SPECIAL MEETING - APRIL 2, 2024
BE IT REMEMBERED, that on this 2nd day of April 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 APRIL 2, 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:
1.
Roll Call (Audio Reference 00m:39s)
Judge Richard F. Cortez called the meeting to order at 9:30 A.M.
All members of the Board were present during the roll call, except Commissioner Everardo "Ever" Villarreal.
Commissioner Everardo "Ever" Villarreal joined the meeting at a later time.
Judge Richard F. Cortez called the meeting to order at 9:30 A.M.
All members of the Board were present during the roll call, except Commissioner Everardo "Ever" Villarreal.
Commissioner Everardo "Ever" Villarreal joined the meeting at a later time.
2.
Prayer (Audio Reference 00m:53s)
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered the prayer.
Commissioner Everardo "Ever" Villarreal joined the meeting at this time.
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered the prayer.
Commissioner Everardo "Ever" Villarreal joined the meeting at this time.
3.
Open Forum (Audio Reference 03m:11s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 03m:16s)
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 -94787
Approval of Resolution recognizing the Hidalgo County Drainage District No.1 for their outstanding achievement in receiving the County Floodplain Management Excellence Award for 2024. (Audio Reference 03m:37s)
Drainage District No. 1 Chief of Staff, Mr. Jaime Salazar, read the Resolution recognizing the Hidalgo County Drainage District No.1 for their outstanding achievement in receiving the County Floodplain Management Excellence Award for 2024.
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: 5 - 0 – Unanimously
Drainage District No. 1 Chief of Staff, Mr. Jaime Salazar, read the Resolution recognizing the Hidalgo County Drainage District No.1 for their outstanding achievement in receiving the County Floodplain Management Excellence Award for 2024.
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: 5 - 0 – Unanimously
Attachments:
B.
AI -94772
Requesting approval to complete and submit a credit application/agreement, to establish a District account with Sage Fixed Assets, for the acquisition of fixed asset software, products and services/support with the authority of the District General Manager or his designee to sign the credit application. (Subject to final legal review). (Audio Reference 09m:26s)
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., subject to final legal review.
Vote: 5 - 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.B., subject to final legal review.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -94771
Raymondville Drain - Budget 010
Payment approval of Invoice No. 24-RD in the amount of $11,360.17 from Hidalgo County Precinct 4 pertaining to Raymondville Drain Pay Period 24, 2023 reimbursement. (Audio Reference 09m:46s)
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.
Vote: 5 - 0 – Unanimously
Payment approval of Invoice No. 24-RD in the amount of $11,360.17 from Hidalgo County Precinct 4 pertaining to Raymondville Drain Pay Period 24, 2023 reimbursement. (Audio Reference 09m:46s)
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.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -94713
Requesting approval of closing documents for Parcel 30-7 as it relates to Project 30 of the 2018 Drainage Bond Program - Penitas Drain Project and authority for the Chairman of the Board to execute documents. (Audio Reference 10m: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 6.A.
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 6.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -94781
Mile 9 N & FM 1015 Package 1B - Budget 524
Approval of Application for Payment No. 8 in the amount of $570,744.97 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N& FM 1015. Project Engineer: Halff Associates PO#645350 (Audio Reference 10m:13s)
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 6.B.
Vote: 5 - 0 – Unanimously
Approval of Application for Payment No. 8 in the amount of $570,744.97 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N& FM 1015. Project Engineer: Halff Associates PO#645350 (Audio Reference 10m:13s)
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 6.B.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2023 Bond Referendum Projects:
A.
AI -94703
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with S2 Engineering, PLLC in connection with the “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A”, Contract No. C-HCDD1-24-016-04-02 as approved for negotiations on 03/05/2024, AI 94426 (subject to final legal review).
2. Acceptance and approval of Work Authorization No. 1 for Project 2 in the amount of $121,332.59, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
3. Acceptance and approval of Work Authorization No. 2 for Project 3 in the amount of $126,277.73, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
4. Acceptance and approval of Work Authorization No. 3 for Project 4 in the amount of $145,876.22, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
5. Acceptance and approval of Work Authorization No. 4 for Project 5 in the amount of $121,332.59, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
(Audio Reference 10m:53s)
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 7.A.1., through 7.A.5., subject to final legal review.
Vote: 5 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 for Project 2 in the amount of $121,332.59, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
3. Acceptance and approval of Work Authorization No. 2 for Project 3 in the amount of $126,277.73, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
4. Acceptance and approval of Work Authorization No. 3 for Project 4 in the amount of $145,876.22, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
5. Acceptance and approval of Work Authorization No. 4 for Project 5 in the amount of $121,332.59, as submitted by S2 Engineering, PLLC through Contract No. C-HCDD1-24-016-04-02 to provide Professional Engineering Services for “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8A” (subject to final legal review).
(Audio Reference 10m:53s)
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 7.A.1., through 7.A.5., subject to final legal review.
Vote: 5 - 0 – Unanimously
B.
AI -94786
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with Javier Hinojosa Engineering in connection with the “Weslaco North Lateral – 2023 Bond Referendum Project No. 10”, Contract No. C-HCDD1-24-018-04-02 as approved for negotiations on 03/05/2024, AI 94429 (subject to final legal review).
2. Acceptance and approval of Work Authorization No. 1 for Project 1 in the amount of $255,620.00, as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-24-018-04-02 to provide Professional Engineering Services for the “Weslaco North Lateral – 2023 Bond Referendum Project No. 10” (subject to final legal review). (Audio Reference 12m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda items 7.B.1., and 7.B.2., subject to final legal review.
Vote: 5 - 0 - Unanimously
2. Acceptance and approval of Work Authorization No. 1 for Project 1 in the amount of $255,620.00, as submitted by Javier Hinojosa Engineering through Contract No. C-HCDD1-24-018-04-02 to provide Professional Engineering Services for the “Weslaco North Lateral – 2023 Bond Referendum Project No. 10” (subject to final legal review). (Audio Reference 12m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda items 7.B.1., and 7.B.2., subject to final legal review.
Vote: 5 - 0 - Unanimously
C.
AI -94704
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with Izaguirre Engineering Group, LLC in connection with the “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8B”, Contract No. C-HCDD1-24-017-04-02 as approved for negotiations on 03/05/2024, AI 94428 (subject to final legal review).
2. Acceptance and approval of Work Authorization No. 1 for Project 1 in the amount of $145,072.90, as submitted by Izaguirre Engineering Group, LLC through Contract No. C-HCDD1-24-017-04-02 to provide Professional Engineering Services for the “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8B” (subject to final legal review). (Audio Reference 13m:26s)
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.C.1., and 7.C.2., subject to final legal review.
Vote: 5 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 for Project 1 in the amount of $145,072.90, as submitted by Izaguirre Engineering Group, LLC through Contract No. C-HCDD1-24-017-04-02 to provide Professional Engineering Services for the “Ditch 1.9, 2, and 4a – La Villa / Edcouch / Elsa – 2023 Bond Referendum Project No. 8B” (subject to final legal review). (Audio Reference 13m:26s)
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.C.1., and 7.C.2., subject to final legal review.
Vote: 5 - 0 – Unanimously
8.
Closed Session: (Audio Reference 14m:16s)
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 9:44 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 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 9:44 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 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. 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. as it was a Closed Session item.
1.
AI -94775
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 15m:24s)
Legal Counsel, Ivan Perez, recommended a motion to settle with the remaining defendants pursuant to the terms discussed in the closed meeting and to authorize Mr. Raul Sesin to execute all documents necessary.
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.C.1.
Vote: 5 - 0 - Unanimously
The Board proceeded to Agenda Item 10. (Audio Reference 15m:44s)
Legal Counsel, Ivan Perez, recommended a motion to settle with the remaining defendants pursuant to the terms discussed in the closed meeting and to authorize Mr. Raul Sesin to execute all documents necessary.
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.C.1.
Vote: 5 - 0 - Unanimously
The Board proceeded to Agenda Item 10. (Audio Reference 15m:44s)
9.
Open Session: (Audio Reference 15m:15s)
The Board returned from closed session at approximately 10:01 A.M.
The Board proceeded to Agenda Item 8.C.1. (Audio Reference 15m:20s)
The Board returned from closed session at approximately 10:01 A.M.
The Board proceeded to Agenda Item 8.C.1. (Audio Reference 15m:20s)
A.
Possible Action of Real Estate Acquisition
No action was taken on Agenda Item 9.A.
No action was taken on Agenda Item 9.A.
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 15m:45s)
Judge Cortez adjourned the meeting with a vote of approval at 10:01 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
Judge Cortez adjourned the meeting with a vote of approval at 10:01 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 2nd day of April, 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 April 2, 2024.
Signed this 2nd day of April 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 2nd day of April, 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 April 2, 2024.
Signed this 2nd day of April 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy