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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - SEPTEMBER 19, 2023

BE IT REMEMBERED, that on this 19th day of September 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
SEPTEMBER 19, 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:05s)

Judge Richard F. Cortez called the meeting to order at 9:31 A.M.

All members of the Board were present during the roll call.
 
2.
 
Prayer (Audio Reference 00m:20s)

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

There were no participants for open forum.

No action taken for Agenda Item 3 - Open Forum
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:10s)

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

See Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -92447
1. Presentation by Burton McCumber & Longoria, LLP of the Hidalgo County Drainage District No. 1's 2022 Financial Audit, 2022 Single Audit, and the 2022 Annual Comprehensive Financial Report. (Audio Reference 03m:27s)

Audit Manager, Luis Lopez and Enrique Longoria from Burton McCumber & Longoria, LLP, came before the Board to present the Hidalgo County Drainage District No. 1's 2022 Financial Audit, 2022 Single Audit, and the 2022 Annual Comprehensive Financial Report. 

Commissioner David Fuentes recognized Mr. Raul Sesin and his staff for the great performance and their readiness to handle special circumstances with responsibility and efficiency at all times. 

No action taken for Agenda Item 5.A.1

2. Requesting approval of the Hidalgo County Drainage District No. 1 2022 Financial Audit, 2022 Single Audit, and the 2022 Annual Comprehensive Financial Report. (Audio Reference 20m:55s)

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.A.2.
                                                     
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -92486
Drainage District #1 Annual Tax Collections Report 2022-2023 (Audio Reference 21m:10s)

Hidalgo County Tax Assessor- Collector Pablo "Paul" Villarreal, introduced Julio Espinoza tax manager, who presented the Drainage District #1 Annual Tax Collections Report  July 1st 2022 to June 30th 2023.

No action was taken for Agenda Item 5.B.
 
C.
AI -92516
1.  Public Hearing on Hidalgo County Drainage District No.1  Proposed Tax Rate for 2023 (Audio Reference 25m:37s)

Mr. Sesin informed the Board that the voter approved proposed tax rate for the year 2023 was 11.39 %,  the Debt Service tax rate .0679% and the Maintenance and Operation tax rate .046%. 

Judge Richard Cortez opened a public hearing at 9:56 A.M. for the Hidalgo County Drainage District No.1  Proposed Tax Rate for 2023, however, there were no participants for the public hearing. Judge Cortez closed the public hearing for the Hidalgo County Drainage District No.1  Proposed Tax Rate for 2023 at 9:57 A.M.

No action was taken for Agenda Item 5.C.1

2.  Discussion of the Hidalgo County Drainage District No 1 Proposed Budget for 2024 calendar year. (Audio Reference 26m:26s)

Drainage District No. 1 Chief Financial Officer , Lora Briones, presented the proposed Budget for 2024 calendar year.

No action was taken for Agenda Item 5.C.2.
 
D.
AI -92422
Requesting approval of the following final negotiated Professional Service Contracts for the provision of ''Real Estate Appraisal Services (On call on as needed basis)'' for Hidalgo County Drainage District No. 1 projects, as approved for negotiations by HCDD1 Board of Directors on 09/05/23, AI-92193 (2) (Subject to final legal review and compliance with HB1295): (Audio Reference 32m:30s)

Leonel Garza Jr. & Associates, LLC; (C-HCDD1-23-006A-09-19)
Appraisal Haus, LLC; (C-HCDD1-23-006B-09-19)

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.D., subject to final legal review and compliance with HB1295. 

Vote: 5 - 0 -Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -92493
Y Drain Phase I - Budget 010 
1. Approval of Application for Payment No. 1 in the amount of $56,018.70 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-050R-05-30 Y Drain Phase I. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM. PO#647998 (Audio Reference 32m:57s)

Reference Item 6.A.6 for action taken.

East Mercedes - Budget 510 
2. Approval of Application for Payment No. 6 in the amount of $34,331.71 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 33m:10s)

Reference Item 6.A.6 for action taken.

Highway 281 & FM 88 - Budget 514 
3. Approval of Application for Payment No. 7 in the amount of $92,160.00 from GO Underground pertaining to Construction Contract C-HCDD1-22-019-04-20 Highway 281 & FM 88. Project Engineer: Cruz Hogan, PO#646340 (Audio Reference 33m:20s)

Reference Item 6.A.6 for action taken.

Mile 9 N & FM 1015 Package 1B - Budget 524 
4. Approval of Application for Payment No. 5 in the amount of $1,023,571.52 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 (Audio Reference 33m:32s)

Reference Item 6.A.6 for action taken.

Mile 9 N & FM 1015 Package 2 - Budget 524 
5. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9 N & FM 1015 Package 2. Project Engineer Halff Associates, PO#641649 (Audio Reference 33m:44s)

Reference Item 6.A.6 for action taken.

6. Approval of Application for Payment No. 12 Retainage in the amount of $144,307.14 and interest of $1,519.72 pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9 N & FM 1015 Package 2. Project Engineer Halff Associates, PO#641649 (Audio Reference 33m:57s)

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.A.1., through 6.A.6.

Vote: 5 - 0 – Unanimously
 
7.
 
2023 Bond Referendum Projects:
 
A.
AI -92391
1. Requesting approval to rescind action taken by HCDD1 Board of Directors on September 5, 2023, of Agenda Item 8.F AI 92353. (Audio Reference 34m: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 7.A.1.

Vote: 5 - 0 - Unanimously
 
B.
AI -92428
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 34m:52s)

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 7.B.1.

Vote: 5 - 0 - Unanimously

 
2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Engineering Services Agreement with B2Z Engineering, LLC from the District Pre-approved “Pool” of Pre-qualified Professional Engineers as approved by the Board of Directors on March 07, 2023 (AI 89829) for the "Mission McAllen Drain Ph 2 - 2023 Bond Referendum Project No. 12". (Audio Reference 35m:01s)

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 7.B.2.

Vote: 5 - 0 – Unanimously
 
C.
AI -92501
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 35m:20s)

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 7.C.1.

Vote: 5 - 0 – Unanimously

 
2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Engineering Services Agreement with SAMES, Inc. from the District Pre-approved “Pool” of Pre-qualified Professional Engineers as approved by the Board of Directors on March 07, 2023 (AI 89829) for the "Mission McAllen Drain Ph 3 - 2023 Bond Referendum Project No. 12". (Audio Reference 35m:31s)

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 7.C.2.

Vote: 5 - 0 – Unanimously
 
D.
AI -92416
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for "South Main Drain Channel Improvements Project Ph 1 - 2023 Bond Project No. 3', RFB-HCDD1-23-053-10-25-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 35m:49s)

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 7.D.

Vote: 5 - 0 – Unanimously
 
8.
 
Closed Session: (Audio Reference 36m: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 proceeded into closed session with a vote of approval at 10:07 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: 5 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference to Agenda Item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference to Agenda Item 9.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 8.C.a., 8.C.b., nor 8.C.c., as they were closed session items.
 
9.
 
Open Session: (Audio Reference 37m:10s)

The Board returned from closed session at approximately 10:18 A.M., and proceeded to agenda item 9.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 37m:20s)

Ivan Perez, with the legal council, requested the Board to entertain a motion in order for Mr. Sesin to proceed as discussed in closed session.

The Board proceeded with a vote of approval.

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 9.A.

Vote: 5 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation (Audio Reference 37m:40s)

No action was taken for Agenda Item 9.B.

The Board proceeded to Agenda Item 10 - Adjournment (Audio Reference 37m:41s)
 
10.
 
Adjourn (Audio Reference 37m:41s)

Judge Cortez adjourned the meeting with a vote of approval at 10:19 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 Adjourn the meeting.

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 19th day of September, 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 September 19, 2023.

Signed this 19th day of September 2023




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


By: ____________________________
(Seal) Daniela E. Garza, Deputy