REGULAR MEETING - JULY 25, 2023
BE IT REMEMBERED, that on this 25th day of July A.D., 2023, 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 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 25, 2023 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:
1.
Roll Call (Audio Reference 00m:05s)
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 Cantu.
Commissioner Fuentes joined the meeting via video conference.
Commissioner Cantu joined the meeting during the prayer.
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 Cantu.
Commissioner Fuentes joined the meeting via video conference.
Commissioner Cantu joined the meeting during the prayer.
2.
Prayer (Audio Reference 00m:15s)
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 00m:56s)
Participant, Joe Rodriguez, came before the Board, expressing his concerns with the deterioration of the roads and existing drainage issues.
Participant, Joe Rodriguez, came before the Board, expressing his concerns with the deterioration of the roads and existing drainage issues.
4.
Approval of Consent Agenda (Audio Reference 04m:06s)
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 -91761
Approval of Resolution and Affidavit requesting financial assistance from the Texas Water Development Board for the Raymondville Drain Project and action designating Mr. Raul E. Sesin, P.E., CFM as authorized signor of the grant agreement and any other necessary documents that apply to the grant and transfer of funds. (Audio Reference 04m:24s)
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 5.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 5.A.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -91693
Requesting approval to exercise the District's sole option to renew/extend the contract with Terra Firma Materials, L.L.C., for ''Flexible Base Material (Crushed Caliche)'' for a period of one (1) year, under the same, rates, terms, and conditions as stated in the contract number C-HCDD1-22-035-08-09, effective August 9, 2023. (Audio Reference 05m:00s)
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 5.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 5.B.
Vote: 5 - 0 -Unanimously
Attachments:
C.
AI -91646
1. Requesting approval of final negotiated Professional Services Agreement with B2Z Engineering, LLC, (C-HCDD1-23-036-07-25) as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects; Approved for negotiations by the HCDD1 Board of Directors on 5/30/23, AI-91054. (subject to final Legal review). (Audio Reference 05m:25s)
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.C.1.
Vote: 5 - 0 - Unanimously
2. Pursuant to Board approval, requesting acceptance and approval of Work Authorization No. 1 in the amount of $66,279.75 to provide Construction Material Testing Services (On-Call) for the project ''Mile 10 N. & Baseline Rd Ph II USIBWC Structure 139 -2018 Bond Referendum Project No. 20'', as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-23-036-07-25. (Subject to final legal review) (Audio Reference 05m:55s)
Assistant General Manager, Omar Anzaldua, from Hidalgo County Drainage District No. 1 stated the correct amount for the Work Authorization No. 1 should read $112,558.44 and not $66,279.75.
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.C.2., with correction.
Vote: 5 - 0 - Unanimously
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.C.1.
Vote: 5 - 0 - Unanimously
2. Pursuant to Board approval, requesting acceptance and approval of Work Authorization No. 1 in the amount of $66,279.75 to provide Construction Material Testing Services (On-Call) for the project ''Mile 10 N. & Baseline Rd Ph II USIBWC Structure 139 -2018 Bond Referendum Project No. 20'', as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-23-036-07-25. (Subject to final legal review) (Audio Reference 05m:55s)
Assistant General Manager, Omar Anzaldua, from Hidalgo County Drainage District No. 1 stated the correct amount for the Work Authorization No. 1 should read $112,558.44 and not $66,279.75.
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.C.2., with correction.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -91772
Requesting authority to advertise and approval of the procurement packet (requirements, specifications, plans, etc), for the project "365 Toll Off-Site Drainage Improvements Project Outfall #2, #3 & #4" RFB HCDD1-23-042-08-16-KMG, including the re-advertising of the project in the event no responses are received. (Audio Reference 06m:37s)
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.D.
Vote: 5 - 0 - Unanimously
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.D.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -91692
Requesting approval of closing documents for Parcel E1 as it relates to the Glasscock Rd Mile 4 to Mile 5 Area Drainage Improvements project and authority for the Chairman of the Board to execute documents. (Audio Reference 07m:07s)
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.E.
Vote: 5 - 0 - Unanimously
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.E.
Vote: 5 - 0 - Unanimously
Attachments:
6.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -91780
Main Floodwater Channel Weir 4 - Budget 375
Approval of Application for Payment No. 4 in the amount of $151,580.61 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-030-07-12 MFW Weir 4. Project Engineer International Consulting Engineers, PO#646926 (Audio Reference 07m:26s)
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 6.A.
Vote: 5 - 0 - Unanimously
Approval of Application for Payment No. 4 in the amount of $151,580.61 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-030-07-12 MFW Weir 4. Project Engineer International Consulting Engineers, PO#646926 (Audio Reference 07m:26s)
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 6.A.
Vote: 5 - 0 - Unanimously
Attachments:
7.
2018 Bond Referendum Projects:
A.
AI -91688
Requesting approval of closing documents for Parcel 21-4 as it relates to Project 21 of the 2018 Drainage Bond Program - Mile 10 N & Mile 1 W Project and authority for the Chairman of the Board to execute documents. (Audio Reference 07m:55s)
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
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:
B.
AI -91766
Faysville Drain - Budget 511 (Audio Reference 08m:17s)
1. Approval of Application for Payment No. 1 in the amount of $104,579.39 from RDH Site and Concrete pertaining to Construction Contract C-HCDD1-21-047-09-29 Faysville Drain Improvements. Project Engineer KCI, PO#645349
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 6 in the amount of $68,850.00 from Go Underground, LLC pertaining to Construction Contract C-HCDD1-22-019-004-20 Highway 281 & FM 88. Project Engineer: Cruz Hogan, PO#646340-R
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 7 in the amount of $18,450.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-076 J-08 Drain Improvements. Project Engineer: Quintanilla Headley, PO#646299
Mid Valley Airport - Budget 519
4. Approval of Application for Payment No. 3 in the amount of $173,221.54 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-020-05-31 Mid Valley Airport. Project Engineer: HCDD1, PO#646596-R
Mile 9 N & FM 1015 - Budget 524
5. Approval of Application for Payment No. 4 in the amount of $339,085.44 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N & FM 1015. Project Engineer: Halff Associates, PO#645350
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.B.1 through 7.B.5.
Vote: 5 - 0 -Unanimously
1. Approval of Application for Payment No. 1 in the amount of $104,579.39 from RDH Site and Concrete pertaining to Construction Contract C-HCDD1-21-047-09-29 Faysville Drain Improvements. Project Engineer KCI, PO#645349
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 6 in the amount of $68,850.00 from Go Underground, LLC pertaining to Construction Contract C-HCDD1-22-019-004-20 Highway 281 & FM 88. Project Engineer: Cruz Hogan, PO#646340-R
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 7 in the amount of $18,450.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-076 J-08 Drain Improvements. Project Engineer: Quintanilla Headley, PO#646299
Mid Valley Airport - Budget 519
4. Approval of Application for Payment No. 3 in the amount of $173,221.54 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-020-05-31 Mid Valley Airport. Project Engineer: HCDD1, PO#646596-R
Mile 9 N & FM 1015 - Budget 524
5. Approval of Application for Payment No. 4 in the amount of $339,085.44 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N & FM 1015. Project Engineer: Halff Associates, PO#645350
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.B.1 through 7.B.5.
Vote: 5 - 0 -Unanimously
Attachments:
8.
2023 Bond Referendum Projects:
A.
AI -91773
1. Presentation and discussion of Hidalgo County Drainage District's Capital Improvement Plan in the amount of $60 million and discussion of outstanding debt. (Audio Reference 10m:03s)
Assistant General Manager, Omar Anzaldua, and Bobby Villarreal with Estrada Hinojosa and Company, presented the Hidalgo County Drainage District's Capital Improvement Plan to the Board.
No action taken for Agenda Item 8.A.1
2. Request approval to authorize District's Financial Advisor, Estrada Hinojosa & Company to proceed with the preparation of financial plan for the sale of bonds needed for the first phase of the 2023 Bond Program. (Audio Reference 15m:52s)
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 8.A.2.
Vote: 5 - 0 -Unanimously
3. Consideration and action approving a resolution declaring expectation to reimburse expenditures with proceeds of future debt. (Audio Reference 16m:10s)
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 8.A.3.
Vote: 5 - 0 -Unanimously
Assistant General Manager, Omar Anzaldua, and Bobby Villarreal with Estrada Hinojosa and Company, presented the Hidalgo County Drainage District's Capital Improvement Plan to the Board.
No action taken for Agenda Item 8.A.1
2. Request approval to authorize District's Financial Advisor, Estrada Hinojosa & Company to proceed with the preparation of financial plan for the sale of bonds needed for the first phase of the 2023 Bond Program. (Audio Reference 15m:52s)
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 8.A.2.
Vote: 5 - 0 -Unanimously
3. Consideration and action approving a resolution declaring expectation to reimburse expenditures with proceeds of future debt. (Audio Reference 16m:10s)
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 8.A.3.
Vote: 5 - 0 -Unanimously
Attachments:
9.
Closed Session: (Audio Reference 16m:30s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
The Board did not proceed into closed session, and proceeded to agenda item 11 - Adjournment.
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
The Board did not proceed into closed session, and proceeded to agenda item 11 - Adjournment.
A.
Real Property (Tex. Gov't. Code 551.072)
Reference agenda item 10.A
Reference agenda item 10.A
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 10.B
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.
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 16m:30s)
No action was taken on the agenda items under Open Session.
No action was taken on the agenda items under Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 10.A.
No action was taken on agenda item 10.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 10.B.
No action was taken on agenda item 10.B.
11.
Adjourn (Audio Reference 16m:32s)
Judge Cortez adjourned the meeting with a vote of approval at 1:47 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 for adjournment.
Vote: 5 - 0 - Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 1:47 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 for adjournment.
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 25th 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 25, 2023.
Signed this 26th 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 the 25th 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 25, 2023.
Signed this 26th 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