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:
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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.
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.
Operations Manager, Jaime Salazar, offered the prayer.
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
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.
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.
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
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
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
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
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
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
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 |
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
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
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
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
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
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
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
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
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
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
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
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
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
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 |
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
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
Reference agenda item 10.A.
Reference agenda item 10.B.
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)
No action was taken on agenda item 9.C.1.
The Board returned from Executive Session at 3:13 P.M, and proceeded to agenda item 10.A.
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)
No action was taken on agenda item 10.B.
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
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
