SPECIAL MEETING - April 6, 2021
BE IT REMEMBERED, that on this 6th day of April 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 HONORABLE 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 April 6, 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 :43s)
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 Cantu, who joined the meeting at a later time.
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 Cantu, who joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:04s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 03m:26s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:40s)
The board proceeded to the approval of the Consent Agenda.
The board proceeded to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -80269
1.) Discussion and update as it relates to Hidalgo County Drainage District No. 1 meeting with Gregory Strategies to discuss 2021 HCDD1 Legislative Priorities. (Audio Reference 04m:00s)
Commissioner Cantu joined the meeting.
General Manger of Hidalgo County Drainage District No.1, Raul Sesin, gave an overview and update of the meeting with Gregory Strategies, in reference to the legislative priorities; as it pertains to Hidalgo County Drainage District No.1.
No action was taken on agenda item 5.A.1.
2.) Requesting approval of Resolution as it relates to S.B. 1333 Legislation Authorizing Hidalgo County Drainage District No.1 to regulate encroachments. (Audio Reference 06m:52s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 5.A.2.
Vote: 5 - 0 – Unanimously
Commissioner Cantu joined the meeting.
General Manger of Hidalgo County Drainage District No.1, Raul Sesin, gave an overview and update of the meeting with Gregory Strategies, in reference to the legislative priorities; as it pertains to Hidalgo County Drainage District No.1.
No action was taken on agenda item 5.A.1.
2.) Requesting approval of Resolution as it relates to S.B. 1333 Legislation Authorizing Hidalgo County Drainage District No.1 to regulate encroachments. (Audio Reference 06m:52s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 5.A.2.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -80265
1.) Requesting approval to submit a joint request with Hidalgo County for FY22 Community Project Funding (CPF) for North Main Drain Expansion Project. (Audio Reference 08m:33s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 5 - 0 – Unanimously
2.) Requesting approval of Resolution in support of Joint Request by Hidalgo County and Hidalgo County Drainage District No.1 for FY22 Community Project Funding (CPF) for North Main Drain Expansion Project. (subject to final legal review) (Audio Reference 08m:59s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 5 - 0 – Unanimously
2.) Requesting approval of Resolution in support of Joint Request by Hidalgo County and Hidalgo County Drainage District No.1 for FY22 Community Project Funding (CPF) for North Main Drain Expansion Project. (subject to final legal review) (Audio Reference 08m:59s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -80249
Requesting approval of clarification/correction to AI-80059 approved on 3/23/21 to correct clerical error of Change Order No. 2, to reflect the contract price with all approved change order to the amount of $1,687,658.89, for Contract C-HCDD1-20-029-06-23-"PD Lateral (Phase II)-2018 Bond Referendum Project #29 with Mor-Wil, LLC. (Audio Reference 09m:17s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 5 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -80258
Jackson Road Drain - Budget 516
1. Approval of Application for Payment No. 2 in the amount of $167,763.27 from G&G Contractors pertaining to Construction Contract No. HCDD1-20-034-08-11. Project Engineer Quintanilla Headley & Associates. PO#640613-21 (Audio Reference 09m:53s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.B.1.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 2 in the amount of $167,763.27 from G&G Contractors pertaining to Construction Contract No. HCDD1-20-034-08-11. Project Engineer Quintanilla Headley & Associates. PO#640613-21 (Audio Reference 09m:53s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.B.1.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -80228
Mission Inlet - Budget 020
1. Approval of Application for Payment No. 2 in the amount of $52,571.49 from Castle Enterprises, LLC. pertaining to Construction Contract No. HCDD1-20-002-02-11. Project Engineer B2Z. PO#639479 (Audio Reference 10m:14s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval on agenda item 7.A.1.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 2 in the amount of $52,571.49 from Castle Enterprises, LLC. pertaining to Construction Contract No. HCDD1-20-002-02-11. Project Engineer B2Z. PO#639479 (Audio Reference 10m:14s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval on agenda item 7.A.1.
Vote: 5 - 0 - Unanimously
Attachments:
8.
General Fund:
A.
AI -80254
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Aguaworks Pipe Supply & Supply, LLC, for the advertised RFB No. HCDD1-21-006A-03-31-Purchase of One (1) 60 Inch Inline check Valve for J-08 Drain (10th Street Crossing). (subject to compliance with HB1295) (Audio Reference 10m:34s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 8.A.
Vote: 5 - 0 – Unanimously
The board proceeded to agenda item 10 - Closed Session. (Audio Reference 11m:12s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 8.A.
