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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - APRIL 16, 2024

BE IT REMEMBERED, that on this 16th 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 EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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 16, 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:14s)

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 Ellie Torres and Commissioner Eduardo "Eddie" Cantu.

Commissioner Ellie Torres joined the meeting at a later time.

Commissioner Eduardo "Eddie" Cantu was absent from this meeting.
 
2.
 
Prayer (Audio Reference 00m:32s)

Drainage District No. 1 Assistant District General Manager, Yvette Barrera, offered the prayer.
 
3.
 
Open Forum (Audio Reference 01m:27s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 01m:33s)

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 -94953
Panchitas Gate Structure
1. Approval to enter into Contribution-In-Aid-of-Construction Agreement For Electric Distribution Service to the Panchitas Gate Structure with AEP Texas and authorize HCDD1 General Manager to execute agreement and any subsequent forms subject to legal review. (Audio Reference 02m:18s)

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.1., subject to legal review.

Vote: 3 - 0 - Unanimously

2. Approval to issue payment upon receipt of invoice from AEP Texas. (Audio Reference 02m:41s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 5.A.2.

Vote: 3 - 0 - Unanimously
 
B.
AI -94954
Sunflower Pump Structure
1. Approval to enter into Contribution-In-Aid-of-Construction Agreement For Electric Distribution Service to the Sunflower Pump Structure with AEP Texas and authorize General Manager to execute agreement and any subsequent forms subject to legal review. (Audio Reference 02m:54s)

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 item 5.B.1., subject to legal review.

Vote: 3 - 0 – Unanimously

2. Approval to issue payment upon receipt of invoice from AEP Texas. (Audio Reference 03m:13s)

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.2.

Vote: 3 - 0 - Unanimously
 
C.
AI -94956
Requesting approval to purchase (1) CAT 352 Excavator through the Hidalgo County Drainage District No. 1 membership/participation with Sourcewell Cooperative awarded vendor Holt CAT, Contract No. 011723-CAT in the total amount of $494,000.00. (Audio Reference 03m:22s)

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 item 5.C.

Vote: 3 - 0 – Unanimously
 
D.
AI -94985
Request approval of a Budget Amendment in the amount $494,000 from the District's General Fund un-reserve fund balance for the purchase of heavy equipment. (Audio Reference 03m:48s)

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.D.

Vote: 3 - 0 - Unanimously
Attachments:
 
E.
AI -94865
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, RBM Contractors, LLC, in the amount of $645,671.99 for the project ''365 Toll Off-Site Drainage Improvements Project Outfall 2,3,4'', RFB No. HCDD1-23-042B-04-03-ESZ as recommended by Project Engineer, Omar Anzaldua, Jr., P.E., CFM, District Asst. General Manager (subject to final legal review and compliance with HB1295).
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 04m:01s)

Commissioner Ellie Torres joined the meeting at this time.

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 5.E.1., subject to final legal review and compliance with HB 1295, and 5.E.2.

Vote: 4 - 0 - Unanimously
 
F.
AI -94987
Possible action to grant partial release of easement/right of way pertaining request made by land owner Alicia Lucia Salinas, and authorize execution of the same by the Chairman, subject to final legal review. (Audio Reference 05m: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 item 5.F., subject to final legal review.

Vote: 4 - 0 - Unanimously
 
G.
AI -94889
Acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 5 to provide additional Construction Materials Testing Services (CMT) in the amount of $13,079.88 as submitted by B2Z Engineering, LLC, for the project "Weslaco Drain Improvements (Proposed Additional 10' x 10' Box with Gate Structure)";  through Contract No. C-HCDD1-20-027-05-19. (Audio Reference 05m:31s)

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.G.

Vote: 4 - 0 - Unanimously
 
H.
AI -94977
Requesting authority to advertise and approval of the procurement packet (i.e., legal notice, specifications, draft contract etc.) for "Custodial /Janitorial Services for Hidalgo County Drainage District No. 1", RFB No. HCDD1-24-023-05-08-ESZ, including the re-advertisement of the project in the event bids are rejected, or no bids are received. (Audio Reference 06m:02s)

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
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -94829
1. Requesting approval of closing documents for Parcel 23-29 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:30s)

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.1., pending final legal review.

Vote: 4 - 0 – Unanimously

2. Requesting approval of closing documents for Parcel 23-32 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:50s)

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.2., pending final legal review.

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -94950
Requesting approval of closing documents for Parcel 12-1 as it relates to Project 12 of the 2018 Drainage Bond Program - FM 493 & Country Rd Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 07m:11s)

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., pending final legal review.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -94951
1. Requesting approval of closing documents for Parcel 30-9A 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 07m:30s)

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.C.1.

Vote: 4 - 0 – Unanimously

2. Requesting approval of closing documents for Parcel 30-9B 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 07m:45s)

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.C.2.

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI -94955
Requesting approval of closing documents for Parcel 26-14 as it relates to Project 26 of the 2018 Drainage Bond Program - Mission Lateral Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 08m:02s)

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.D., pending final legal review.

Vote: 4 - 0 - Unanimously
Attachments:
 
E.
AI -94960
1. Requesting approval of closing documents for Parcel 8-1 as it relates to Project 8 of the 2018 Drainage Bond Program - Anaquitas Drainage Project and authority for the Chairman of the Board to execute documents. (Audio Reference 08m:24s)

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.E.1.

Vote: 4 - 0 - Unanimously

2. Requesting approval of closing documents for Parcel 8-6 as it relates to Project 8 of the 2018 Drainage Bond Program - Anaquitas Drainage Project and authority for the Chairman of the Board to execute documents. (Audio Reference 08m:41s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.E.2.
                                                                              
Vote: 4 - 0 – Unanimously
Attachments:
 
F.
AI -94940
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with Supreme Engineering, PLLC in connection with the “Mile 11 North & Texas Blvd – 2018 Bond Referendum Project No. 23”, Contract No. C-HCDD1-24-019-04-16 as approved for negotiations on 03/05/2024, AI 94475 (subject to final legal review). (Audio Reference 08m:58s)

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.F.1., subject to final legal review.

Vote: 4 - 0 – Unanimously

2. Acceptance and approval of Work Authorization No. 1 in the amount of $312,581.00, as submitted by Supreme Engineering, PLLC through Contract No. C-HCDD1-24-019-04-16 to provide Professional Engineering Services for “Mile 11 North & Texas Blvd – 2018 Bond Referendum Project No. 23” (subject to final legal review). (Audio Reference 09m:29s)

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.F.2., subject to final legal review.

Vote: 4 - 0 – Unanimously
 
G.
AI -94973
Y Drain - Budget 010
1. Approval of Application for Payment No. 5 in the amount of $268,053.48 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-050-R-05-30 Y Drain. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM, PO#647998
2. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-050-R-05-30 Y Drain. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM, PO#647998
3. Approval of Application for Payment No. 6 in the amount of $78,601.88 and $104.51 interest from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-050-R-05-30 Y Drain. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM, PO#647998. (Audio Reference 09m:58s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.G.1., through 6.G.3.
                                                                              
Vote: 4 - 0 – Unanimously

East Mercedes - Budget 510
4. Approval of Application for Payment No. 10 in the amount of $68,787.00 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 11m:18s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.G.4.
                                                                              
Vote: 4 - 0 – Unanimously

M 10 N & Baseline - Budget 520
5. Approval of Application for Payment No. 8 in the amount of $142,714.34 from RBM Contractors pertaining to construction contract C-HCDD1-23-014-04-26-KMG Mile 10 North & Baseline. Project Engineer: Quintanilla Headley PO#648064. (Audio Reference 11m:47s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.G.5.
                                                                              
Vote: 4 - 0 – Unanimously

Mission-McAllen Rado Alt Ph1 - Budget 525
6. Approval of Application for Payment No. 16 in the amount of $331,269.81 from Gonzalez Engineering pertaining to construction contract C-HCDD1-21-023-07-27 Mission-McAllen Rado. Project Engineer: B2Z Engineering PO#642887. (Audio Reference 12m: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.G.6.

Vote: 4 - 0 – Unanimously

Glasscock Rd Mile 4 to Mile 5 - Budget 543
7. Approval of Application for Payment No. 1 in the amount of $299,653.20 from Saenz Brothers  pertaining to construction contract C-HCDD1-23-051-09-27ESZ Glasscock Mile 4 to Mile 5. Project Engineer PO#648791.(Audio Reference 12m: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.G.7.

Vote: 4 - 0 - Unanimously                                                           
 
 
7.
 
2023 Bond Referendum Projects:
 
A.
AI -94991
South Main Drain Phase 1 - Budget 703
Approval of Application for Payment No. 1 in the amount of $274,492.80 from RG Enterprises, LLC pertaining to Construction Contract C-HCDD1-23-053-10-31 South Main Drain Phase 1, Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648721. (Audio Reference 13m: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 7.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Closed Session: (Audio Reference 13m:36s)
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 on Agenda Item 8 - Closed Session.

The Board proceeded to Agenda Item 10. (Audio Reference 13m:39s)
 
A.
 
Real Property (Tex. Gov't Code 551.072)

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

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.a) as it was a Closed Session item.
 
9.
 
Open Session:

The Board did not proceed to Agneda Item 9 - Open Session.
 
A.
 
Possible Action of Real Estate Acquisition

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.
 
10.
 
Adjourn (Audio Reference 13m:43s)

Judge Cortez adjourned the meeting with a vote of approval at 9:44 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 16th 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 16, 2024.

Signed this 17th 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