SPECIAL MEETING - JUNE 9, 2022
BE IT REMEMBERED, that on this 9th day of June A.D., 2022, there was begun and held a SPECIAL 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 JUNE 9, 2022 1:30 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL 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 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.
Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
1.
Roll Call (Audio Reference :02s)
Judge Cortez called the meeting to order at 1:33 P.M.
All members of the Board were present during the roll call.
Commissioner Torres and Commissioner Fuentes joined the meeting via video conference.
Judge Cortez called the meeting to order at 1:33 P.M.
All members of the Board were present during the roll call.
Commissioner Torres and Commissioner Fuentes joined the meeting via video conference.
2.
Prayer (Audio Reference :25s)
Omar Anzaldua, with Drainage District No.1, offered the prayer.
Omar Anzaldua, with Drainage District No.1, offered the prayer.
3.
Open Forum (Audio Reference 01m:02s)
Public participant Eduardo Barreiro, with L.U.P.E Organization, came before the Board to express his concerns with drainage issues in his colonia.
Public participant Eduardo Barreiro, with L.U.P.E Organization, came before the Board to express his concerns with drainage issues in his colonia.
4.
Approval of Consent Agenda (Audio Reference 03m:44s)
The Board proceeded with the approval of the Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded with the approval of the Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -86151
Requesting approval of Right of Possession Agreement for Parcel OD-4 as it relates to the HCRMA 365 Outfalls project and authority for Drainage District General Manager to execute documents. (Audio Reference 03m:58s)
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.A.
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.A.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -86150
Requesting approval of closing documents for Parcel 33-1 as it relates to Project 33 of the 2018 Drainage Bond Program - South I Rd Detention Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 04m:20s)
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.A.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -86144
Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer Firm, SAMES, Inc.,"FM 493 & Country Road-Phase I Subdivision Drainage Improvements-2018 Bond Referendum Project No. 12" -CSP No. HCDD1-22-22-032-07-06-RFV, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 04m: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 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.B.
Vote: 5 - 0 -Unanimously
Attachments:
C.
AI -86175
Requesting authority to advertise and approval of Request for Bids packet (requirements, specifications and plans) developed by Project Engineer for Hidalgo County Drainage District No. 1 project, "South Lateral Drain Structure- IBWC#23AL - 2018 Bond Referendum Project No. 34" -RFB No. HCDD1-22-033-07-06-RFV, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 05m:29s)
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.
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 6.C.
Vote: 5 - 0 -Unanimously
D.
AI -86159
PD Lateral Phase I - Budget 529
Approval of Application for Payment No. 9 in the amount of $53,784.03 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-20-026-06-23 PD Lateral Phase I. Project Engineer: Izaguirre Engineering Group PO#640211 (Audio Reference 06m:11s)
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 6.D.
Vote: 5 - 0 – Unanimously
Approval of Application for Payment No. 9 in the amount of $53,784.03 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-20-026-06-23 PD Lateral Phase I. Project Engineer: Izaguirre Engineering Group PO#640211 (Audio Reference 06m:11s)
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 6.D.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -86157
Alamo Expressway Drain Extension - Budget 320
Approval of Application for Payment No. 1 in the amount of $79,206.53 from Clore Equipment, LLC pertaining to construction contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Extension. Project Engineer:Omar Anzaldua, Jr. P.E. PO#645596 (Audio Reference 06m:45s)
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 7.A.
Vote: 5 - 0 -Unanimously
Approval of Application for Payment No. 1 in the amount of $79,206.53 from Clore Equipment, LLC pertaining to construction contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Extension. Project Engineer:Omar Anzaldua, Jr. P.E. PO#645596 (Audio Reference 06m:45s)
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 7.A.
Vote: 5 - 0 -Unanimously
Attachments:
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:25s)
The Board proceeded into closed session with a vote of approval at 1:40 P.M.
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 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 07m:25s)
The Board proceeded into closed session with a vote of approval at 1:40 P.M.
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 to proceed into closed session.
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 9.A.
Reference agenda item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 9.B.
Reference agenda 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)
No action was taken on agenda item 8.C as it was a closed session item.
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 8.C as it was a closed session item.
9.
Open Session: (Audio Reference 08m:08s)
The Board returned from closed session at 2:00 P.M., and proceeded with agenda items 9.A and 9.B.
The Board returned from closed session at 2:00 P.M., and proceeded with agenda items 9.A and 9.B.
A.
Possible Action of Real Estate Acquisition (Audio Reference 08m:11s)
The Board proceeded with a vote of approval as recommended by Legal Counselor, Ivan Perez for agenda items 9.A and 9.B simultaneously.
See agenda item 9.B for action taken.
The Board proceeded with a vote of approval as recommended by Legal Counselor, Ivan Perez for agenda items 9.A and 9.B simultaneously.
See agenda item 9.B for action taken.
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 08m:11s)
Legal Counselor, Ivan Perez, recommended a motion to authorize legal counsel to proceed as discussed in closed session.
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 items 9.A and 9.B as recommended by Legal Counselor, Ivan Perez.
Vote: 5 - 0 – Unanimously
Legal Counselor, Ivan Perez, recommended a motion to authorize legal counsel to proceed as discussed in closed session.
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 items 9.A and 9.B as recommended by Legal Counselor, Ivan Perez.
Vote: 5 - 0 – Unanimously
10.
Adjourn (Audio Reference 08m:28s)
Judge Cortez adjourned the meeting with a vote of approval at 2:01 P.M.
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 adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 2:01 P.M.
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 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 9th day of June 2022
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 June 9, 2022.
Signed this 10th day of June 2022
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 9th day of June 2022
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 June 9, 2022.
Signed this 10th day of June 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy