SPECIAL MEETING - OCTOBER 3, 2023
BE IT REMEMBERED, that on this 3rd day of October 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 OCTOBER 3, 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 :35s)
Judge Cortez called the meeting to order at 9:30 A.M.
All members of the Board were present during the roll call, except Commissioner Torres.
Judge Cortez called the meeting to order at 9:30 A.M.
All members of the Board were present during the roll call, except Commissioner Torres.
2.
Prayer (Audio Reference :48s)
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:32s)
There were no participants for Open Forum.
There were no participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:40s)
The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -92678
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, Go Underground, LLC, in the amount of $1,702,009.69 for the project ''Glasscock Rd From Mile 4 Rd to Mile 5 Rd Storm Water Management'', RFB No. HCDD1-23-051-09-27-ESZ as recommended by Project Engineer, J&R Engineering, LLC (subject to Legal Review and Compliance with HB1295). (Audio Reference 02m:56s)
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.1, subject to Legal Review and Compliance with HB1295
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 (b), requesting authority/approval 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 03m:58s)
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.A.2, 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 5.A.1, subject to Legal Review and Compliance with HB1295
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 (b), requesting authority/approval 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 03m:58s)
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.A.2, subject to Legal Review and Compliance with HB1295
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -92712
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for the project "Southwest Weslaco -USIBWC Structure 97L (Tierra Santa Golf course) -2018 Bond Project No. 35', RFB-HCDD1-23-056-11-01-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 04m:19s)
Commissioner Fuentes abstained from any discussion and/or action on agenda item 6.A.
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.
Vote: 3 - 0 -Unanimously
Commissioner Fuentes abstained from any discussion and/or action on agenda item 6.A.
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.
Vote: 3 - 0 -Unanimously
B.
AI -92704
Requesting approval of Change Order No. 1 for an increase in the amount of $98,914.71, and Ninety (90) additional construction calendar days, in connection with the project "Construction of Cast-in-Place Reinforced Concrete Boxes 7' x 7' for Southwest Weslaco - 2018 Bond Referendum Project No. 35'', Contract No. C-HCDD1-23-032-08-08, with Mor-Wil, LLC, as recommended by Project Engineer, Asst. District General Manager, Omar Anzaldua Jr., PE, CFM, PMP, CCM. (Audio Reference 05m:32s)
Commissioner Fuentes abstained from any discussion and/or action on agenda item 6.B.
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.B.
Vote: 3 - 0 -Unanimously
Commissioner Fuentes abstained from any discussion and/or action on agenda item 6.B.
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.B.
Vote: 3 - 0 -Unanimously
Attachments:
C.
AI -92705
1. Requesting approval of closing documents for Parcel 23-7 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review.
2. Requesting approval of closing documents for Parcel 23-15 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review.
3. Requesting approval of closing documents for Parcel 23-33 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 06m: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 items 6.C.1, 6.C.2, and 6.C.3.
Vote: 4 - 0 - Unanimously
2. Requesting approval of closing documents for Parcel 23-15 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review.
3. Requesting approval of closing documents for Parcel 23-33 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 06m: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 items 6.C.1, 6.C.2, and 6.C.3.
Vote: 4 - 0 - Unanimously
D.
AI -92727
Rincon de Encinos Phase 3 - Budget 010
1. Approval of Application for Payment No. 1 in the amount of $124,801.76 from McAllen Multi Service pertaining to Construction Contract C-HCDD1-23-033-08-08 Rincon de Encinos Phase III. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, PO#648190
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 8 in the amount of $66,960.00 from Go Underground pertaining to Construction Contract C-HCDD1-22-019-004-20 Highway 281 & FM 88. Project Engineer: Cruz Hogan, PO#646340
South Lateral Drain Structure - Budget 534
3. Approval of Application for Payment No. 2 in the amount of $201,249.23 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-20-009-R-04-04 South Lateral Drain Structure. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, PO#647846 (Audio Reference 06m:57s)
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 items 6.D.1, 6.D.2, and 6.D.3.
Vote: 4 - 0 – Unanimously
1. Approval of Application for Payment No. 1 in the amount of $124,801.76 from McAllen Multi Service pertaining to Construction Contract C-HCDD1-23-033-08-08 Rincon de Encinos Phase III. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, PO#648190
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 8 in the amount of $66,960.00 from Go Underground pertaining to Construction Contract C-HCDD1-22-019-004-20 Highway 281 & FM 88. Project Engineer: Cruz Hogan, PO#646340
South Lateral Drain Structure - Budget 534
3. Approval of Application for Payment No. 2 in the amount of $201,249.23 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-20-009-R-04-04 South Lateral Drain Structure. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, PO#647846 (Audio Reference 06m:57s)
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 items 6.D.1, 6.D.2, and 6.D.3.
Vote: 4 - 0 – Unanimously
Attachments:
7.
2023 Bond Referendum Projects:
A.
AI -92715
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Javier Hinojosa Engineering for the project, "West Main Drain III Extension Phase 3 - 2023 Bond Referendum Project No. 14", Contract No. C-HCDD1-23-057-10-03 and as approved for negotiations on 09/05/23, AI 92350 (subject to final legal review).
2. Acceptance and approval of Work Authorization No. 1 in the amount of $123,171.22 as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-23-057-10-03, to provide Professional Engineering Services for "West Main Drain III Extension Phase 3 - 2023 Bond Referendum Project No. 14 (subject to final legal review). (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 items 7.A.1 and 7.A.2, subject to final legal review.
Vote: 4 - 0 - Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $123,171.22 as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-23-057-10-03, to provide Professional Engineering Services for "West Main Drain III Extension Phase 3 - 2023 Bond Referendum Project No. 14 (subject to final legal review). (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 items 7.A.1 and 7.A.2, subject to final legal review.
Vote: 4 - 0 - Unanimously
8.
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 09m:07s)
The Board proceeded into closed session with a vote of approval at 9:38 A.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 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: (Audio Reference 09m:07s)
The Board proceeded into closed session with a vote of approval at 9:38 A.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 proceed into closed session.
Vote: 4 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 9.A.
Reference agenda item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 9.B.
Reference 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 item 8.C.a), 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 8.C.a), as it was a closed session item.
9.
Open Session: (Audio Reference 10m:17s)
Commissioner Fuentes did not return from closed session.
The Board returned from closed session at 10:03 A.M., and proceeded to agenda item 9.A.
Commissioner Fuentes did not return from closed session.
The Board returned from closed session at 10:03 A.M., and proceeded to agenda item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 10m:17s)
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 above.
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 9.A, as recommended.
Vote: 3 - 0 – Unanimously
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 above.
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 9.A, as recommended.
Vote: 3 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
10.
Adjourn (Audio Reference 10m:36s)
Judge Cortez adjourned the meeting with a vote of approval at 10:04 A.M.
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 to adjourn the meeting.
Vote: 3 - 0 -Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 10:04 A.M.
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 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 3rd day of October 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 October 3, 2023.
Signed this 4th day of October 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 3rd day of October 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 October 3, 2023.
Signed this 4th day of October 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy