REGULAR MEETING - March 30, 2021
BE IT REMEMBERED, that on this 30th day of March A.D., 2021, there was begun and held a REGULAR 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 EVERARDO “EVER” VILLARREAL HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 March 30, 2021 1:45 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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:43s)
Judge Cortez called the meeting to order at 1:46 P.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu.
Judge Cortez called the meeting to order at 1:46 P.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu.
2.
Prayer (Audio Reference 01m:16s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:50s)
There were no Open Forum Participants.
There were no Open Forum Participants.
4.
Approval of Consent Agenda (Audio Reference 02m:58s)
The Board proceeded to approve the Consent Agenda.
The Board proceeded to approve the Consent Agenda.
5.
General Operations:
A.
AI -80177
Requesting approval of TWDB Contract No. 2101792500 between the Texas Water Development Board and Hidalgo County Drainage District No.1 (Region 15 Flood Planning Group Sponsor) for the Development of the Technical Memorandum and the Regional Flood Plan for Region 15 and approval for General Manager to execute. Approved for submission by HCDD1 BOD on 11/10/2020 Agenda Item No. 78227. (Subject to final legal review) (Audio Reference 03m:23s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -80164
Discussion and Approval by Hidalgo County Drainage District No. 1 of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of the Edinburg Lake Dry Bed Project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the Resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said Resolution. (Audio Reference 04m:02s)
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 5.B.
Vote: 4 - 0 - Unanimously
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 5.B.
Vote: 4 - 0 - Unanimously
6.
2018 Bond Referendum Projects:
A.
AI -80163
Mile 9 N & FM 1015 Package 1A - Budget 524
1. Approval of Payment Application No. 4 in the amount of $172,814.27 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-039-08-25. Project Engineer: Halff & Associates. PO#640715-21 (Audio Reference 04m:39s)
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.
Vote: 4 - 0 - Unanimously
1. Approval of Payment Application No. 4 in the amount of $172,814.27 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-039-08-25. Project Engineer: Halff & Associates. PO#640715-21 (Audio Reference 04m:39s)
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.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -80167
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $110,680.00, and additional Forty Five (45) construction calendar days, in connection with the Contract No. C-HCDD1-20-040-09-08 - "3 3/4 Mile Road & Schuerbach Rd -2018 Bond Referendum Project #2" with Gonzalez Engineering & Management, LLC, as recommended by Project Engineer, Javier Hinojosa Engineering. (subject to compliance to HB1295) (Audio Reference 05m:05s)
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.B.
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.B.
Vote: 4 - 0 – Unanimously
Attachments:
7.
General Fund:
A.
AI -80139
Requesting acceptance and approval of Work Authorization No. 4 for the provision of Construction Materials Testing Services for: "Hidalgo County Drainage District No. 1 -Crossing at Mile 12" in the amount of $1,118.50, through awarded Contract No. C-HCDD1-20-025-04-21, with Millennium Engineers Group, Inc., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295). (Audio Reference 05m:38s)
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 7.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 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -80172
Requesting review and approval to pay claim request to Millennium Engineers, Inc. for Construction Material Testing on the FM 495/Donna N. Lateral and on the Alamo Expressway Drain for the following: (Audio Reference 06m:12s)
Invoice No. 19-07-00030 for $1,573.00
Invoice No. 19-04-0001 for 786.50
Invoice No. 19-03-00130 for 3,146.00
Invoice No. 20-11-00049 for 1,651.80
On motion by COMMISSIONER PCT. 4, ELLIE TORRES seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 4 - 0 – Unanimously
Invoice No. 19-07-00030 for $1,573.00
Invoice No. 19-04-0001 for 786.50
Invoice No. 19-03-00130 for 3,146.00
Invoice No. 20-11-00049 for 1,651.80
On motion by COMMISSIONER PCT. 4, ELLIE TORRES seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 4 - 0 – Unanimously
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: (Audio Reference 07m:00s)
The board did not proceed into 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: (Audio Reference 07m:00s)
The board did not proceed into 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)
The Board took no action 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)
The Board took no action on item 8.C.
9.
Open Session:
The Board took no action on item 9 - Open Session.
The Board took no action on item 9 - Open Session.
A.
Possible Action of Real Estate Acquisition
The Board took no action on item 9.A.
The Board took no action on item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
The Board took no action on item 9.B.
The Board took no action on item 9.B.
10.
Adjourn (Audio Reference 07m:09s)
Judge Cortez adjourned the meeting at 1:53 P.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: 4- 0 – Unanimously
Judge Cortez adjourned the meeting at 1:53 P.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: 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 30th day of March, 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 March 30, 2021.
Signed this 30th day of March 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 30th day of March, 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 March 30, 2021.
Signed this 30th day of March 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy