SPECIAL MEETING - December 22, 2020
BE IT REMEMBERED, that on this 22nd day of December 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 |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 |
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 December 22, 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 video conference. 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 00m:45s)
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the board were present during Roll Call, with the exception of Commissioner Flores and Commissioner Torres.
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the board were present during Roll Call, with the exception of Commissioner Flores and Commissioner Torres.
2.
Prayer (Audio Reference 01m:05s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 02m:43s)
There were no Open Forum Participants.
There were no Open Forum Participants.
4.
Approval of Consent Agenda (Audio Reference 02m:50s)
The Board proceeded to approve the Consent Agenda.
The Board proceeded to approve the Consent Agenda.
5.
General Operations:
A.
AI -78814
Requesting approval to execute updated Interlocal Cooperation Agreement between Hidalgo County Drainage District No. 1 and Purchasing Cooperative of America (''PCA'') as previously approved by the Board of Directors through AI-65028 on May 29, 2018.
(Subject to legal review). (Audio Reference 03m:12s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 3 - 0 – Unanimously
(Subject to legal review). (Audio Reference 03m:12s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -78818
Requesting approval of payment out of the TWDB reimbursement funds in the amount of $403,719.61 to Hidalgo County Precinct #4 for Construction of Segment 1 of the Hidalgo County Raymondville Drain for the periods as follows: (Audio Reference 03m:32s)
Pay Period 15 from 06-22-2020 thru 07-05-2020 $ 42,699.40
Pay Period 17-from 07-20-2020 thru 08-02-2020 $ 17,647.72
Pay Period 19 from 08-17-2020 thru 08-30-2020 $ 37,092.69
Pay Period 21 from 09-14-2020 thru 09-27-2020 $ 58,251.74
Pay Period 22 from 09-28-2020 thru 10-11-2020 $ 78,853.00
Pay Period 23 from 10-12-2020 thru 10-25-2020 $ 50,100.55
Pay Period 24 from 10-26-2020 thru 11-08-2020 $ 83,500.30
Pay Period 25 from 11-09-2020 thru 11-22-2020 $ 35,574.21
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 5.B.
Vote: 3 - 0 -Unanimously
Pay Period 15 from 06-22-2020 thru 07-05-2020 $ 42,699.40
Pay Period 17-from 07-20-2020 thru 08-02-2020 $ 17,647.72
Pay Period 19 from 08-17-2020 thru 08-30-2020 $ 37,092.69
Pay Period 21 from 09-14-2020 thru 09-27-2020 $ 58,251.74
Pay Period 22 from 09-28-2020 thru 10-11-2020 $ 78,853.00
Pay Period 23 from 10-12-2020 thru 10-25-2020 $ 50,100.55
Pay Period 24 from 10-26-2020 thru 11-08-2020 $ 83,500.30
Pay Period 25 from 11-09-2020 thru 11-22-2020 $ 35,574.21
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 5.B.
Vote: 3 - 0 -Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -78821
Requesting acceptance and approval of Work Authorization No. 4 in the amount of $34,405.41 as submitted by L&G Consulting Engineers, in relation to professional CMT Services for: "Mile 9 and FM 1015 Package 2-2018 Bond Referendum Project No. 24," through awarded Contract No. C-HCDD1-20-031-07-07 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295) (Audio Reference 04m:01s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 6.A.
Vote: 3 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 6.A.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -78767
Budget 534 South Lateral Drain Improvements (Audio Reference 04m:33s)
Request approval of Payment Application No. 2 in the amount of $137,655.00 from Castle Enterprise, LLC pertaining to Construction Contract No. HCDD1-20-009-07-07-South Lateral Drain. P.E. David A Saenz, from L&G Engineering.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.B.
Vote: 3 - 0 -Unanimously
Request approval of Payment Application No. 2 in the amount of $137,655.00 from Castle Enterprise, LLC pertaining to Construction Contract No. HCDD1-20-009-07-07-South Lateral Drain. P.E. David A Saenz, from L&G Engineering.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.B.
Vote: 3 - 0 -Unanimously
Attachments:
C.
AI -78803
Budget 526-Mission Lateral Section II
1. Payment Application No. 1 in the amount of $457,956.00 from H&R Lease Services, LLC pertaining to Construction Contract No. HCDD1-20-042-09-08 Mission Lateral Section II. Project Engineer: L&G Engineering PO#640759. (Audio Reference 04m:57s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.C.
Vote: 3 - 0 -Unanimously
1. Payment Application No. 1 in the amount of $457,956.00 from H&R Lease Services, LLC pertaining to Construction Contract No. HCDD1-20-042-09-08 Mission Lateral Section II. Project Engineer: L&G Engineering PO#640759. (Audio Reference 04m:57s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.C.
Vote: 3 - 0 -Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -78789
Budget 360-Delta Regional Mgt Project (Audio Reference 05m:20s)
1. Application for Payment No. 1 in the amount of $163,788.30 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1-20-038-09-09 Delta Regional Water Management Project Ph.1 (Panchitas Detention Pond) Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#640783.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 7.A.
Vote: 3 - 0 -Unanimously
1. Application for Payment No. 1 in the amount of $163,788.30 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1-20-038-09-09 Delta Regional Water Management Project Ph.1 (Panchitas Detention Pond) Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#640783.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 7.A.
Vote: 3 - 0 -Unanimously
Attachments:
B.
AI -78827
Ratification of the fully executed Change Order No. 6 reflecting Twenty-One (21) additional construction calendar days, in connection with contract No. C-HCDD1-19-077-12-03 -Hidalgo County Drainage District No. 1 "Hidalgo County Precinct No. 4 -J-09 Phase IV Rural Drainage Development -2012 Bond Projects" with Mor-Wil, LLC, as recommended by project engineer, Jose Noe Saldivar, P.E., HCDD1 Engineer IV, and approved by HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM., (Audio Reference 05m:45s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 3 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 3 - 0 -Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -78838
Requesting approval of closing documents for Parcel E-1 as it relates to the Inspiration Road Drainage Improvements project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 06m:16s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 8.A.
Vote: 3 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 8.A.
Vote: 3 - 0 -Unanimously
Attachments:
9.
Closed Session: (Audio Reference 06m:34s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
No action was taken on item 9 - 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:
No action was taken on item 9 - Closed Session.
A.
Real Property (Tex. Gov't Code 551.072)
No action was taken on item 9.A.
No action was taken on item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
No action was taken on item 9.B.
No action was taken on 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 9.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 9.C.
10.
Open Session: (Audio Reference 06m:34s)
No action was taken on item 10 - Open Session.
No action was taken on item 10 - Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on item 10.A.
No action was taken on item 10.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 10.B.
No action was taken on item 10.B.
11.
Adjourn (Audio Reference 07m:02s)
Judge Cortez adjourned the meeting at 9:53 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 0 -Unanimously
Judge Cortez adjourned the meeting at 9:53 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 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 December, 2020
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on December 22, 2020.
Signed this 22nd day of December 2020.
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 22nd day of December, 2020
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on December 22, 2020.
Signed this 22nd day of December 2020.
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy