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Minutes for DRAINAGE DISTRICT SPECIAL

SPECIAL MEETING - September 3, 2019

BE IT REMEMBERED, that on this 3rd day of September A.D., 2019, 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 RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
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
September 3, 2019
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

Chairman Richard Cortez called the meeting to order at 9:04 a.m.

Board Member Joe Flores was not present for the meeting.
 
2.
 
Prayer

Opening prayer was offered by Raul Sesin.
 
3.
 
Open Forum

No action taken on this item.
 
4.
 
Approval of Consent Agenda

The court moved to approve the entire consent agenda.

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

Vote: 4 - 0 -Unanimously
 
5.
 
General Operations:
 
A.
AI -72003
First Public Hearing on 2019 Proposed Tax Rate of $.1051 per $100.00 valuation for Hidalgo County Drainage District No. 1  2020 budget. 

Judge Richard Cortez opened the floor for public comments at 9:06 a.m. 
Fern McClaugherty raised concerns on the tax increase and encourages the Board to only raise the rate by what is absolutely necessary.
Judge Richard Cortez closed the public hearing.
 
B.
AI -72079
Update on comments submitted to the Texas Water Development Board as it pertains to the implementation of Flood Legislation from the 86th Texas Legislative Session.

Raul Sesin updated the Board on the correspondence submitted to the Texas Water Development Board.  He will provide the community with a link to the information on the Drainage Districts website.  He also will look into ways to educate the public on the importance of this proposition.
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -72039
1. Requesting approval to accept bids and award a Construction Contract to the lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for the project:  "Hidalgo Drain (Military Road Crossing) -2018 Bond Referendum Project  #13" (RFB# HCDD1-19-064-08-30), in the total amount of $200,322.50, as recommended by project engineer, Samuel D. Maldonado, P.E., SAMES, Inc., (subject to Legal Approval and Compliance with HB1295).

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
                                               
  2. 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. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -72028
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:

Budget: 365-Rural Drainage Develpment Pct.4
1. Approval of Application for Payment No. 3 in the amount of $64,414.13 from Filegonia Site Contractors pertaining to Construction Contract No. HCDD1-18-060-12-11 Pct.4 RCW Subdivision Drainage Improvements. 
Project Engineer: Jose Noe Saldivar, P.E., -HCDD1. PO#636639

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.
 
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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition
 
B.
 
Pending or contemplated litigation; a settlement offer; and/or a matter in which the duty of the attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code.
 
9.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

No action to be taken on this item.
 
10.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
 
11.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
 
12.
 
Adjourn

Chairman Richard Cortez adjourned the meeting at 9:30 a.m.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, 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 3rd day of September, 2019

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


By: ______________________________
Melissa S. Montalvo, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September 3, 2019.

Signed this 3rd day of September 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy