REGULAR MEETING - AUGUST 22, 2023
BE IT REMEMBERED, that on this 22nd day of August 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 |
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 AUGUST 22, 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:
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:17s)
Judge Richard Cortez called the meeting to order at 1:34 P.M.
All members of the Board were present during the roll call, except Commissioner Torres.
Commissioner Ellie Torres was absent from this meeting.
Judge Richard Cortez called the meeting to order at 1:34 P.M.
All members of the Board were present during the roll call, except Commissioner Torres.
Commissioner Ellie Torres was absent from this meeting.
2.
Prayer (Audio Reference 00m:39s)
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:23s)
First participant, Joe Rodriguez, did not have any comments during open forum. (Audio Reference 02m:32s)
Participant, Fern McClaugherty, came before the Court to request clarification from Mr. Raul Sesin General Manager for the Drainage District No. 1, on how, based on the anticipated growth, collecting the same amount of tax rate, will not become a burden to the residents of Hidalgo county. (Audio Reference 02m:41s)
No action was taken for Agenda Item 3. - Open Forum.
First participant, Joe Rodriguez, did not have any comments during open forum. (Audio Reference 02m:32s)
Participant, Fern McClaugherty, came before the Court to request clarification from Mr. Raul Sesin General Manager for the Drainage District No. 1, on how, based on the anticipated growth, collecting the same amount of tax rate, will not become a burden to the residents of Hidalgo county. (Audio Reference 02m:41s)
No action was taken for Agenda Item 3. - Open Forum.
4.
Approval of Consent Agenda (Audio Reference 05m:21s)
The Board proceeded with the approval of the Consent Agenda
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded with the approval of the Consent Agenda
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -92167
Discussion as it relates to Texas Water Development Board special traveling meeting scheduled for September 14, 2023. (Audio Reference 05m:39s)
No action was taken on agenda Item 5.A.
No action was taken on agenda Item 5.A.
B.
AI -92166
Consider and approve an order authorizing issuance, sale and delivery of Hidalgo County Drainage District No. 1 Unlimited Tax Improvement Bonds, Series 2023 under the provision of Chapter 1371 et. Seq., Texas Government Code, payable from the Levy of a direct and continuing unlimited annual ad valorem tax pursuant to the provisions of Chapter 56, Texas Water Code; setting certain parameters for the bonds; authorizing a pricing officer to approve the amount, the interest rates, price, redemption provisions and terms thereof and certain other procedures and provisions related thereto; authorizing the use of an official statement to be used in connection with the sale of the bonds; and making other provisions regarding such bonds and matters incident thereto. (Audio Reference 05m: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.B.
Vote: 4 - 0 - Unanimously
A public participation form was submitted by Ms. Fern McClaugherty, reference Agenda Item 5.C
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.B.
Vote: 4 - 0 - Unanimously
A public participation form was submitted by Ms. Fern McClaugherty, reference Agenda Item 5.C
Attachments:
C.
AI -92149
1. Submission of the 2023 No New Revenue and Voter Approval Rate for Hidalgo County Drainage District No. 1. (Audio Reference 07m:37s)
2. Discussion of the 2023 Planning Calendar
3. Discussion of the 2023 Tax Rates.
Chief Financial Officer for the Drainage District No.1, Ms. Lora Briones, presented Agenda Items 5.C.1 through 5.C.3.
County Executive Officer, Valde Guerra, stated that there was a public participation form from Ms. Fern McClaugherty for agenda items 5.B and 5.C. Ms. McClaugherty asked the Board to consider lowering the tax rate to 0.048. In response, Judge Cortez, questioned Mr. Raul Sesin,if everything in their budget was necessary, to which Mr. Sesin responded, that everything in fact was necessary. Commissioner Cantu voted for a tax rate of .1139.
4. Record vote on the proposed 2023 tax rate and schedule a public hearing if applicable. (Audio Reference 13m:52s)
The Court then proceeded with a record vote for Agenda Item 5.C.4 proposed 2023 tax rate of .1139. (Audio Reference 13m:34s)
Pct. No. 1 Commissioner David Fuentes voted aye
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted aye
Pct. No. 3 Commissioner Everardo "Ever" Villarreal voted aye
Judge Richard Cortez voted aye
Valde Guerra confirmed that the public hearings for the Drainage District will be held September 19th, 2023 being a morning session, and September 26th , 2023 an afternoon session.
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.C.4. for public hearings as discussed.
Vote: 4 - 0 – Unanimously
2. Discussion of the 2023 Planning Calendar
3. Discussion of the 2023 Tax Rates.
Chief Financial Officer for the Drainage District No.1, Ms. Lora Briones, presented Agenda Items 5.C.1 through 5.C.3.
County Executive Officer, Valde Guerra, stated that there was a public participation form from Ms. Fern McClaugherty for agenda items 5.B and 5.C. Ms. McClaugherty asked the Board to consider lowering the tax rate to 0.048. In response, Judge Cortez, questioned Mr. Raul Sesin,if everything in their budget was necessary, to which Mr. Sesin responded, that everything in fact was necessary. Commissioner Cantu voted for a tax rate of .1139.
4. Record vote on the proposed 2023 tax rate and schedule a public hearing if applicable. (Audio Reference 13m:52s)
The Court then proceeded with a record vote for Agenda Item 5.C.4 proposed 2023 tax rate of .1139. (Audio Reference 13m:34s)
Pct. No. 1 Commissioner David Fuentes voted aye
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted aye
Pct. No. 3 Commissioner Everardo "Ever" Villarreal voted aye
Judge Richard Cortez voted aye
Valde Guerra confirmed that the public hearings for the Drainage District will be held September 19th, 2023 being a morning session, and September 26th , 2023 an afternoon session.
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.C.4. for public hearings as discussed.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -92159
1. Requesting approval of closing documents for Parcel 3 as it relates to the TXDot Ware road expansion project and authority for the Chairman of the Board to execute documents, subject to final legal review.
2. Requesting approval of Possession and use agreement for Parcel 3 as it relates to the TXDot Ware road expansion project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 15m:03s)
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 items 5.D.1 and 5.D.2., subject to final review.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Possession and use agreement for Parcel 3 as it relates to the TXDot Ware road expansion project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 15m:03s)
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 items 5.D.1 and 5.D.2., subject to final review.
Vote: 4 - 0 – Unanimously
E.
AI -92181
Discussion and possible action to approve Novation Agreement between S&B Infrastructure, Ltd., R.R.P. Consulting Engineers, LLC and the Hidalgo County Drainage District No. 1, in connection with S&B Project# U3064 and S&B Project# U3308, subject to final negotiated language and legal approval. (Audio Reference 15m:23s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.E.,subject to final negotiated language and legal approval.
Vote: 4 - 0 -Unanimously
Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda Item 5.E.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.E.,subject to final negotiated language and legal approval.
Vote: 4 - 0 -Unanimously
Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda Item 5.E.
Attachments:
F.
AI -92133
1. Presentation of the sole firm (Amigo Title) responding to the ''Expansion of Title Services Companies 2023 Pool'', RFP No. HCDD1-23-035-07-26-KMG -for the purpose of acceptance as "Qualified" by the HCDD1 Board of Directors: (Audio Reference 16m:06s)
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.F.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Contract with (Amigo Title) for the provision of "Title Company Services On-Call (on as needed basis)" for Hidalgo County Drainage District No. 1 Projects. (Audio Reference 16m:58s)
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.F.2.
Vote: 4 - 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 5.F.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Contract with (Amigo Title) for the provision of "Title Company Services On-Call (on as needed basis)" for Hidalgo County Drainage District No. 1 Projects. (Audio Reference 16m:58s)
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.F.2.
Vote: 4 - 0 – Unanimously
G.
AI -92136
Acceptance and approval of Work Authorization No. 2 to provide Construction Management and Inspection Services in the total amount of $153,528.47 as submitted by B2Z Engineering, LLC, for "North Main Drain III Storm Water Project Ph I & Ph II'', through Contract No. C-HCDD1-23-036-07-25. (Audio Reference 17m:11s)
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.G.
Vote: 4 - 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 5.G.
Vote: 4 - 0 - Unanimously
H.
AI -92134
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (including qualifications, requirements, and scope of services) for, "Expansion of Professional Real Estate Appraisal Services -2023 POOL", RFQ No. HCDD1-23-047-09-13-ESZ for selection of firms per project on an "as needed basis. (Audio Reference 17m:32s)
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.
Vote: 4 - 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 5.H.
Vote: 4 - 0 - Unanimously
I.
AI -92041
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for the project "Phase I Flood Control Project Segment 21 - Phase No. 1" -RFB No. HCDD1-23-044-08-22-ESZ, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 17m:54s)
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.
Vote: 4 - 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 5.I.
Vote: 4 - 0 – Unanimously
J.
AI -92081
1. Requesting approval to reject bids for the project "365 Toll Off-Site Drainage Improvements Project Outfall #1" RFB No. HCDD1-23-034-07-26-KMG, as to change requirements and scope of work. (Audio Reference 18m: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.1.
Vote: 4 - 0 – Unanimously
2. 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 # 1'', RFB No. HCDD1-23-046-09-13-ESZ, including the re-advertising of the project in the event no responses are received. (Audio Reference 19m:00s)
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.2.
Vote: 4 - 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 5.J.1.
Vote: 4 - 0 – Unanimously
2. 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 # 1'', RFB No. HCDD1-23-046-09-13-ESZ, including the re-advertising of the project in the event no responses are received. (Audio Reference 19m:00s)
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.2.
Vote: 4 - 0 – Unanimously
K.
AI -92169
Request approval of a budget amendment in the amount 1,500,000 to the District's Capital Projects Fund 130 in order to fund Engineering and Construction of the new building facility. (Audio Reference 19m:21s)
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.K.
Vote: 4 - 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.K.
Vote: 4 - 0 -Unanimously
Attachments:
L.
AI -92170
Approval of a budget amendment in the amount of $2,059,771.21 from the Districts Unreserved Fund Balance to pay for the open purchase orders commitments at December 31, 2022. (Audio Reference 19m:35s)
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.L.
Vote: 4 - 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 5.L.
Vote: 4 - 0 – Unanimously
Attachments:
M.
AI -92178
Requesting approval to complete and submit credit applications, to establish a District account with the following company, for the acquisition of rental, and purchase of heavy construction equipment and specialty attachments, and repair parts and supplies and the authority for General Manager to sign credit application. (Audio Reference 19m:50s)
Vote: 4 - 0 - Unanimously
- Texas First Rental, LLC.
Vote: 4 - 0 - Unanimously
N.
AI -92155
Requesting approval to purchase the following fleet vehicles through the Hidalgo County Drainage District No. 1 membership/participation with TIPS Cooperative awarded vendor Silsbee Ford Contract No. 210907 in the total amount of $555,643.90.
(Audio Reference 20m:12s)
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.N.
Vote: 4 - 0 - Unanimously
| Qty | Model | Unit Price | Amount |
| 6 | Ford F-250 Ext. Cab 4x4 w/6.5ft Bed | $49,536.35 | $297.218.10 |
| 2 | Ford F-250 Crew Cab. 4x4 w8ft Bed | $51,033.65 | $102,067.30 |
| 1 | Ford F-350 Reg. Cab 4x4 Chassis 60'' CA, Liftgate Flatbed | $70,592.75 | $70,592.75 |
| 1 | Ford F-350 Reg. Cab 4x4 Chassis 60'' CA, Crane Body | $85,765.75 | $85,765.75 |
| Total: | $555,643.90 |
(Audio Reference 20m:12s)
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.N.
Vote: 4 - 0 - Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -92043
Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Agreement and to the Work Authorization No. 1, for the project "Highway 281 & FM 88 -2018 Bond Referendum Project #14", (C-HCDD1-19-020-04-23) with Cruz-Hogan Consultants, Inc., to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of March 31, 2024 (subject to legal review and compliance with HB1295). (Audio Reference 20m:30s)
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 with HB1295.
Vote: 4 - 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 with HB1295.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -92151
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for "4 1/2 Mile Rd & Doffing Rd Drainage Improvements -2018 Bond Referendum Project No. 3" -RFB-HCDD1-23-048-08-22-ESZ, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 20m:57s)
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
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
C.
AI -92152
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for "4 Mile Rd & Minnesota Rd Drainage Improvements -2018 Bond Referendum Project No. 4" -RFB-HCDD1-23-049-08-22-ESZ, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 20m:57s)
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
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
D.
AI -92148
East Mercedes - Budget 510
1. Approval of Application for Payment No. 5 in the amount of $60,628.62 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-051-01-17 East Mercedes. Project Engineer: HCDD1 Yvette Barrera, PE, CFM PO#647299 (Audio Reference 20m:57s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1.
Vote: 4 - 0 -Unanimously
Faysville Drain - Budget 511
2. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from RDH Site and Concrete LLC pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain Improvements. Project Engineer: Tedsi Infrastructure PO#645348
3. Approval of Application for Payment No. 7 Retainage in the amount of $79,915.97 and interest in the amount of $603.32 from RDH Site and Concrete LLC pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain Improvements. Project Engineer Tedsi Infrastructure
Mile 9N & FM 1015 Package 1A - Budget 524
4. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9N & FM 1015 Package 1A. Project Engineer: Halff & Associates PO#640715
5. Approval of Application for Payment No. 15 Retainage in the amount of $359,630.43 and interest in the amount of $5,319.18 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9N & FM 1015 Package 1A. Project Engineer: Halff & Associates PO#640715
Mile 9N & FM 1015 Package 2 - Budget 524
6. Approval of Application for Payment No. 11 in the amount of $85,000.91 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9N & FM 1015 Package 2. Project Engineer: Halff & Associates PO#641649. (Audio Reference 22m:09s)
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 items 6.D.2 through 6.D.6.
Vote: 4 - 0 – Unanimously
1. Approval of Application for Payment No. 5 in the amount of $60,628.62 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-051-01-17 East Mercedes. Project Engineer: HCDD1 Yvette Barrera, PE, CFM PO#647299 (Audio Reference 20m:57s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1.
Vote: 4 - 0 -Unanimously
Faysville Drain - Budget 511
2. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from RDH Site and Concrete LLC pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain Improvements. Project Engineer: Tedsi Infrastructure PO#645348
3. Approval of Application for Payment No. 7 Retainage in the amount of $79,915.97 and interest in the amount of $603.32 from RDH Site and Concrete LLC pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain Improvements. Project Engineer Tedsi Infrastructure
Mile 9N & FM 1015 Package 1A - Budget 524
4. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9N & FM 1015 Package 1A. Project Engineer: Halff & Associates PO#640715
5. Approval of Application for Payment No. 15 Retainage in the amount of $359,630.43 and interest in the amount of $5,319.18 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9N & FM 1015 Package 1A. Project Engineer: Halff & Associates PO#640715
Mile 9N & FM 1015 Package 2 - Budget 524
6. Approval of Application for Payment No. 11 in the amount of $85,000.91 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9N & FM 1015 Package 2. Project Engineer: Halff & Associates PO#641649. (Audio Reference 22m:09s)
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 items 6.D.2 through 6.D.6.
Vote: 4 - 0 – Unanimously
Attachments:
7.
Closed Session: (Audio Reference 23m:38s)
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 proceeded into closed session with a vote of approval at 1:58 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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:
The Board proceeded into closed session with a vote of approval at 1:58 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 to Agenda Item 8.A.
Reference to Agenda Item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference to Agenda Item 8.B.
Reference to Agenda Item 8.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 Items 7.C.a), 7.C.b), nor 7.C.c) as they were closed session items.
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 Items 7.C.a), 7.C.b), nor 7.C.c) as they were closed session items.
1.
Discussion regarding legal issues pertaining to reclaimed water/projects within the HCDD1. Tex. Gov't Code 551.071
No action was taken on Agenda Item 7.C.1., as it was a closed session item.
No action was taken on Agenda Item 7.C.1., as it was a closed session item.
2.
AI -92102
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 275th District Court of Hidalgo County, Texas.
No action was taken on Agenda Item 7.C.2., as it was a closed session item.
No action was taken on Agenda Item 7.C.2., as it was a closed session item.
8.
Open Session: (Audio Reference 24m:26s)
The Board returned from closed session at approximately 2:23 P.M., and proceeded to agenda item 8.A.
Commissioner Cantu did not returned from closed session.
The Board returned from closed session at approximately 2:23 P.M., and proceeded to agenda item 8.A.
Commissioner Cantu did not returned from closed session.
A.
Possible Action of Real Estate Acquisition (Audio Reference 24m:32s)
Legal Counsel, Ivan Perez, recommended a motion to authorize Mr. Sesin to proceed as directed in closed session.
The Board proceeded with a vote of approval as recommended.
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 8.A.
Vote: 3 - 0 - Unanimously
Legal Counsel, Ivan Perez, recommended a motion to authorize Mr. Sesin to proceed as directed in closed session.
The Board proceeded with a vote of approval as recommended.
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 8.A.
Vote: 3 - 0 - Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 24m:52s)
No action was taken on Agenda Item 8.B.
The Board proceeded to Agenda item 9 - Adjournment (Audio Reference 24m:56s)
No action was taken on Agenda Item 8.B.
The Board proceeded to Agenda item 9 - Adjournment (Audio Reference 24m:56s)
9.
Adjourn (Audio Reference 24m:56s)
Judge Cortez adjourned the meeting with a vote of approval at 2:23 P.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
Judge Cortez adjourned the meeting with a vote of approval at 2:23 P.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 22nd day of August 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 August 22, 2023.
Signed this 24th day of August 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 22nd day of August 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 August 22, 2023.
Signed this 24th day of August 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy