Skip to main content

AgendaQuick™

Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - DECEMBER 12, 2023

BE IT REMEMBERED, that on this 12th day of December 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 EDUARDO "EDDIE" CANTU

HONORABLE EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

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
DECEMBER 12, 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:28s)

Judge Richard F. Cortez called meeting to order at 9:30 A.M.

All members of the Board were present during the roll call, except Commissioner David Fuentes.

Commissioner David Fuentes was absent from this meeting.
 
2.
 
Prayer (Audio Reference 00m:45s)

General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:41s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:45s)

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

See Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:

 
A.
AI -93567
Requesting approval of 2024 Holiday Schedule. (Audio Reference 03m:02s)

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 5.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -93574
Discussion and update as it relates to the 2023 Hurricane Season. (Audio Reference 03m:55s) 

General Manager of Hidalgo County Drainage District No.1., Raul Sesin, provided an update relating to the 2023 Hurricane Season.

No action was taken for Agenda Item 5.B.
 
C.
AI -93581
1.) Requesting approval to submit an application to FEMA for the Building Resilient Infrastructure and Communities Grant 2023 (BRIC) for the Southwest Weslaco RDF Project and Seminary RDF Project and approval for the District General Manager to execute the application and all subsequent forms. (Pending final legal review) (Audio Reference 05m:22s) 

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 5.C.1., pending final legal review.

Vote: 4 - 0 – Unanimously

2.) Requesting approval to submit an application to FEMA for the Hazard Mitigation Grant Program (HMGP DR 4705) for Bentsen Palm Drive Drainage Improvements Project and approval for the District General Manager to execute the application and all subsequent forms. (Pending final legal review) (Audio Reference 06m:35s) 

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 5.C.2., pending final legal review.

Vote: 4 - 0 – Unanimously

3.) Requesting approval to submit an application to TWDB for the Flood Infrastructure Fund for the North Main Drain Project and approval from the District General Manager to execute the application and all subsequent forms. (Pending final legal review) (Audio Reference 07m:05s) 

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 5.C.3., pending final legal review.

Vote: 4 - 0 – Unanimously

4.) Requesting approval to submit an application to TWDB for the State Water Implementation Fund for Texas (SWIFT), Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) for the Delta Region Water Management Project and approval for the District General Manager to execute application and all subsequent forms. (Pending final legal review) (Audio Reference 08m:18s) 

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 5.C.4., pending final legal review.

Vote: 4 - 0 – Unanimously
 
D.
AI -93580
1.) Requesting approval of Memorandum of Understanding by and between Hidalgo County Drainage District No.1, Hidalgo County Urban County and the City of Mercedes as it relates to the South Mercedes Lateral Improvements Project - Phase 3 - 2018 CDBG -DR Infrastructure Competition. (Pending final legal review)
2.) Requesting approval of Memorandum of Understanding by and between Hidalgo County Drainage District No.1, Hidalgo County Urban County and the City of La Villa as it relates to the East Lateral Northern Weir Project - 2018 - CDBG -DR Infrastructure Competition. (Pending final legal review)
3.) Requesting approval of Memorandum of Understanding by and between Hidalgo County Drainage District No.1, Hidalgo County Urban County and the City of Progreso as it relates to the City of Progreso Drainage Outfall Project - 2018 - CDBG -DR Infrastructure Competition. (Pending final legal review)
4.) Requesting approval of Memorandum of Understanding by and between Hidalgo County Drainage District No.1, Hidalgo County Urban County and Hidalgo County as it relates to the Palmview Lateral Improvement Project - Phase 1 - 2018 HMID Competition. (Pending final legal review)
5.)  Requesting approval of Memorandum of Understanding by and between Hidalgo County Drainage District No.1, Hidalgo County Urban County and Hidalgo County as it relates to the Palmview Lateral Improvement Project - Phase 2 - 2019 HMID Competition. (Pending final legal review) (Audio Reference 09m:21s) 

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 items 5.D.1., through 5.D.5., pending final legal review.

Vote: 4 - 0 - Unanimously
 
E.
AI -93509
Acceptance and approval of Work Authorization No. 8 to provide Construction Materials Testing Services (CMT) in the total amount of $12,697.95 as submitted by B2Z Engineering, LLC, for "Rincon de Encinos Phase III Stormwater Improvements'', Contract No. C-HCDD1-23-036-07-25. (Audio Reference 10m:36s) 

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: 4 - 0 - Unanimously
 
F.
AI -93583
Possible action to grant partial release of easement/right of way pertaining request made by land owner Bada Real Estate, LLC, and authorize execution of the same by the Chairman, subject to final legal review. (Audio Reference 10m:54s) 

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.F., subject to final legal review.

Vote: 4 - 0 -Unanimously 
Attachments:
 
G.
AI -93402
HCRMA - Budget 201
Requesting approval to issue payments on award to Special Commissioners Mario Garcia, Diane Lea Ramirez, and Rossy Rodriguez in the amount of $1,750.00 each pertaining to condemnation proceedings for Cause No. CCD-0718-D Parcel #OD-5A - Federico Vasquez (Audio Reference 12m:10s) 

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 5.G.

Vote: 4 - 0 – Unanimously
Attachments:
 
H.
AI -93556
North Main Drain Edinburg - Budget 204
1. Approval of Application for Payment No. 4 in the amount of $302,895.22 from Welch Excavation pertaining to Construction Contract No. C-HCDD1-22-066-05-02. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#647845 (Audio Reference 13m:48s) 

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.H.

Vote: 4 - 0 - Unanimously
Attachments:
 
6.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -93557
Main Floodwater Channel Weir 4 Reconstruction - Budget 375
Approval of Application for Payment No. 8 in the amount of $120,061.22 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-030-07-12. Project Engineer: International Consulting Engineers PO#646926 (Audio Reference 14m:06s) 

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.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
7.
 
2018 Bond Referendum Projects:
 
A.
AI -93452
Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Service Agreement & to the  Work Authorization No. 1 for ''4 ½ Mile Rd. & N. Doffing Rd., -2018 Bond Referendum Project No. 3  with Contract (C-HCDD1-19-053-11-05), with CSJ Group, to reflect a revised period of service to end on May 31, 2024 (subject to final legal review and compliance with HB1295). (Audio Reference 14m:23s) 

Reference Agenda Item 7.E.3., for action taken. 
 
B.
AI -93521
Requesting approval for a Right of Possession Agreement between Cristina C. Aguilar and Hidalgo County Drainage District No. 1 as it relates to Parcel 23-6 of the 2018 Bond Project 23 Mile 11 N & Texas Blvd Drainage Project and authority for the Drainage District General Manager to execute documents.

Reference Agenda Item 7.E.3., for action taken. 
Attachments:
 
C.
AI -93489
Requesting approval of Change Order No. 1 for an increase in the amount of $64,700.00 and two (2) additional construction calendar days, in connection with the project "Jackson Rd Drain Ph II -2018 Bond Referendum Project No. 16'', Contract No. C-HCDD1-23-026-06-30, with RDH Site & Concrete, LLC, as recommended by Project Engineer, Quintanilla Headley and Associates (Subject to compliance with HB-1295).

Reference Agenda Item 7.E.3., for action taken. 
 
D.
AI -93559
Requesting approval of Change Order No. 3, reflecting a increase in the amount of $157,035.90 and thirty (30) additional construction calendar days, for "Mid-Valley Airport Ditch 18B Drainage Improvements - 2018 Bond Referendum Project No. 19’', Contract No. C-HCDD1-22-020-05-31, with Mor-Wil, LLC, as recommended by Project Manager, B2Z Engineering, LLC.

Reference Agenda Item 7.E.3., for action taken. 
 
E.
AI -93558
Y Drain Phase I - Budget 010
1. Approval of Application for Payment No. 3 in the amount of $143,286.30 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-050-R-05-30. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#647998
Mid-Valley Airport - Budget 519
2. Approval of Application for Payment No. 5 in the amount of $69,994.80 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-020-05-31. Project Engineer HCDD1 Yvette Barrera PE, CFM PO#646596
Mission-McAllen Rado Alt Phase I - Budget 525
3. Approval of Application for Payment no. 14 in the amount of $128,008.80 from Gonzalez Engineering pertaining to Construction Contract No. C-HCDD1-21-023-07-27. Project Engineer: B2Z Engineering PO#642887 (Audio Reference 16m:12s) 

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.A., through 7.E.3., subject to final legal review and compliance with HB1295.

Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -93579
Discussion and update as it relates to the Raymondville Drain Phase 2 (Restore Act Project). (Audio Reference 16m:32s) 

General Manager of Hidalgo County Drainage District No.1., Raul Sesin, discussed the updates in relation to the Raymondville Drain Phase 2.

No action was taken for Agenda Item 8.A.
 
9.
 
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 19m:05s)

The Board proceeded into closed session with a vote of approval at 9:50 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: 4 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference Agenda Item 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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 for Agenda Item 9.C., as it was a closed session item.
 
1.
AI -93571
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 275 District Court of Hidalgo County, Texas (Audio Reference 20m:09s) 

Commissioner Eduardo "Eddie" Cantu joined the meeting at this time.

Legal Counsel, Ivan Perez, recommended a motion to authorize County Judge, Mr. Raul Sesin and the Legal Council to proceed as discussed in closed session.

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 9.C.1.

Vote: 4 - 0 - Unanimously

The Board proceeded to Agenda Item 11. (Audio Reference 20m:28s) 
 
10.
 
Open Session: (Audio Reference 19m:43s)

The Board returned from closed session at approximately 10:24 A.M., and proceeded to agenda item 10.A.

Commissioner Eduardo "Eddie" Cantu, did not return from closed session, however he joined the meeting at a later time.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 19m:50s)

Legal Counsel, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session.

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 10.A.

Vote: 3 - 0 - Unanimously

The Board proceeded to Agenda Item 9.C.1. (Audio Reference 20m:09s)
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken for Agenda Item 10.B.
 
11.
 
Adjourn (Audio Reference 20m:28s)

Judge Cortez adjourned the meeting with a vote of approval at 10:24 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: 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 the 12th day of December, 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 December 12, 2023.

Signed this 12th day of December 2023




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


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