Vote: 5 - 0 – Unanimously
The board proceeded to agenda item 10 - Closed Session. (Audio Reference 11m:12s)
Attachments:
9.
Real Estate Acquisitions:
A.
AI -80268
1) Possible action to approve a Real Estate Contract for the purchase of 1302 East Rancho Blanco Road, Pharr, Hidalgo County, Texas, to carry out a public purpose for the purchase price of One Hundred Fifty Thousand Dollars ($150,000.00) and authorize the Board Chair to execute the real estate contract (subject to final legal review). (Audio Reference 11m:55s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 9.A.1.
Vote: 5 - 0 - Unanimously
2) Possible action to approve a Real Estate Contract for the purchase of 1308 East Rancho Blanco Road, Pharr, Hidalgo County, Texas to carry out a public purpose for the purchase price of One Hundred Ten Thousand Dollars ($110,000.00) and authorize the Board Chair to execute the real estate contract (subject to final legal review). (Audio Reference 12m:31s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 9.A.2.
Vote: 5 - 0 -Unanimously
3) Possible action to approve a Real Estate Contract for the purchase of KELLY PHARR TRACT AN IRR TR N503.02'-E310.31' EXC AN IRR TR N310.33'-E167.96 LOT 256 .56AC NET (Hidalgo County Appraisal District Property ID No. 203087) located in Pharr, Hidalgo County, Texas, to carry out a public purpose for the purchase price of Fifty Thousand Dollars ($50,000.00) and authorize the Board Chair to execute the real estate contract (subject to final legal review). (Audio Reference 12m:53s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 9.A.3.
Vote: 5 - 0 -Unanimously
The board proceeded to agenda item 11.A. (Audio Reference 13m:55s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 9.A.1.
Vote: 5 - 0 - Unanimously
2) Possible action to approve a Real Estate Contract for the purchase of 1308 East Rancho Blanco Road, Pharr, Hidalgo County, Texas to carry out a public purpose for the purchase price of One Hundred Ten Thousand Dollars ($110,000.00) and authorize the Board Chair to execute the real estate contract (subject to final legal review). (Audio Reference 12m:31s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 9.A.2.
Vote: 5 - 0 -Unanimously
3) Possible action to approve a Real Estate Contract for the purchase of KELLY PHARR TRACT AN IRR TR N503.02'-E310.31' EXC AN IRR TR N310.33'-E167.96 LOT 256 .56AC NET (Hidalgo County Appraisal District Property ID No. 203087) located in Pharr, Hidalgo County, Texas, to carry out a public purpose for the purchase price of Fifty Thousand Dollars ($50,000.00) and authorize the Board Chair to execute the real estate contract (subject to final legal review). (Audio Reference 12m:53s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 9.A.3.
Vote: 5 - 0 -Unanimously
The board proceeded to agenda item 11.A. (Audio Reference 13m:55s)
10.
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 11m:22s)
The board proceeded into Closed Session at 9:58 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 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: (Audio Reference 11m:22s)
The board proceeded into Closed Session at 9:58 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 11.A.
Reference agenda item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 11.B.
Reference agenda item 11.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 agenda item 10.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 agenda item 10.C.
11.
Open Session: (Audio Reference 11m:50s)
The board returned from Closed Session at 10:12 A.M, and proceeded back to agenda item 9.A.
The board returned from Closed Session at 10:12 A.M, and proceeded back to agenda item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:55s)
Legal Counselor, Ivan Perez, requested action from the board to authorize the administration to proceed as discussed in Closed Session, as it pertains to the Real Property matter.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated above on agenda item 11.A.
Vote: 5 - 0 -Unanimously
The board proceeded to agenda item 12 - Adjournment (Audio Reference 14m:26s)
Legal Counselor, Ivan Perez, requested action from the board to authorize the administration to proceed as discussed in Closed Session, as it pertains to the Real Property matter.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated above on agenda item 11.A.
Vote: 5 - 0 -Unanimously
The board proceeded to agenda item 12 - Adjournment (Audio Reference 14m:26s)
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 11.B.
No action was taken on agenda item 11.B.
12.
Adjourn (Audio Reference 14m:29s)
Judge Cortez adjourned the meeting at 10:16 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 - Unanimously
Judge Cortez adjourned the meeting at 10:16 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 6th day of April, 2021
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 April 6, 2021.
Signed this 6th day of April 2021
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 April, 2021
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 April 6, 2021.
Signed this 6th day of April 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy