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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - MAY 2, 2023

BE IT REMEMBERED, that on this 2nd day of May 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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
MAY 2, 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 :24s)

Judge Cortez called the meeting to order at 9:32 A.M.

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

Commissioner Fuentes joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :41s)

General Manager of Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:05s)

There were no participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:12s)

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

See the Drainage District - Consent Agenda for the action taken.

Commissioner Fuentes joined the meeting.
 
5.
 
General Operations:
 
A.
AI -90717
Discussion and update as it relates to the 2023 Drainage Bond Program. (Audio Reference 03m:29s)

Raul Sesin presented an update in regard to the 2023 Drainage Bond Program. 

No action was taken on agenda item 5.A.
 
B.
AI -90718
Requesting approval of Resolution in Support of Hidalgo County  Pct. 4 - Texas Department of Transportation's 2023 Transportation Alternative Set-Aside Project. (Pending final legal review) (Audio Reference 05m:10s)

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.B.

Vote: 4 - 0 – Unanimously
 
C.
AI -90715
Discussion and approval of Resolution in Support of Reappropriating CDBG-DR 2018 and 2019 Funds for Regional Drainage in South Texas. (Audio Reference 05m:26s)

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.C.
            
Vote: 4 - 0 – Unanimously
 
D.
AI -90709
  1. Requesting ratification of the attached Resolution of the Hidalgo County Drainage District No. 1 Board of Directors, extending the current Depository Contract (C-19-023-05-21), with Lone Star National Bank, for one (1) two (2) year term, under the same rates, terms and conditions, in accordance with Texas Local Government Code 116.021(a) and any other applicable statutes. 
  2. Pursuant to Item A., requesting authority to exercise the two (2) year extension of the Current Depository Contract (C-19-023-05-21) with Lone Star National Bank, under the same rates, terms, and conditions. (Audio Reference 06m:44s)
Commissioner Cantu abstained from any discussion and/or action with regard to agenda items 5.D.A and 5.D.B.

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.A and 5.D.B.
            
 Vote: 3 - 0 – Unanimously
 
E.
AI -90658
1. Requesting approval for exemption from competitive bidding requirements under TxLGC 262.024(a)(4) a professional service; (Audio Reference 07m:43s)

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.E.1.

Vote: 4 - 0 - Unanimously

2. Requesting approval to award a Professional Engineering Services Agreement to Halff Associates, Inc. (C-HCDD1-23-022-05-02) in connection to the HCDD1 Complex - M&O Training Facility from the District's pre-approved "pool" of pre-qualified professional engineers as approved by the Board of Directors on 03/07/2023, AI-89829 (subject to final legal review and HB1295). (Audio Reference 07m:55s)

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.E.2.

Vote: 4 - 0 - Unanimously

3. Pursuant to the approval of the Professional Engineering Services Agreement (C-HCDD1-23-022-05-02), requesting approval of Work Authorization No. 1 in the total amount of $241,000 to provide Professional Engineering Services for the HCDD1 Complex - M&O Training Facility (subject to final legal review and HB1295). (Audio Reference 08m:21s)

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 5.E.3.

Vote: 4 - 0 – Unanimously
 
F.
AI -90702
1. Requesting approval for exemption from competitive bidding requirements under TxLGC 262.024(a)(4) a professional service; (Audio Reference 08m:41s)

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 5.F.1.

Vote: 4 - 0 – Unanimously

2. Requesting approval to award a Professional Engineering Services Agreement for the provisions of Project Management & Geotechnical with B2Z Engineering (C-HCDD1-23-024-05-02), in connection to the HCDD1 Complex - M&O Training Facility from the District's pre-approved "pool" of pre-qualified professional engineers as approved by the Board of Directors on 03/07/2023, AI-89829. (Audio Reference 08m:51s)

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.F.2.

Vote: 4 - 0 - Unanimously

3. Pursuant to the approval of the Professional Engineering Services Agreement, requesting approval of Work Authorization No. 1 in the total amount of $148,688.27 as submitted by B2Z Engineering, (Contract No. C-HCDD1-23-024-05-02) to provide Professional Engineering Services for Project Management & Geotechnical for the HCDD1 Complex - M&O Training Facility. (Audio Reference 09m:13s)

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.F.3.

Vote: 4 - 0 - Unanimously
 
G.
AI -90605
Requesting approval of the following final negotiated contracts for the provision of Professional On-call Surveying Services for Hidalgo County Drainage District No. 1 projects, as approved for negotiations by HCDD1 Board of Directors on 04/18/23, AI-90479 (Subject to final legal review and compliance with HB1295):
 
Contract No.  Firm
C-HCDD1-23-018-05-02 SAMES, Inc.
C-HCDD1-23-018A-05-02 Quintanilla, Headley & Associates, Inc.
C-HCDD1-23-018B-05-02 S2 Engineering, PLLC.

(Audio Reference 09m:34s)

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 5.G.

Vote: 4 - 0 – Unanimously
 
H.
AI -90590
1.  Requesting approval of final negotiated Professional Surveying Agreement with S2 Engineering, PLLC, related to the project:“ Mile 6 Drainage Improvement Outfall Project”, C-HCDD1-23-021-05-02. Approved for negotiations by HCDD1 Board of Directors on 4/18/2023, Agenda Item # 90542 (subject to final Legal review); (Audio Reference 10m:09s)
 
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 5.H.1.

Vote: 4 - 0 – Unanimously

2. Pursuant to the Board's Approval of the Professional Surveying Agreement with S2 Engineering, PLLC, requesting approval to issue a Purchase Order in the amount of $122,500.00, to provide Surveying Services for “Mile 6 Drainage Improvement Project”, C-HCDD1-23-021-05-02. (Audio Reference 10m:27s)

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.H.2.

Vote: 4 - 0 - Unanimously
 
I.
AI -90611
1. Requesting approval to award and issue a purchase order in the amount of $2,130,226.02 to the lowest and most responsible bidder meeting all requirements, Welch Excavation & Utility Company, Inc., for the "North Main Drain Expansion (Canton to 17 1/2), TDEM Project" (RFB HCDD1-22-066-02-01-ESZ) as recommended by Project Engineer Omar Anzaldua, PE, CFM, HCDD1. (Subject to final legal review and compliance with HB1295) (Audio Reference 10m:46s)

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 5.I.1.

Vote: 4 - 0 – Unanimously

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority 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 11m:17s)

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 5.I.2.
            
Vote: 4 - 0 – Unanimously
 
J.
AI -90714
 Requesting approval to dispose of Asset No. 1493 - Conference Table and approval to remove from the District's asset list. (Audio Reference 11m:40s)

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 5.J.
            
Vote: 4 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -90701
1. Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Services
Contract (C-HCDD1-19-004-03-26), with L & G Engineers, Inc. dba L&G Engineering, for the
"Anaquitas - 2018 Bond Referendum Project #08", to reflect a Revised Exhibit "D"-Work
Schedule, with an extended termination date of February 1, 2025 (subject to Legal review and compliance
with HB1295). (Audio Reference 11m:53s)

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.1.

Vote: 4 - 0 -Unanimously 

2. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 2 of the
Professional Engineering Services Contract (C-HCDD1-19-004-03-26), with L & G Engineers, Inc.
dba L&G Engineering, for the "Anaquitas - 2018 Bond Referendum Project #08", to reflect a
revised period of service to end on, February 1, 2025 (subject Legal review and compliance with
HB1295). (Audio Reference 12m:16s)

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.A.2.

Vote: 4 - 0 – Unanimously
 
B.
AI -90568
Requesting approval of Change Order No.2, reflecting an increase in the amount of $83,854.00, and Ninety (90) additional construction calendar days, in connection with the project "Mission-McAllen Rado Phase I -2018 Bond Referendum Project No. 25’', Contract No. C-HCDD1-21-023-07-27, with Gonzalez Engineering & Management, LLC, as recommended by Project Engineer, B2Z Engineering, LLC. (Audio Reference 12m:47s)

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.B.
                
Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -90721
Requesting approval of closing documents for Parcel 10A-2 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents. (Audio Reference 13m:14s)

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.C.
                
Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI -90707
East Mercedes - Budget 510
1. Approval of Application for Payment No. 1 in the amount of $206,507.29 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-051-01-17 East Mercedes. Project Engineer: HCDD1 Yvette Barrera, P.E., PO#647299
Mile 9 N & FM1015 Package 1B - Budget 524
2. Approval of Application for Payment No. 2 in the amount of $366,627.37 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 Lateral - Budget 526
3. Approval of Application for Payment No. 8 in the amount of $203,280.69 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-21-027-07-27 Mission Lateral. Project Engineer L&G Engineering, PO#642757
Western Rd & 9-Mile Line - Budget 537
4. Payment approval of Invoice No. HCDD1-0129 in the amount of $47,642.49 from Hidalgo County Precinct No. 3 for force labor and equipment reimbursement for Pay Period 18 through 22, 2022. (Audio Reference 13m:25s)

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 6.D.1 through 6.D.4.

Vote: 4 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -90716
1.) Requesting approval of Tender Agreement between Hidalgo County Drainage District No.1 and Lexon Insurance Company as it relates to Construction Contract No. HCDD1-21-017-05-19 Weslaco Drain Improvement (Proposed Additional 10' x 10' Box with Gate Structure). (Pending final legal review) (Audio Reference 14m:23s)

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 7.A.1.

Vote: 4 - 0 -Unanimously

2.) Pursuant to the Boards approval of Tender Agreement, requesting approval of Construction Contract with Mor-Wil, LLC for Weslaco Drain Improvement (Proposed Additional 10' x 10' Box with Gate Structure) C-HCDD1-21-017-R-05-02. (Pending final legal review) (Audio Reference 14m:43s)

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 7.A.2.
                
Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
General Fund:
 
A.
AI -90711
Raymondville Drain - Budget 010
Payment approval of Invoice No. 25-26 2022 RD in the amount of $94,855.88 from Hidalgo County Precinct No. 4 pertaining to Raymondville Drain work performed Pay Period 25 and 26, 2022. (Audio Reference 15m:16s)

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 8.A.
                
Vote: 4 - 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 15m:37s)

The Board proceeded into closed session with a vote of approval at 9:48 A.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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.
 
1.
AI -90724
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 as it was a closed session item.
 
10.
 
Open Session: (Audio Reference 16m:14s)

The Board returned from closed session at 10:21 A.M., and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 16m:24s)

Legal Counsel, Ivan Perez, recommended a motion to authorize Raul Sesin 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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 10.A, as requested.

Vote: 4 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation (Audio Reference 16m:36s)

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 16m:36s)

Judge Cortez adjourned the meeting with a vote of approval at 10:21 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court 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 2nd day of May 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 May 2, 2023.

Signed this 2nd day of May 2023




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy