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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - June 2, 2020

BE IT REMEMBERED, that on this 2nd day of June A.D., 2020, 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
June 2, 2020
9:45 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 (Audio Reference 01m:58s)

Judge Cortez called the meeting to order at 9:50 A.M.

All members of the court were present during the roll call.
 
2.
 
Prayer (Audio Reference 02m:15s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:55s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 04m:08s)

The court continued to the approval of the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -75750
Requesting approval of final negotiated Professional Services Contract with Leonel Garza Jr. & Associates, LLC as it relates to On-Call Real Estate Appraisal Services for Hidalgo County Drainage District No.1 Projects.  Approved for negotiations by HCDD1 Board of Directors Agenda Item# 75519, on May 19, 2020 . (Subject to Legal Review)(Contract # C-HCDD1-20-030-06-02) (Audio Reference 04m:35s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.A.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -75760
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a Professional Service; (Audio Reference 05m:04s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.B.1.
                                                        
 Vote: 5 - 0 – Unanimously

2. Requesting approval for the District to negotiate a Professional Real Estate Appraisal and/or Appraisal Review Services Contract with George J. Salazar II, dba Appraisal Haus, from the District's approved pool of pre-qualified Appraisers for the provision of Professional Real Estate Appraisal Services and/or Appraisal Review Services (on-call on an as needed basis) for Hidalgo County Drainage District No.1 projects. (Audio Reference 05m:23s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.B.2.
                                                        
 Vote: 5 - 0 – Unanimously
 
C.
AI -75746
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 05m:48s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.1.

 Vote: 5 - 0 - Unanimously

2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 06m:07s)
(C-HCDD1-20-031-__-__)    
FIRM NAME: SCORE: RANK:
L&G Engineering 96.67  
Izaguirre Engineering
Group, LLC
93.33  
Alpha Infrastructure
Engineering, PLLC
88.33.  

Commissioner Flores stepped away from the meeting

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.C.2.
                                                                              
 Vote: 4 - 0 – Unanimously

3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: L&G Engineering for the provisions of Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 06m:45s)

Commissioner Flores rejoined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.3.

 Vote: 5 - 0 - Unanimously
 
6.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -75716
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Chaparral Drain Extension -365-010-011
1.  Acceptance of Certificate of Completion from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvements (60 Inch RCP Jack & Bore- Donna Irrigation Crossing). (Audio Reference 07m:07s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on -item 6.A.1.

 Vote: 5 - 0 - Unanimously

2.  Application for Payment No 4 Retainage Release in the amount of $17,769.73 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvements (60 Inch RCP Jack & Bore – Donna Irrigation Crossing). Project Engineer:  Jose Noe Saldivar, PE, HCDD1  PO#638896 (Audio Reference 07m:32s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.A.2.

Vote: 5 - 0 – Unanimously
 
B.
AI -75745
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:

J09 Ph.4-Budget 300
1. Application for Payment No. 1 in the amount of $214, 200.00 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-077-12-03 Hidalgo County Precinct No. 4-J09 Phase IV Rural Drainage Development. Project Engineer: Jose N. Saldivar, P.E.-HCDD1  PO#639205 (Audio Reference 07m:56s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.B.1

Vote: 5 - 0 - Unanimously
 
7.
 
Right of Way Acquisitions:
 
A.
AI -75765
Requesting approval of closing documents for Parcel 24-1 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 08m:28s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.A.

 Vote: 5 - 0 - Unanimously
 
Attachments:
 
B.
AI -75768
Requesting approval of closing documents for Parcel 2-4 as it relates to Project 2 of the 2018 Drainage Bond Program - 3 3/4 Mile Rd. & Shuerbach Rd. project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 08m:51s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
Closed Session: (Audio Reference 09m:16s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:

The court did not proceed into Closed Session.

The court continued to item 10 - Adjournment.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference item 9.B.
 
C.
 
Consultation with Attorney Regarding: (Audio Reference
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) 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 (Tex. Gov't. Code 551.071)

No action was taken on item 8.C.
 
9.
 
Open Session:

The court did not proceed into Closed Session.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 9.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 9.B.
 
10.
 
Adjourn (Audio Reference 09m:23s)

Judge Cortez adjourned the meeting at 9:56 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

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 2nd day of June, 2020

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


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 2, 2020.

Signed this 2nd day of June 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy