SPECIAL MEETING - JANUARY 9, 2024
BE IT REMEMBERED, that on this 9th day of January A.D., 2024, 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 JANUARY 9, 2024 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:27s)
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 Eduardo "Eddie" Cantu.
Commissioner Cantu joined the meeting at a later time.
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 Eduardo "Eddie" Cantu.
Commissioner Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference 00m:45s)
General Manager of the Hidalgo County Drainage District No. 1., Raul Sesin, offered the prayer.
General Manager of the Hidalgo County Drainage District No. 1., Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 03m:22s)
There were no public participants for Open Forum.
Commissioner Eduardo "Eddie" Cantu, joined the meeting at this time.
There were no public participants for Open Forum.
Commissioner Eduardo "Eddie" Cantu, joined the meeting at this time.
4.
Approval of Consent Agenda (Audio Reference 03m:25s)
The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.
See Drainage District - Consent Agenda for the action taken.
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 -93757
1. Approval of the Hidalgo County Drainage District No. 1 Investment Policy (Audio Reference 03m:42s)
On motion by JUDGE RICHARD F. CORTEZ, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.1.
Vote: 5 - 0 - Unanimously
2. Approval of the Hidalgo County Drainage District No. 1 Authorized Brokers (Audio Reference 04m:15s)
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.
Vote: 4 - 0 - Unanimously
Judge Cortez stated that Commissioner Eduardo "Eddie" Cantu abstained from any discussion and/or action regarding Agenda Item 5.A.2.
On motion by JUDGE RICHARD F. CORTEZ, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.1.
Vote: 5 - 0 - Unanimously
2. Approval of the Hidalgo County Drainage District No. 1 Authorized Brokers (Audio Reference 04m:15s)
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.
Vote: 4 - 0 - Unanimously
Judge Cortez stated that Commissioner Eduardo "Eddie" Cantu abstained from any discussion and/or action regarding Agenda Item 5.A.2.
B.
AI -93825
Requesting approval for Right of Entry Agreement between Ramon & Adelaida Castillo and Hidalgo County Drainage District No. 1 as it relates to the North Main Drain III Phase II Project and authority for the Drainage District General Manager to execute documents. (Audio Reference 04m: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 5.B.
Vote: 5 - 0 – Unanimously
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.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -93711
Requesting approval of Supplemental Agreement No. 1 to the Work Authorization No. 1, for the project "Mayberry Rd to Glasscock Rd Drainage Improvements ", (C-HCDD1-22-038-08-18), with Javier Hinojosa Engineering, LLC, to reflect a revised ''Exhibit D"-Work Schedule, with an extended termination date of January 31, 2025, (subject to final Legal review and compliance with HB1295). (Audio Reference 05m:04s)
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., subject to final legal review and compliance with HB1295.
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., subject to final legal review and compliance with HB1295.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -93794
Requesting approval of Change Order No.1, reflecting an increase in the amount of $102,090.12 and 40 additional construction calendar days for the project ''Weslaco Drain Improvements (Proposed Additional 10' x 10' Box with Gate Structure)'', Contract No. (C-HCDD1-21-017-R-05-02), with Mor-Wil, LLC, as recommended by Project Engineer, B2Z Engineering. (Audio Reference 05m:27s)
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:
6.
2018 Bond Referendum Projects:
A.
AI -93729
Requesting approval for a Right of Possession Agreement between Series 5 - USDA Plant and Hidalgo County Drainage District No. 1 as it relates to Parcel 26-10 of the 2018 Bond Project 26 Mission Lateral Drainage Project and authority for the Drainage District General Manager to execute documents, pending final legal review. (Audio Reference 05m:52s)
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., pending final legal review.
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 6.A., pending final legal review.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -93712
Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Service Contract and to Work Authorization 1, with Izaguirre Engineering Group, LLC., for the project of ''4 Mile Rd & Minnesota Rd. -2018 Bond Referendum Project No. 4; (C-HCDD1-19-052-11-26) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 30, 2024, (subject to final legal review and compliance with HB1295). (Audio Reference 06m:11s)
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.B., subject to final legal review and compliance with HB1295.
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 6.B., subject to final legal review and compliance with HB1295.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -93787
Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Services Contract and to the Work Authorization 1, with Quintanilla Headley & Associates, Inc. for the project of ''Jackson Rd. Drain -2018 Bond Referendum Project No. 16'', (C-HCDD1-19-009-03-26) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of June 30, 2024, (subject to Legal review and compliance with HB1295). (Audio Reference 06m:38s)
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.C., subject to final legal review and compliance with HB1295.
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 6.C., subject to final legal review and compliance with HB1295.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -93829
Y Drain - Budget 010
1. Approval of Application for Payment No. 4 in the amount of $161,134.29 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-21-050-R-05-30 Y Drain Phase I. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM, PO#647998
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 11 in the amount of $86,436.00 from GO Underground, LLC pertaining to construction contract No. C-HCDD1-22-019-07-12 Highway 281 & FM 88. Project Engineer Cruz-Hogan Consultants, Inc. PO#646340
M 10 N & Baseline - Budget 520
3. Approval of Application for Payment No. 4 in the amount of $119,678.71 from RBM Contractors pertaining to construction contract No. C-HCDD1-23-014-04-26-KMG M 10 N & Baseline. Project Engineer Quintanilla Headley & Associates, Inc. PO#648064
South I Rd - Budget 533
4. Approval of Application for Payment No. 1 in the amount of $51,487.20 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-22-060-11-29. South I Rd. Project Engineer B2Z Engineering PO#647343
Southwest Weslaco - Budget 535
5. Approval of Application for Payment No. 1 in the amount of $134,175.96 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-23-032-08-08 Southwest Weslaco. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648189 (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 items 6.D.1., through 6.D.5.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 4 in the amount of $161,134.29 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-21-050-R-05-30 Y Drain Phase I. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM, PO#647998
Highway 281 & FM 88 - Budget 514
2. Approval of Application for Payment No. 11 in the amount of $86,436.00 from GO Underground, LLC pertaining to construction contract No. C-HCDD1-22-019-07-12 Highway 281 & FM 88. Project Engineer Cruz-Hogan Consultants, Inc. PO#646340
M 10 N & Baseline - Budget 520
3. Approval of Application for Payment No. 4 in the amount of $119,678.71 from RBM Contractors pertaining to construction contract No. C-HCDD1-23-014-04-26-KMG M 10 N & Baseline. Project Engineer Quintanilla Headley & Associates, Inc. PO#648064
South I Rd - Budget 533
4. Approval of Application for Payment No. 1 in the amount of $51,487.20 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-22-060-11-29. South I Rd. Project Engineer B2Z Engineering PO#647343
Southwest Weslaco - Budget 535
5. Approval of Application for Payment No. 1 in the amount of $134,175.96 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-23-032-08-08 Southwest Weslaco. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648189 (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 items 6.D.1., through 6.D.5.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2023 Bond Referendum Projects:
A.
AI -93808
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with Javier Hinojosa Engineering in connection with "West Main Drain III Extension Phase 5 - 2023 Bond Referendum Project No. 14," Contract No. C-HCDD1-23-075-11-28 as approved for negotiations on 11/28/23, AI 93278 (subject to final and legal review). (Audio Reference 08m:28s)
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.A.1., subject to final and legal review.
Vote: 5 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $186,058.46 as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-23-075-11 to provide Professional Engineering Services for "West Main Drain III Extension Phase 5 - 2023 Bond Referendum Project No. 14" (subject to final and legal review). (Audio Reference 08m:51s)
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.A.2., subject to final and legal review.
Vote: 5 - 0 – Unanimously
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.A.1., subject to final and legal review.
Vote: 5 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $186,058.46 as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-23-075-11 to provide Professional Engineering Services for "West Main Drain III Extension Phase 5 - 2023 Bond Referendum Project No. 14" (subject to final and legal review). (Audio Reference 08m:51s)
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.A.2., subject to final and legal review.
Vote: 5 - 0 – Unanimously
8.
Closed Session: (Audio Reference 09m:20s)
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.
No action was taken for Agenda Item 8.
The Court proceeded to Agenda Item 10. -Adjournment (Audio Reference 09m:18s)
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.
No action was taken for Agenda Item 8.
The Court proceeded to Agenda Item 10. -Adjournment (Audio Reference 09m:18s)
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 for Agenda Item 8.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 for Agenda Item 8.C., as it was a Closed Session item.
9.
Open Session:
No action was taken for Agenda Item 9.
No action was taken for Agenda Item 9.
A.
Possible Action of Real Estate Acquisition
No action was taken for Agenda Item 9.A.
No action was taken for Agenda Item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken for Agenda Item 9.B.
No action was taken for Agenda Item 9.B.
10.
Adjourn (Audio Reference 09m:24s)
Judge Cortez adjourned the meeting with a vote of approval at 9:39 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 9:39 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 9th day of January, 2024
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 January 9, 2024.
Signed this 9th day of January 2024
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 9th day of January, 2024
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 January 9, 2024.
Signed this 9th day of January 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy