REGULAR MEETING - JULY 26, 2022
BE IT REMEMBERED, that on this 26th day of July A.D., 2022, 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 EDUARDO "EDDIE" CANTU HONORABLE EVERARDO "EVER" VILLARREAL HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE 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 26, 2022 1:30 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 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 :08s)
Judge Cortez called the meeting to order at 1:30 P.M.
All members of the Board were present during the roll call, except Commissioner Fuentes and Commissioner Cantu.
Commissioner Cantu joined the meeting at a later time.
Judge Cortez called the meeting to order at 1:30 P.M.
All members of the Board were present during the roll call, except Commissioner Fuentes and Commissioner Cantu.
Commissioner Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference :24s)
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 02m:24s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:33s)
The Board proceeded to the approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded to the approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -86781
1. Requesting approval of Interlocal Cooperation Agreement between Hidalgo County by and through the Hidalgo County Urban County Program and the Hidalgo County Drainage District No.1 as it relates to CDBG/GLO Mitigation Program - [GLO 2015-MIT]. (Subject to final legal review) (Audio Reference 02m:50s)
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.A.1.
Vote: 3 - 0 – Unanimously
2. Requesting approval of Interlocal Cooperation Agreement between Hidalgo County by and through the Hidalgo County Urban County Program and the Hidalgo County Drainage District No.1 as it relates to CDBG/GLO Mitigation Program - [GLO 2016-MIT]. (Subject to final legal review). (Audio Reference 03m:31s)
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.A.2.
Vote: 3 - 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 agenda item 5.A.1.
Vote: 3 - 0 – Unanimously
2. Requesting approval of Interlocal Cooperation Agreement between Hidalgo County by and through the Hidalgo County Urban County Program and the Hidalgo County Drainage District No.1 as it relates to CDBG/GLO Mitigation Program - [GLO 2016-MIT]. (Subject to final legal review). (Audio Reference 03m:31s)
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.A.2.
Vote: 3 - 0 – Unanimously
B.
AI -86622
Requesting approval to declare surplus for approximately 400,000 Cubic Yards of Fill Dirt for ‘’365 RMA Outfall’’, approximate location -South Military Rd between Bryan and Bentsen Rd, covering sites 1 through 4, in as much as an attempt was made for the sale and removal through RFB No.: HCDD1-22-036-07-20-ESZ and as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 03m:52s)
Commissioner Cantu joined the meeting.
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 5.B.
Vote: 4 - 0 - Unanimously
Commissioner Cantu joined the meeting.
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 5.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -86777
Requesting approval to include the UKG Ready Payroll & UKG Ready Payroll Services Module as described in the Order Form to the exiting Professional Services Engagement Overview (Agreement) with Kronos SaaSHr, Inc., (a UKG Company), in the initial amount of $19,000 and $10,500 annually thereafter, through the HCDD1 membership/participation with OMNIA Cooperative Contract No. 18221. (Subject to Legal Review). (Audio Reference 04m:20s)
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.C.
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 agenda item 5.C.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -86767
Requesting approval of the Supplemental No. 4 to revise ''Exhibit C'', ''Exhibit D'', ''Exhibit D-1'', and ''Exhibit D-2'' in relation to Professional Services with Halff Associates, Inc., with the Agreement No. C-HCDD1-21-003-05-18, in connection with ''Region 15 Lower Rio Grande Regional Flood Planning Group (RFPG)", (Subject to Legal Review). (Audio Reference 04m:54s)
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.D.
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 agenda item 5.D.
Vote: 4 - 0 – Unanimously
Attachments:
E.
AI -86735
Requesting approval of exemption from competitive bidding requirements under, Texas Water Code 49.273(j), for the purchase of replacement parts or components for equipment and vehicle and equipment repairs for Drainage District owned vehicles, equipment, heavy equipment, and machinery from the vendors identified, and detail list attached hereto on an as-needed basis through the established and approved procedures for the requisition and purchase order process. (Audio Reference 05m:20s)
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.E.
Vote: 4 - 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.E.
Vote: 4 - 0 – Unanimously
Attachments:
F.
AI -86768
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024 (a)(7) (A)-"items for which competition is precluded because of existence of patents, copyrights, secret process, monopolies" in connection with DotSoft, LLC., for the Software Licenses, Updates/Upgrades, Maintenance, and Technical Support for the C3D Took Kit. (Audio Reference 05m: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 5.F.1.
Vote: 4 - 0 -Unanimously
2. Approval of "Sole Source Declaration" for DotSoft, LLC., for the purchase of C3D Tool Kit Extension Software, Updates/Upgrades, Maintenance, and Technical Support, in the amount of $1,062.00, unless upgrades are required and as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Audio Reference 06m:10s)
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.F.2.
Vote: 4 - 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.F.1.
Vote: 4 - 0 -Unanimously
2. Approval of "Sole Source Declaration" for DotSoft, LLC., for the purchase of C3D Tool Kit Extension Software, Updates/Upgrades, Maintenance, and Technical Support, in the amount of $1,062.00, unless upgrades are required and as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Audio Reference 06m:10s)
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.F.2.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -86775
1) 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 Faysville Drain 2018 Bond No. 11A 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 06m:34s)
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 6.A.1.
Vote: 4 - 0 – Unanimously
2) 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 Jackson Drain 2018 Bond No. 16 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 07m:04s)
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.A.2.
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 agenda item 6.A.1.
Vote: 4 - 0 – Unanimously
2) 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 Jackson Drain 2018 Bond No. 16 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 07m:04s)
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.A.2.
Vote: 4 - 0 – Unanimously
B.
AI -86765
Requesting approval of Right of possession Agreement for Parcel 24-E10 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 and authority for Drainage District General Manager to execute documents. (Audio Reference 07m:30s)
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.B.
Vote: 4 - 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 6.B.
Vote: 4 - 0 – Unanimously
C.
AI -86679
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Mor-Wil, LLC, for CSP No. HCDD1-22-024-07-26, "J-08 Drain Improvements-2018 Bond Referendum Project No. 15B," in the amount of $1,465,141.51, as approved for negotiations by the Board of Directors - Agenda Item No. 86402 on 6/28/22. (Subject to Legal review and Compliance with HB1295). (Audio Reference 07m:46s)
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.C.1.
Vote: 4 - 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 08m:17s)
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.C.2.
Vote: 4 - 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 6.C.1.
Vote: 4 - 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 08m:17s)
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.C.2.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -86752
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-045-07-01), with South Texas Infrastructure Group, LLC for the project: "Mile 11 N & FM 1015-2018 Bond Referendum Project No. 22", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date for construction related services to July 31, 2023, (subject to Legal review and compliance with HB1295). (Audio Reference 08m:42s)
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.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-045-07-01), with South Texas Infrastructure Group, LLC, for the project: "Mile 11 N & FM 1015-2018 Bond Referendum Project No. 22", to reflect a revised period of service to end on July 31, 2023, (subject Legal review and compliance with HB1295). (Audio Reference 09m:35s)
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.2.
Vote: 4 - 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 6.D.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-045-07-01), with South Texas Infrastructure Group, LLC, for the project: "Mile 11 N & FM 1015-2018 Bond Referendum Project No. 22", to reflect a revised period of service to end on July 31, 2023, (subject Legal review and compliance with HB1295). (Audio Reference 09m:35s)
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.2.
Vote: 4 - 0 – Unanimously
Attachments:
E.
AI -86743
1. Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco -2018 Bond Referendum Project No. 35", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date for construction related services to December 30, 2023, (subject to Legal review and compliance with HB1295). (Audio Reference 10m:01s)
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.E.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco-2018 bond Referendum Project No. 35", to reflect a revised period of service to end on December 30, 2023, (subject Legal review and compliance with HB1295). (Audio Reference 10m:47s)
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.E.2.
Vote: 4 - 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 6.E.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco-2018 bond Referendum Project No. 35", to reflect a revised period of service to end on December 30, 2023, (subject Legal review and compliance with HB1295). (Audio Reference 10m:47s)
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.E.2.
Vote: 4 - 0 – Unanimously
Attachments:
F.
AI -86762
PD Lateral Phase II - Budget 529
1. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaing to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. (Audio Reference 11m:13s)
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 6.F.1.
Vote: 4 - 0 – Unanimously
2. Approval of Application for Payment Retainage in the amount of $184,601.47 and $450.14 in interest from Mor-Wil, LLC pertaining to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering Group PO#640212 (Audio Reference 11m:28s)
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.F.2.
Vote: 4 - 0 -Unanimously
1. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaing to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. (Audio Reference 11m:13s)
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 6.F.1.
Vote: 4 - 0 – Unanimously
2. Approval of Application for Payment Retainage in the amount of $184,601.47 and $450.14 in interest from Mor-Wil, LLC pertaining to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering Group PO#640212 (Audio Reference 11m:28s)
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.F.2.
Vote: 4 - 0 -Unanimously
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -86760
PSJA Lateral - Budget 305
1. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers Construction pertaining to PSJA Lateral Construction Contract C-HCDD1-20-063-11-12. (Audio Reference 11m:52s)
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 7.A.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Application for Payment of Retainage in the amount of $251,532.30 plus interest of $112.32 from Saenz Brothers Construction pertaining to PSJA Lateral Construction Contract C-HCDD1-20-063-11-12. Project Engineer: Javier Hinojosa PO#641494 (Audio Reference 11m:28s) (Audio Reference 12m:09s)
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 7.A.2.
Vote: 4 - 0 – Unanimously
1. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers Construction pertaining to PSJA Lateral Construction Contract C-HCDD1-20-063-11-12. (Audio Reference 11m:52s)
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 7.A.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Application for Payment of Retainage in the amount of $251,532.30 plus interest of $112.32 from Saenz Brothers Construction pertaining to PSJA Lateral Construction Contract C-HCDD1-20-063-11-12. Project Engineer: Javier Hinojosa PO#641494 (Audio Reference 11m:28s) (Audio Reference 12m:09s)
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 7.A.2.
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 12m:34s)
The Board proceeded into closed session with a vote of approval at 1:42 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: 4 - 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 12m:34s)
The Board proceeded into closed session with a vote of approval at 1:42 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: 4 - 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 13m:00s)
The Board returned from closed session at 1:59 P.M., and proceeded to agenda item 9.A.
The Board returned from closed session at 1:59 P.M., and proceeded to agenda item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:08s)
Legal Counselor, Ivan Perez, recommended a motion to authorize Mr. Sesin and his staff to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 9.A, as recommended above.
Vote: 4 - 0 - Unanimously
The Board proceeded to agenda item 10 - Adjournment
Legal Counselor, Ivan Perez, recommended a motion to authorize Mr. Sesin and his staff to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 9.A, as recommended above.
Vote: 4 - 0 - Unanimously
The Board proceeded to agenda item 10 - Adjournment
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
10.
Adjourn (Audio Reference 13m:20s)
Judge Cortez adjourned the meeting with a vote of approval at 1:59 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 adjourn the meeting.
Vote: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 1:59 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 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 26th day July of 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 July 26, 2022.
Signed this 27th day of July 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 26th day July of 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 July 26, 2022.
Signed this 27th day of July 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy