SPECIAL MEETING - October 6, 2020
BE IT REMEMBERED, that on this 6th day of October 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 |
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 October 6, 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:
In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via videoconference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference 01m:40s)
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the board were present during the roll call, with the exception of Commissioner Torres.
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the board were present during the roll call, with the exception of Commissioner Torres.
2.
Prayer (Audio Reference 02m:05s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:05s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:18s)
The board proceeded to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 - Unanimously
The board proceeded to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 - Unanimously
5.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -77690
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. 4 in the amount of $137,292.15 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 03m:39s)
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 5.A.
Vote: 4 - 0 – Unanimously
J09 Ph.4-Budget 300
1. Application for Payment No. 4 in the amount of $137,292.15 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 03m:39s)
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 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
6.
General Fund:
A.
AI -77649
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for RFB No. HCDD1-20-053-09-30, “Ditch 47 & Ditch 350 Improvements (Mile 6 1/2 Crossing, Mile 10 N Crossing, Irrigation Canal Crossing, & Mile 9 N. Crossing)", for the Base Bid in the total amount of $320,145.84, as recommended by project engineer, Jose Noe Saldivar, PE, CFM, HCDD1 Engineer IV (subject to Legal Review and Compliance with HB1295). (Audio Reference 04m:10s)
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.1.
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". (Audio Reference 04m:10s)
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.2.
Vote: 4 - 0 - Unanimously
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.1.
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". (Audio Reference 04m:10s)
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.2.
Vote: 4 - 0 - Unanimously
Attachments:
7.
Right of Way Acquisitions:
A.
AI -77689
Requesting approval of closing documents for Parcel 2-2 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. (Audio Reference 05m:19s)
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 7.A.
Vote: 4 - 0 – Unanimously
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 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
8.
Closed Session: (Audio Reference 05m:42s)
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 board did not proceed into item 8 - Closed Session.
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 board did not proceed into item 8 - Closed Session.
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 9.A.
Reference item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 9.B.
Reference item 9.B.
C.
Consultation with Attorney Regarding:
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.
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 board did not proceed into item 9 - Open Session.
The board did not proceed into item 9 - Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on item 9.A.
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.
No action was taken on item 9.B.
10.
Adjourn (Audio Reference 05m:51s)
Judge Cortez adjourned the meeting at 9:51 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting at 9:51 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
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 6th day of October, 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 October 6, 2020.
Signed this 7th day of October 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 6th day of October, 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 October 6, 2020.
Signed this 7th day of October 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy