SPECIAL MEETING - January 19, 2021
BE IT REMEMBERED, that on this 19th day of January A.D., 2021, 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 EVERARDO “EVER” VILLARREAL 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 January 19, 2021 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:51s)
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu who joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu who joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:15s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 02m:53s)
There were no Open Forum Participants.
There were no Open Forum Participants.
4.
Approval of Consent Agenda (Audio Reference 03m:00s)
The Board proceeded to approve the Consent Agenda.
The Board proceeded to approve the Consent Agenda.
5.
General Operations:
A.
AI -79184
110-General Fund - Budget 006-M&O, Bond Series 2013, and Bond Series 2019:
Invoice No. DD-11 and DD-12 in the amount of $307,834.08 from Hidalgo County Precinct No. 1 for reimbursement of 2nd and 3rd Quarter Equipment Use Rental. General Fund 110 portion of $98,513.53, 2013 Bond Series CPF 133 in the amount of $103,737.53 and $105,583.02 from CPF 134 2019 Bond Series. (Audio Reference 03m:20s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
Invoice No. DD-11 and DD-12 in the amount of $307,834.08 from Hidalgo County Precinct No. 1 for reimbursement of 2nd and 3rd Quarter Equipment Use Rental. General Fund 110 portion of $98,513.53, 2013 Bond Series CPF 133 in the amount of $103,737.53 and $105,583.02 from CPF 134 2019 Bond Series. (Audio Reference 03m:20s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -79162
1.) Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Mor - Wil, LLC for CSP No. HCDD1-20-065-11-18 "Mile 9 N. & FM 1015 -Package 2 -2018 Bond Referendum Project No. 24" in the amount of $1,217,121.18 as approved for negotiations by the Board of Directors on Agenda Item No. 78490 on December 1, 2020. (Subject to Legal review and Compliance with HB1295). (Audio Reference 04m:06s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board 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 and increase or decrease in cost of $50,000 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 consent of the contractor. (Audio Reference 04m:50s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.2.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board 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 and increase or decrease in cost of $50,000 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 consent of the contractor. (Audio Reference 04m:50s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.2.
Vote: 4 - 0 - Unanimously
Attachments:
7.
General Fund:
A.
AI -79178
Requesting approval to issue a Notice to Resume Work Order to Mor-Wil, LLC, awarded contractor for the project: "Hidalgo Drain & Dicker Road Box Culvert Crossing" , contract No. C-HCDD1-20-001-02-11 , as recommended by project engineer: Jose Noe Saldivar, P.E., CFM., HCDD1 Engineer IV, and approved by HCDD1 General Manager, Raul E. Sesin, P.E., CFM. Resume Work Order Effective date: January 22, 2021. (Subject to compliance to HB1295). (Audio Reference 06m:48s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
8.
Right of Way Acquisitions
A.
AI -79190
Discussion and consideration to approve possession and use agreement with landowner Yesenia Heitz for possession of Parcel 2-1 of 2018 Bond Referendum Project No. 2. (Audio Reference 08m:19s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 – Unanimously
9.
Closed Session: (Audio Reference 09m:44s)
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 retired into Closed Session at 9:55 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to retire into Closed Session.
Vote: 4 - 0 - Unanimously
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 retired into Closed Session at 9:55 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to retire into Closed Session.
Vote: 4 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 10.A.
Reference item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 10.B.
Reference item 10.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)
There was no action 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)
There was no action taken on item 9.C.
10.
Open Session: (Audio Reference 10m:20s)
The Board returned from Closed Session at 10:05 A.M.
Commissioner Cantu joined the meeting.
The Board proceeded to item 10.A.
The Board returned from Closed Session at 10:05 A.M.
Commissioner Cantu joined the meeting.
The Board proceeded to item 10.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 10m:28s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to authorize Raul Sesin to proceed as directed in regards to the Real Property Matters discussed in Closed Session.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to authorize Raul Sesin to proceed as directed in regards to the Real Property Matters discussed in Closed Session.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation
There was no action taken on item 10.B.
There was no action taken on item 10.B.
11.
Adjourn (Audio Reference 10m:46s)
Judge Cortez adjourned the meeting at 10:06 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 10:06 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board 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 19th day of January, 2021
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 January 19, 2021.
Signed this 19th day of January, 2021
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 19th day of January, 2021
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 January 19, 2021.
Signed this 19th day of January, 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy