to that the difference is of $19,513
C. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Requesting approval to accept bid and award a Construction Contract to second lowest and best bidder meeting all specified requirements for RFB No. HCDD1-18-015-03-28, “J-09 Drain Improvements Phase II -Roadway & Field Crossings" in the total amount $516,587.00, to Rigney Construction, LLC, as recommended by project engineer TEDSI Infrastructure Group. (subject to Legal Approval and Compliance with HB1295).
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Sesin disclosed to that the difference is of $19,513
C. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
7.
AI -64624
Approval of budget amendment adjustment to the Capital Projects Fund 133-2013 Bond Series available balance in the 2018 budget as approved on February 20, 2018 with Agenda Item No. 63788.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
8.
AI -64629
A. Approval of Budget Amendment to transfer out $650,000 from the District's General Fund to Capital Project's fund 130 building account, as needed for the award of construction contract for the District's Administrative Building.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Approval of Budget Amendment from Capital Project Fund 133- 2013 Bond Projects to transfer out of the contingencies account $2,352,000 into the J-09, East Donna Drain, Rado, and Precinct 1 Rural Drainage Developments Projects.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Approval of Budget Amendment from Capital Project Fund 133- 2013 Bond Projects to transfer out of the contingencies account $2,352,000 into the J-09, East Donna Drain, Rado, and Precinct 1 Rural Drainage Developments Projects.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
9.
AI -64615
Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2, for Contract No. C-17-014-06-27 "Delta Regional Water Management Project" with L&G Consulting Engineers, Inc., to reflect additional scope of services, shift of previously approved proposal fees to cover the cost of the additional services, and updated work schedule.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
The board proceeded to Item.11.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
The board proceeded to Item.11.
Attachments:
10.
AI -64623
A. 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 Blanchard Law Firm for the provision of professional legal services / representation in connection with Hidalgo County Drainage District No. 1 v. Integ Corporation, et. al. Appellate cause no. 13-18-00123CV and authority to submit letter of engagement (subject to compliance with HB 1295)
Raul Sesin read: Subject to compliance with HB 1295 and legal council 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
B. 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 Watts Guerra LLP. & Blanchard Law Firm for the provision of professional legal services / representation in connection with on-going litigation and to pursue all remedies available to the District regarding Hidalgo County Drainage District No. 1 v. Integ Corporation, et. al. and authority to submit letter of engagement (subject to compliance with HB 1295)
Raul Sesin read: Subject to compliance with HB 1295 and 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. Discussion, consideration and action on an Order authorizing legal service for Litigation with Watts Guerra, LLP. & Blanchard Law Firm.
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
D. Discussion, consideration and action on a Contract authorizing legal services for Litigation with Watts Guerra, LLP. & Blanchard Law Firm.
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
Raul Sesin read: Subject to compliance with HB 1295 and legal council 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
B. 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 Watts Guerra LLP. & Blanchard Law Firm for the provision of professional legal services / representation in connection with on-going litigation and to pursue all remedies available to the District regarding Hidalgo County Drainage District No. 1 v. Integ Corporation, et. al. and authority to submit letter of engagement (subject to compliance with HB 1295)
Raul Sesin read: Subject to compliance with HB 1295 and 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. Discussion, consideration and action on an Order authorizing legal service for Litigation with Watts Guerra, LLP. & Blanchard Law Firm.
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
D. Discussion, consideration and action on a Contract authorizing legal services for Litigation with Watts Guerra, LLP. & Blanchard Law Firm.
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
11.
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, 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.
C.
AI -64617
Discussion of Attorney-Client privileged information with respect to professional legal services for Hidalgo County Drainage District No. 1 v. Integ Corporation et.al. and Appellate Cause No. 13-18-00123-CV.
No action taken on this item.
No action taken on this item.
12.
Open Session:
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.
C.
AI -64622
Discussion of Attorney-Client privileged information with respect to professional legal services for Hidalgo County Drainage District No. 1 v. Integ Corporation et.al. and Appellate Cause No. 13-18-00123-CV.
Proceed as Directed.
The board proceeded back to Item.10.
Proceed as Directed.
The board proceeded back to Item.10.
13.
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.
14.
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.
15.
Adjourn
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
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 24th day of April, 2018
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 April 24, 2018.
Signed this 24th day of APRIL 2018
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 24th day of April, 2018
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 April 24, 2018.
Signed this 24th day of APRIL 2018
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy