SPECIAL MEETING - JULY 11, 2023
BE IT REMEMBERED, that on this 11th day of July 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 JULY 11, 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 00m:19s)
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Fuentes.
Commissioner Fuentes joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Fuentes.
Commissioner Fuentes joined the meeting at a later time.
2.
Prayer (Audio Reference 00m:33s)
Assistant General Manager, Omar Anzaldua, from Hidalgo County Drainage District No. 1, offered the prayer.
Assistant General Manager, Omar Anzaldua, from Hidalgo County Drainage District No. 1, offered the prayer.
3.
Open Forum (Audio Reference 01m:08s)
There were no participants for open forum.
There were no participants for open forum.
4.
Approval of Consent Agenda (Audio Reference 01m:10s)
The Board proceeded with the discussion and approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded with the discussion and approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -91426
Requesting approval of Release of Easement/Right of Way for McAllen Lateral (Auburn Ave) and authority of the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 01m:30s)
Commissioner Fuentes joined the meeting.
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.A
Vote: 5 - 0 -Unanimously
Commissioner Fuentes joined the meeting.
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.A
Vote: 5 - 0 -Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -91595
Requesting approval of Supplemental Agreement No. 3 to the Agreement for Professional Engineering Services and Work Authorization No. 1 for the "Mile 11 N & FM 1015 - 2018 Bond Referendum Project #22", contract C-HCDD1-19-045-07-01, with South Texas Infrastructure Group, LLC. to reflect a revised Exhibit "D"- Work Schedule with an extended completion date of September 30, 2024 (subject to legal review and compliance to HB1295). (Audio Reference 01m:45s)
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.A., subject to legal review and compliance to HB1295.
Vote: 5 - 0 – Unanimously
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.A., subject to legal review and compliance to HB1295.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -91550
Requesting approval of Supplemental Agreement No. 4 to the Agreement for Professional Engineering Services and Supplemental Agreement No. 2 to Work Authorization No. 2 for the "Mid Valley Airport - 2018 Bond Referendum Project #19", contract C-HCDD1-19-034-03-26, with L & G Consulting Engineers, Inc. dba L&G Engineering to reflect a revised Exhibit "D"- Work Schedule with an extended completion date of October 01, 2025 (subject to legal review and compliance to HB1295). (Audio Reference 02m:30s)
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 6.B., subject to legal review and compliance to HB1295.
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 6.B., subject to legal review and compliance to HB1295.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -91448
Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Services Agreement and to the Work Authorization No. 1 for the project "Faysville Drain -2018 Bond Referendum Project 11-B", contract (C-HCDDl-19-039-05-21), with TEDSI Infrastructure Group, Inc., to reflect a Revised Exhibit "D1-Work Schedule, with an extended termination date of October 31, 2023 (subject to final legal review). (Audio Reference 03m: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 6.C., subject to final legal review.
Vote: 5 - 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.C., subject to final legal review.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -91570
1. Requesting approval of Amended and Restated Easement for Parcel E-4 as it relates to the Jackson Road Drain and authority for the Chairman of the Board to execute documents. (Audio Reference 03m: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 6.D.1.
Vote: 5 - 0 – Unanimously
2. Requesting approval for Possession and Use Agreement between Maria Blanca Cruz and Hidalgo County Drainage District No. 1 as it relates to Parcel E-5 of the Jackson Road Drain Project and authority for the Drainage District General Manager to execute documents. (Audio Reference 03m:58s)
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. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1.
Vote: 5 - 0 – Unanimously
2. Requesting approval for Possession and Use Agreement between Maria Blanca Cruz and Hidalgo County Drainage District No. 1 as it relates to Parcel E-5 of the Jackson Road Drain Project and authority for the Drainage District General Manager to execute documents. (Audio Reference 03m:58s)
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
E.
AI -91574
East Mercedes - Budget 510 (Audio Reference 04m:19s)
1. Approval of Application for Payment No. 4 in the amount of $101,795.94 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-051-01-17 East Mercedes. Project Engineer HCDD1 Yvette Barrera, PE, CFM, PO#647299
FM 493 & Country Road - Budget 512
2. Approval of Application for Payment No. 3 in the amount of $117,819.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-22-032A-08-18 FM 493 & Country Road. Project Engineer: SAMES Engineering, PO#646786
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 6 in the amount of $131,126.12 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley, PO#646299
Mission-McAllen Rado Alt Phase I - Budget 525
4. Approval of Application for Payment No. 11 in the amount of $147,889.31 from Gonzalez Engineering pertaining to Construction Contract C-HCDD1-21-023-07-27 Mission - McAllen Rado Alternate Phase I. Project Engineer: B2Z Engineering, PO#642887
South Lateral Drain Structure - Budget 534
5. Approval of Application for Payment No. 3 in the amount of $208,993.50 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-033-07-12 South Lateral Drain Structure. Project Engineer HCDD1 Yvette Barrera, PE, CFM, PO#646381
Delta - Budget 360
6. Approval of Invoice DD-22 in the amount of $6,797.31 from Hidalgo County Precinct 1 for equipment use 4th Quarter 2022.
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 items 6.E.1., through 6.E.6.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 4 in the amount of $101,795.94 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-051-01-17 East Mercedes. Project Engineer HCDD1 Yvette Barrera, PE, CFM, PO#647299
FM 493 & Country Road - Budget 512
2. Approval of Application for Payment No. 3 in the amount of $117,819.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-22-032A-08-18 FM 493 & Country Road. Project Engineer: SAMES Engineering, PO#646786
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 6 in the amount of $131,126.12 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley, PO#646299
Mission-McAllen Rado Alt Phase I - Budget 525
4. Approval of Application for Payment No. 11 in the amount of $147,889.31 from Gonzalez Engineering pertaining to Construction Contract C-HCDD1-21-023-07-27 Mission - McAllen Rado Alternate Phase I. Project Engineer: B2Z Engineering, PO#642887
South Lateral Drain Structure - Budget 534
5. Approval of Application for Payment No. 3 in the amount of $208,993.50 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-033-07-12 South Lateral Drain Structure. Project Engineer HCDD1 Yvette Barrera, PE, CFM, PO#646381
Delta - Budget 360
6. Approval of Invoice DD-22 in the amount of $6,797.31 from Hidalgo County Precinct 1 for equipment use 4th Quarter 2022.
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 items 6.E.1., through 6.E.6.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2023 Bond Referendum Projects:
A.
AI -91577
Hidalgo County Drainage District No.1 Financial Status update (Audio Reference 06m:25s)
Noe Hinojosa and Bobby Villarreal with Estrada Hinojosa and Company, presented the Hidalgo County Drainage District No.1 Financial Status update to the Board.
No action was taken on agenda item 7.A
Noe Hinojosa and Bobby Villarreal with Estrada Hinojosa and Company, presented the Hidalgo County Drainage District No.1 Financial Status update to the Board.
No action was taken on agenda item 7.A
8.
General Fund:
A.
AI -91580
M&O - Budget 006 (Audio Reference 24m:14s)
1. Payment approval of Invoice No. DD-22 in the amount of $49,722.16 from Hidalgo County Precinct 1 for equipment use various projects during the 4th Quarter of 2022.
Raymondville Drain - Budget 010
2. Payment approval of Invoice No. 07-09-2023 RD in the amount of $90,613.42 from Hidalgo County Precinct 4 for Pay Period 7 and 9, 2023 construction services.
RMA SH-365 Outfall - Budget 201
3. Payment approval of Invoice No. DD-22 in the amount of $8,534.26 from Hidalgo County Precinct 1 for RMA SH 365 Outfall equipment use during the 4th Quarter of 2022.
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 items 8.A.1., through 8.A.3.
Vote: 5 - 0 – Unanimously
1. Payment approval of Invoice No. DD-22 in the amount of $49,722.16 from Hidalgo County Precinct 1 for equipment use various projects during the 4th Quarter of 2022.
Raymondville Drain - Budget 010
2. Payment approval of Invoice No. 07-09-2023 RD in the amount of $90,613.42 from Hidalgo County Precinct 4 for Pay Period 7 and 9, 2023 construction services.
RMA SH-365 Outfall - Budget 201
3. Payment approval of Invoice No. DD-22 in the amount of $8,534.26 from Hidalgo County Precinct 1 for RMA SH 365 Outfall equipment use during the 4th Quarter of 2022.
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 items 8.A.1., through 8.A.3.
Vote: 5 - 0 – Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -91594
Requesting approval of closing documents for Parcel 5 as it relates to SH 107 outfall Project and authority for the Chairman of the Board to execute documents (Audio Reference 25m:18s)
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 9.A.
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 9.A.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -91425
Requesting acceptance and approval of donation Deed from San Jacinto Enterprises, LLC as it relates to a 2.22 Acre tract of land of Lot 12, Block 99 of Campacuas Addition Subdivision of Llano Grande Grant. (Audio Reference 25m:34s)
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 9.B.
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 9.B.
Vote: 5 - 0 - Unanimously
Attachments:
10.
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 25m:55s)
The Board proceeded into Closed Session with a vote of approval at 9:56 a.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 25m:55s)
The Board proceeded into Closed Session with a vote of approval at 9:56 a.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 11.A
Reference agenda item 11.A
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 11.B
Reference agenda item 11.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 10.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 10.C., as it was a closed session item.
11.
Open Session: (Audio Reference 26m:56s)
The Board returned from closed session at 10:02 A.M., and proceeded to the agenda items under open session.
Commissioner Cantu rejoined the meeting before adjournment.
Commissioner Torres was not present during open session.
The Board returned from closed session at 10:02 A.M., and proceeded to the agenda items under open session.
Commissioner Cantu rejoined the meeting before adjournment.
Commissioner Torres was not present during open session.
A.
Possible Action of Real Estate Acquisition (Audio Reference 27m:05s)
Omar Anzaldua recommended approval for agenda item 11.A., as discussed in closed session.
The Board proceeded with a vote of approval as discussed in closed session for agenda item 11.A.
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 11.A.
Vote: 3 - 0 – Unanimously
Omar Anzaldua recommended approval for agenda item 11.A., as discussed in closed session.
The Board proceeded with a vote of approval as discussed in closed session for agenda item 11.A.
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 11.A.
Vote: 3 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 11.B.
No action was taken on agenda item 11.B.
12.
Adjourn (Audio Reference 27m:12s)
The Board proceeded with a vote of approval to adjourn the meeting at 10:02 a.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
The Board proceeded with a vote of approval to adjourn the meeting at 10:02 a.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 the11th day of July 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Daniela E. Garza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on July 11, 2023.
Signed this 12th day of July 2023.
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the11th day of July 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Daniela E. Garza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on July 11, 2023.
Signed this 12th day of July 2023.
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy