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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - July 27, 2021

BE IT REMEMBERED, that on this 27th day of July A.D., 2021, there was begun and held a REGULAR MEETING of the Honorable Board of Directors 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
July 27, 2021
1:45 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Board of Directors 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 :44s)

Judge Cortez called the meeting to order at 1:47 P.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:03s)

Operations Manager, Jaime Salazar, offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:11s)

Participants Elizabeth Rodriguez, Myra Baker, Maria Alicia Garcia, and Fern McClaugherty, came before the Board to express their concerns on the recent flooding events and drainage issues.

Commissioner Cantu joined the meeting.

No action was taken on agenda item 3.

Judge Cortez recessed the meeting at 1:59 P.M. to commence the Regular Commissioners' Court Meeting. The Board motioned to recess the meeting. (Audio Reference 12m:45s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to recess the meeting.

Vote: 5 - 0 -Unanimously
 
4.
 
Approval of Consent Agenda (Audio Reference 16m:16s)

Judge Cortez reopened the Drainage District meeting at 2:03 P.M. The Board motioned to approve the reopening the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to reopen the Drainage District Meeting.

Vote: 5 - 0 -Unanimously

The Board proceeded with the approval of the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -81835
Discussion and update on Texas Water Development Board Region 15 Lower Rio Grande Regional Flood Planning Group. (Audio Reference 16m:51s)

Operations Manager, Jaime Salazar and Project Manager with Halff & Associates, Kristina Leal, gave an update on Texas Water Development Board Region 15 Lower Rio Grande Regional Flood Planning Group. 

No action was taken on agenda item 5.A.
 
B.
AI -81815
Consideration and possible action to adopt a plan of finance to issue the remaining authorized but un-issued bonds from the 2018 Bond Referendum. (Audio Reference 22m:34s)

Financial Advisor with Estrada and Hinojosa Co., Noe Hinojosa, presented to the Board an updated on the Drainage District's financials, and the possible options on the sell of the remaining bonds to end the 2018 Bond Referendum Project.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES to move forward as presented through the plan of finance that was presented by Noe Hinojosa and recommended by the Drainage District, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.B.
                                                        
Vote: 5 - 0 – Unanimously
 
C.
AI -81847
Approval of Resolution and Affidavit requesting financial assistance from the Texas Water Development Board for the Raymondville Drain Project and action designating Mr. Raul E. Sesin, P.E., CFM as authorized signor of the grant agreement and any other necessary documents that apply to the grant and transfer of funds (Audio Reference 54m:15s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.C.
                                                                              
Vote: 5 - 0 – Unanimously
 
D.
AI -81731
Requesting approval to purchase two (2) New JD 470G Short Boom Excavators through the District's membership with Sourcewell Cooperative awarded Contract No. 032-119 from Doggett Heavy Machinery Services, LTD in the total amount of $840,000.00, includes an extended warranty of - 60 mo./5000hrs. powertrain & hydraulic. Subject to final legal review. (Reference Procurement No. HCDD1-21-032) (Audio Reference 55m:38s)

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 agenda item 5.D.

 Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI -81809
Requesting approval of the final On-Call Professional Surveying Service Agreement  (C-HCDD1-21-018-07-27) with Gilbert J. Guerra Engineering dba Rio Delta Engineering,for Hidalgo County Drainage District No. 1 projects, and subject to Legal Review. [as approved for negotiations by HCDD1 BOD on 6/1/21] (Audio Reference 56m:17s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.E.

Vote: 5 - 0 -Unanimously 
 
F.
AI -81804
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-055-08-13), with Javier Hinojosa Engineering, for the project: "Moorefield & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)", to reflect a revised  period of service to end on October 1, 2021. (subject to Legal review and compliance with HB1295). (Audio Reference 56m:40s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.F.1.

Vote: 5 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-055-08-13), with Javier Hinojosa Engineering, for the project: "Moorefield & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)" reflect a revised period of service to end on October 1, 2021. (subject Legal review and compliance with HB1295). (Audio Reference 57m:09s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.F.2.

Vote: 5 - 0 – Unanimously
 
G.
AI -81822
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, to Mor-Wil LLC , Base Bid including Alternate No. 1 in the amount of $1,394,350.31 for RFB No. HCDD1-21-011-07-14, “Cesar Chavez & Texas Rd, Canton Rd & Tower Rd, and Iowa Road Drainage Areas Improvements," and as recommended by project engineer, Jose Noe Saldivar, PE, CFM, Engineer IV. (subject to Legal Review and Compliance with HB1295). (Audio Reference 57m:33s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.G.1.

Vote: 5 - 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 58m:05s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.G.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
H.
AI -81798
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services;  (Audio Reference 58m:30s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.H.1.

Vote: 5 - 0 -Unanimously 

2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Services for the "Repair and Re-Construction of Main Floodwater Channel Wier No. 4, located in Willacy County, Texas" required for Hidalgo County Drainage District;
 
C-HCDD1-21-043-00    
FIRM NAME: SCORE: RANK:
ICE Engineering 96.67  
Entech Civil Engineers 95.00  
Izaguirre Engineering 93.33  
 (Audio Reference 58m:43s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.H.2.

Vote: 5 - 0 – Unanimously

3. Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: ICE Engineering for the provisions of Professional Services  for the "Repair and Re-Construction of Main Floodwater Channel Wier No. 4, located in Willacy County, Texas" required for Hidalgo County Drainage District. (Audio Reference 59m:17s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.H.3.

Vote: 5 - 0 -Unanimously 
Attachments:
 
I.
AI -81734
1. Requesting approval to reject bids received for project titled ''Fuel-Gasoline & Diesel (On & Off Highway)'' through RFB No.: HCDD1-21-014-07-07-ESZ. (Audio Reference 59m:39s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.I.1.

Vote: 5 - 0 – Unanimously

2. Requesting authority to exercise the Sixty (60) Day Grace Period extension as provided in the current agreement for "Fuel-Gasoline & Diesel (On & Off Highway)" with Gold Star Petroleum Inc., (Contract No.: C-HCDD1-19-048-07-30), under the same rates, terms and conditions effective  July 30, 2021, through  September 28, 2021, or upon completion of the procurement process for the award of a new contract, whichever comes first and is most advantageous to HCDD1. (Audio Reference 59m:58s)

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 agenda item 5.I.2.

Vote: 5 - 0 – Unanimously
 
J.
AI -81848
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 Mission-McAllen Rado Alternate 2018 Bond No. 25 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 1h:00m 33s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.J.

Vote: 5 - 0 – Unanimously
Attachments:
 
K.
AI -81662
Requesting approval of the final negotiated Professional Services Contract No. C-HCDD1-21-030-07-27,  with George J. Salazar II, d/b/a Appraisal Haus, as it relates to Real Estate Appraisal Services (on call on as needed basis) for Hidalgo County Drainage District No. 1 Projects, as approved for negotiations by HCDD1 Board of Directors on June 15, 2021, agenda Item # 81176.  (Subject to Legal Review and compliance to HB1295) (Audio Reference 1h:01m 05s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.K.

Vote: 5 - 0 -Unanimously 
Attachments:
 
L.
AI -81842
Requesting approval of the second addendum to the Interlocal Agreement by and between Hidalgo County Drainage District No.1 and Hidalgo County Irrigation District No. 16, previously approved on February 09, 2021; Agenda Item No. 79467, subject to final legal review. (Audio Reference 1h:01m 32s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.L.

Vote: 5 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -81753
Acceptance and approval of Work Authorization No. 1 in the amount of $133,067.38 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Mission-McAllen Rado Alternate Ph I -2018 Bond Referendum Project #25." (Subject to Legal Review) (Audio Reference 1h:01m 52s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
B.
AI -81765
Acceptance and approval of Work Authorization No. 2 in the amount of $112,456.55 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Mission Lateral Phase III -2018 bond Project #26 (Proposed Widening of Ditch From Bentsen Palm Drive to the West of Wagon city Subdivision)." (Subject to Legal Review) (Audio Reference 1h:02m 16s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.B.

Vote: 5 - 0 -Unanimously 
Attachments:
 
C.
AI -81777
1.  Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of services to end on January 31, 2023. (subject to Legal review and compliance with HB1295). (Audio Reference 1h:02m 38s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1.

Vote: 5 - 0 -Unanimously 

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of service to end on January 31, 2023. (subject Legal review and compliance with HB1295). (Audio Reference 1h:03m 00s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.2.

Vote: 5 - 0 -Unanimously 

3. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project, "J-08 Drain-2018 Referendum Project #15-A," to reflect a revised period of service to end on January 31, 2023. (Audio Reference 1h:03m 22s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.
                                                                              
Vote: 5 - 0 – Unanimously
 
D.
AI -81836
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, Gonzalez Engineering & Management, LLC , in the amount of $2,112,581.00 for RFB No. HCDD1-21-023-07-07-MSS, “Mission-McAllen Rado Alternate-Phase I -2018 Bond Referendum Project #25," and as recommended by project engineer, B2Z Engineering, LLC (subject to Legal Review and Compliance with HB1295). (Audio Reference 1h:03m 42s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1.

Vote: 5 - 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 1h:04m 12s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.D.2.

Vote: 5 - 0 -Unanimously 
Attachments:
 
E.
AI -81792
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, Saenz Brothers Construction , LLC , in the amount of $2,398,381.00 for RFB No. HCDD1-21-027-07-14, “Mission Lateral Phase III (Proposed Widening of Ditch from Bentsen Palm Drive to the West of Wagon City 2 Subdivision)-2018 Bond Referendum Project #26," and as recommended by project engineer, L&G Engineering (subject to Legal Review and Compliance with HB1295). (Audio Reference 1h:04m 35s)

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 agenda item 6.E.1.

Vote: 5 - 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 1h:05m 11s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.E.2.

Vote: 5 - 0 -Unanimously 
 
F.
AI -81807
1. Requesting approval to accept CSP response and award a negotiated construction contract to the highest ranked Contractor meeting all specified requirements, RDH Site & Concrete, LLC  for CSP  No. HCDD1-21-024-06-16 "J-08 Drain - McColl Rd. Culvert Crossing-2018 Bond Referendum Project #15," in the amount of $166,072.00 as approved for negotiations by the Board of Directors on Agenda Item No. 81324  on June 25, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 1h:05m 35s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.F.1.
                                                                              
 Vote: 5 - 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 1h:06m 09s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.F.2.

Vote: 5 - 0 - Unanimously 
Attachments:
 
G.
AI -81820
Malone Drive & Pomelo Rd - Budget 518
1. Approval of Application for Payment No. 4 in the amount of $4,063.50 to Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15. Project Engineer Guzman & Munoz Engineering PO#641036 (Audio Reference 1h:06m 31s)

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 agenda item 6.G.1.
                                                        
 Vote: 5 - 0 – Unanimously

2. Accepance of Certificate of Substantial Completion from Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15 Malone Drive & Pomelo Road. (Audio Reference 1h:06m 53s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.G.2.
                                                                              
Vote: 5 - 0 – Unanimously

3. Approval of Application for Payment No. 5 in the amount of $33,471.78 from Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15. Project Engineer Guzman & Munoz Engineering PO#641036 (Audio Reference 1h:07m 08s)

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 agenda item 6.G.3.
                                                        
Vote: 5 - 0 – Unanimously

Mile 9N & FM 1015 - Budget 524
2. Approval of Application for Payment No. 2 in the amount of $62,505 to Mor-Will, LLC pertaining to construction contract HCDD1-20-065-11-18. Project Engineer Halff & Associates PO#641649 (Audio Reference 1h:07m 30s)

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 agenda item 6.G.2.

Vote: 5 - 0 - Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -81828
PSJA Lateral - Budget 305
1. Approval of Application for Payment No. 2 in the amount of $220,071.60 from Saenz Brothers Construction pertaining to contract HCDD1-20-063-11-12. Project Engineer Javier Hinojosa Engineering  PO#641494 (Audio Reference 1h:07m 48s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 7.A.1.
                                                                              
Vote: 5 - 0 – Unanimously

Delta Area Watershed Development - Budget 360
2. Approval of Application for Payment No. 4 in the amount of $199,029.60 from Saenz Brothers Construction pertaining to contract HCDD1-20-038-09-08. Project Engineer Jose Noe Saldivar PE PO#640783 (Audio Reference 1h:08m 08s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 7.A.2.
                                                                              
Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -81817
Raymondville Drain - Fund 130 Budget 010 TWDB Funds
Requesting approval to pay $116,274.32 to Hidalgo County Precinct No.4 for construction of the Raymondville Drain for the following pay periods:
 
Pay Period Dates Amount
9 04/12-04/25 $53,567.25
10 04/26 - 05/09 $31,290.70
11 05/10 - 05/23 $8,169.88
12 05/24 - 06/06 $23,246.49
(Audio Reference 1h:08m 27s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 8.A.

Vote: 5 - 0 – Unanimously
 
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: (Audio Reference 1h:08m 56s)

The Board motioned for approval to proceed into Closed Session at 2:56 P.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board 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 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda 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) (Audio Reference 1h:09m 51s)

As per legal counsel by Ivan Perez, it was recommended to authorize legal counsel to proceed with the eminent domain proceedings as discussed in Closed Session.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to authorize legal counsel to proceed with the eminent domain proceedings as discussed in Closed Session.

Vote: 5 - 0 - Unanimously

The Board proceeded to agenda item 11 - Adjournment. (Audio Reference 1h:10m 08s)
 
1.
AI -81831
Consultation with Legal Counsel regarding Hidalgo County Drainage District No. 1 vs Godfrey Garza et al, Cause No. C--0373-17-E, pending in the 275 District Court of Hidalgo County, Texas

No action was taken on agenda item 9.C.1.
 
10.
 
Open Session: (Audio Reference 1h:09m 30s)

The Board returned from Executive Session at 3:13 P.M, and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 1h:09m 35s)

As per legal counsel by Ivan Perez, it was recommended to authorize the administration of the Drainage District to proceed as discussed in Closed Session.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to authorize the administration of the Drainage District to proceed as discussed in Closed Session.

Vote: 5 - 0 -Unanimously

The Board proceeded back to agenda item 9.C. (Audio Reference 1h:09m 50s)
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 1h:10m 08s)

The Board motioned to adjourn at 3:14 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 27th day of July, 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 July 27, 2021.

Signed this 28th day of July 2021




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy