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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - APRIL 18, 2023

BE IT REMEMBERED, that on this 18th day of April A.D., 2023, 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
APRIL 18, 2023
9:30 A.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 :11s)

Judge Cortez called the meeting to order at 9:30 A.M.

All members of the Board were present during the roll call, except for Commissioner Fuentes and Commissioner Cantu.

Commissioner Cantu joined the meeting during the prayer, and Commissioner Fuentes joined the meeting when returning from closed session.
 
2.
 
Prayer (Audio Reference :25s)

General Manager of the Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.

Commissioner Cantu joined the meeting at this time.
 
3.
 
Open Forum (Audio Reference 03m:03s)

There were no participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:13s)

The Board proceeded with the vote of approval for the Drainage District - Consent Agenda.

See the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -90479
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) a professional service;  (Audio Reference 03m:28s)

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: 4 - 0 – Unanimously

2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate On-Call Professional Surveying Services Agreements with SAMES, Inc., Quintanilla, Headley & Associates, Inc., and S2 Engineering, PLLC for Professional Surveying Services on an as-needed basis from the District's pre-approved "pool" of pre-qualified Professional Surveyors as approved by the Board of Directors on March 7, 2023, AI-89829. (Audio Reference 03m:44s)

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.A.2.

Vote: 4 - 0 - Unanimously
 
B.
AI -90542
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) a professional service; (Audio Reference 04m:08s)

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.B.1.

Vote: 4 - 0 – Unanimously

2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Surveying Services Agreement with S2 Engineering, PLLC for the project Mile 6 Drainage Improvement Project'', from the District's pre-approved "Pool" of pre-qualified professional surveyors as approved by the Board of Directors on March 7, 2023, AI-89829. (Audio Reference 04m:20s)

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.2.

Vote: 4 - 0 - Unanimously
 
C.
AI -90541
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, draft contract etc.,) for "HP Pipes and Related Items", RFB No. HCDD1-23-017-04-18-ESZ, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 04m:39s)

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
 
D.
AI -90522
Requesting authority to enter an agreement with Union Pacific in reference to the HCRMA 365 pipeline crossing and authorization for Hidalgo County Drainage District No. 1 General Manager to execute documents. Pending final legal review. (Audio Reference 04m:59s)

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
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -90389
1.Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-013-05-21), with L&G Consulting Engineers, Inc. dba L&G Engineering, for the project "Mission Lateral - 2018 Bond Referendum Project #26", to reflect a revised Exhibit "D" - Work Schedule with an extended termination date of November 25, 2024 (Subject to legal review and compliance with HB1295). (Audio Reference 05m:17s)

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. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-013-05-21), with L&G Consulting Engineers, Inc. dba L&G Engineering, for the project "Mission Lateral - 2018 Bond Referendum Project #26", to reflect a revised termination date of November 25, 2024 (Subject to legal review and compliance with HB1295). (Audio Reference 05m:40s)

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.2.

Vote: 4 - 0 – Unanimously
 
B.
AI -90521
Cesar Chavez, Texas Rd, Canton, & Tower Rd Improvements - Budget 010
1. Approval of Application for Payment No.9 Retainage in the amount of $164,252.91 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-011-07-27 Cesar Chavez, Texas Rd, Canton, & Tower Rd Improvements. Project Engineer: HCDD1, PO#642716 
2. Approval and acceptance of Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-011-07-27 Cesar Chavez, Texas Rd, Canton, & Tower Rd Improvements.
Faysville Drain - Budget 511
3. Approval of Application for Payment No. 5 in the amount of $76,500.00 from RDH Site & Concrete pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain Improvements. Project Engineer: Tedsi Infrastructure, PO#645348
FM 493 & Country Rd - Budget 512
4. Approval of Application for Payment No. 2 in the amount of $123,642.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-22-001-03-08 FM 493 & Country Road. Project Engineer: SAMES Engineering, PO#646786
J-08 Drain - Budget 515
5. Approval of Application for Payment No. 4 in the amount of $260,520.33 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley, PO#646299
Jackson Road Drain - Budget 516
6. Approval of Application for Payment No. 13 in the amount of $83,301.80 from RG Enterprises pertaining to Construction Contract C-HCDD1-20-034-08-11 Jackson Road Drain. Project Engineer: Quintanilla Headley, PO#640613
Mile 9 N & FM 1015 - Budget 524
7. Approval of Application for Payment No. 1 in the amount of $574,441.30 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N & FM 1015 Package 1B. Project Engineer: Halff Associates, PO#645350
Mission - McAllen Rado Alt Ph I - Budget 525
8. Approval of Application for Payment No. 8 in the amount of $93,840.98 from Gonzalez Engineering pertaining to Construction Contract C-HCDD1-21-023-07-27 Mission - McAllen Rado Alt Ph I. Project Engineer: B2Z Engineering, PO#642887
South I Rd (East Side) - Budget 533
9. Approval of Application for Payment No. 7 in the amount of $23,672.61 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-029A-08-09 South I Rd (East Side). Project Engineer: B2Z Engineering, PO#646597

(Audio Reference 06m:03s)

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 items 6.B.1 through 6.B.9

Vote: 4 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -90523
Alamo Expressway Drain Extension - Budget 320
1. Approval of Application for Payment No. 11 in the amount of $0.00 from Clore Equipment LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Extension. Project Engineer: HCDD1 PO#645596
2. Approval of Application for Payment No. 12 in the amount of $36,899.38 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Extension. Project Engineer: HCDD1 PO#645596 (Audio Reference 08m:07s)

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 items 7.A.1 and 7.A.2.

Vote: 4 - 0 – Unanimously
 
8.
 
General Fund:
 
A.
AI -90524
Raymondville Drain - Budget 010
Payment approval of Invoice No. 18-24-2022 RD in the amount of $157,143.78 from Hidalgo County Precinct 4 pertaining to Raymondville Drain work performed August 15 through November 20, 2022. (Audio Reference 08m:37s)

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 8.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
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 08m:59s)

The Board proceeded into closed session with a vote of approval at 9:39 A.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 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)

No action was taken on agenda item 9.C, as it was a closed session item.
 
10.
 
Open Session: (Audio Reference 09m:31s)

The Board returned from closed session at 9:59 A.M., and proceeded to agenda item 10.A.

Commissioner Fuentes joined the meeting at this time.

Commissioner Cantu and Commissioner Torres did not return from closed session
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 09m:36s)

Mr. Sesin requested that he, the General Manager of Hidalgo County Drainage No.1, authorization to proceed as discussed in closed session.

The Board proceeded with a vote of approval as recommended above.

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 10.A, as requested.

Vote: 3 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 09m:48s)

Judge Cortez adjourned the meeting with a vote of approval at 9:59 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 3 - 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 18th day of April 2023

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 18, 2023.

Signed this 18th day of April 2023




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy