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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - JULY 9, 2024

BE IT REMEMBERED, that on this 9th day of July 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

 
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
JULY 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:02s)

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 Eduardo "Eddie" Cantu and Commissioner Ellie Torres.

Commissioner Eduardo "Eddie" Cantu and Commissioner Ellie Torres were absent from this meeting.
 
2.
 
Prayer (Audio Reference 00m:21s)

Assistant District General Manager of the Hidalgo County Drainage District No. 1, Yvette Barrera, offered the prayer.
 
3.
 
Open Forum (Audio Reference 01m:30s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 01m:35s)

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 -95909
Discussion and update as it relates to Hurricane Beryl Flood Operations. (Audio Reference 01m:48s)

Asst. District General Manager, Yvette Barrera, presented the update related to Hurricane Beryl Flood Operations.

No action was taken on Agenda Item 5.A.
 
B.
AI -95911
Requesting approval of Statement of Work with Worldgate LLC for UKG Workforce Ready Solution as it relates to configuration services for UKG Ready Software. (Audio Reference 02m:34s)

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.

Vote: 3 - 0 - Unanimously
Attachments:
 
C.
AI -95885
Requesting approval to complete and submit a credit application, to establish a District account with General Industries Inc., for the acquisition of stainless steel tanks, products and services/support with the authority of the District General Manager or his designee to sign the credit application. (Audio Reference 02m:51s)

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.C.

Vote: 3 - 0 - Unanimously
Attachments:
 
D.
AI -95886
Requesting approval to complete and submit a credit application, to establish a District account with McGee Company, for the acquisition of tire repair supplies, products and services/support with the authority of the District General Manager or his designee to sign the credit application. (Audio Reference 03m:10s)

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 -95902
Requesting approval to exercise the District's sole option to renew/extend the contract for the 2nd and final year with Terra Firma Materials, L.L.C., for ''Flexible Base Material (Crushed Caliche)'' for a period of one (1) year, under the same, rates, terms, and conditions as stated in the contract number C-HCDD1-22-035-08-09, to be effective August 9, 2024. (Subject to compliance with HB-1295). (Audio Reference 03m:28s)

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.E., subject to compliance with HB-1295.

Vote: 3 - 0 - Unanimously
 
F.
AI -95882
Requesting approval of Work Authorization No. 13 to provide Construction Materials Testing Services (CMT) for a total amount of $90,002.09 as submitted by B2Z Engineering, LLC for "HCDD1 Complex M&O Training Facility" Contract No. C-HCDD1-23-036-07-25. (Audio Reference 03m:56s)

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.

Vote: 3 - 0 - Unanimously
 
G.
AI -95933
Requesting approval of Work Authorization No. 14 to provide Construction Materials Testing Services (CMT) for a total amount of $19,450.28 as submitted by B2Z Engineering, LLC for "365 Toll Off-Site Drainage Improvements Project Outfall 2,3,4", Contract No. C-HCDD1-23-036-07-25. (Audio Reference 04m:27s)

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: 3 - 0 - Unanimously
 
H.
AI -95935
Requesting approval of the Supplemental Agreement No. 1 to the Professional Engineering Service Agreement with B2Z Engineering, LLC., in relation to the ''North Main Drain Expansion (Canton to 17 1/2), TDEM Project", (C-HCDD1-23-025-05-16) to amend paragraph 32 adding contract provisions related to the Code of Federal Regulations as they are related to the project. (Subject to final legal review and compliance with HB-1295). (Audio Reference 04m:56s)

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.H., subject to final legal review and compliance with HB-1295.

Vote: 3 - 0 - Unanimously
 
I.
AI -95938
Requesting approval of the Supplemental Agreement No. 1 to the Construction Contract with Welch Excavation & Utility Company, Inc., in relation to the ''North Main Drain Expansion (Canton to 17 1/2), TDEM Project", (C-HCDD1-22-066-05-02) to add provisions related to the Code of Federal Regulations. (Subject to final legal review and compliance with HB-1295). (Audio Reference 05m:25s)

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.I., subject to final legal review and compliance with HB-1295.

Vote: 3 - 0 - Unanimously
 
J.
AI -95952
HCRMA - Budget 201
Approval to issue payments on award to three (3) special commissioners, Orlando J. Villarreal, Moises Flores, Jr., and Jason Pena in the amount of $2,000.00 each pertaining to condemnation proceedings for Cause No. CCD-0737-F Parcel OD-6 Triple Net Powersports, LP. (Audio Reference 05m:52s)

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.J.

Vote: 3 - 0 - Unanimously
 
K.
AI -95947
North Main Drain - Budget 204
Approval of Application for Payment No. 7 in the amount of $160,716.54 from Welch Excavation pertaining to construction contract C-HCDD1-22-066-05-02. Project Engineer HCDD1 Omar Anzaldua, Jr., PE., CFM. PO#647845. (Audio Reference 06m:16s)

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.K.

Vote: 3 - 0 - Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -95913
 Requesting approval of Inter Local Agreement by and between Hidalgo County Drainage District No. 1 and Hidalgo County Pct. 2 as it relates to the  ''Hidalgo Drain Drainage Improvements -2018 Bond Referendum Project No. 13". (Pending Final Legal Review) (Audio Reference 06m:57s)

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 6.A., pending final legal review.

Vote: 3 - 0 - Unanimously 
 
B.
AI -95778
Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Agreement and to the Work Authorization 1, with B2Z Engineering, LLC. for the project of  ''South "I" Road Detention -2018 Bond Referendum Project #33'', (C-HCDD1-19-080-03-24) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of December 31, 2024, (subject to final Legal review and compliance with HB1295). (Audio Reference 07m:17s)

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 6.B., subject to final Legal review and compliance with HB1295.

Vote: 3 - 0 - Unanimously 
 
C.
AI -95910
Requesting approval of closing documents for Parcel 10A-E10 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents. (Audio Reference 07m:49s)

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 6.C.

Vote: 3 - 0 - Unanimously
Attachments:
 
D.
AI -95912
1. Requesting approval of closing documents for Parcel 23-19 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 23-19 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 08m:03s)

Asst. General District Manager, Yvette Barrera, stated that the correct parcel number for Agenda Item 6.D.2., is Parcel 23- 35A.

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.D.1., and 6.D.2., pending final legal review, with correction made. 

Vote: 3 - 0 - Unanimously
Attachments:
 
E.
AI -95953
South Lateral Drain - Budget 534
Approval to issue payments on award to three (3) special commissioners, Damian Orozco, Veronica Moncivais, and Melba I. Garza in the amount of $3,500 each pertaining to condemnation proceedings for Cause No. CCD-0761-E Parcel 13 Guillermo Lopez and Nilda Lopez. (Audio Reference 08m:40s)

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 6.E.

Vote: 3 - 0 - Unanimously
 
F.
AI -95949
Highway 281 & FM 88 - Budget 514
1. Approval of Application for Payment No. 13 in the amount of $83,790.00 from GO Underground pertaining to construction contract C-HCDD1-22-019-07-12 Highway 281 & FM 88. Project Engineer Cruz-Hogan PO#646340
Mid-Valley Airport - Budget 519
2. Approval of Application for Payment No. 9 in the amount of $146,676.63 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-22-020-05-31 Mid-Valley Airport. Project Engineer HCDD1 Yvette Barrera, PE, CFM PO#646596
Mission Lateral - Budget 526
3. Payment approval of Invoice No. HCDD1-0297 in the amount of $44,421.68 from Hidalgo County Precinct 3 pertaining to work performed at the Mission Lateral Project.
South I RD - Budget 533
4. Approval of Application for Payment No. 7 in the amount of $260,935.65 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-22-060-11-29 South I RD. Project Engineer B2Z Engineering. PO#647343. (Audio Reference 09m:02s)

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.F.1., through 6.F.4.

Vote: 3 - 0 - Unanimously

Southwest Weslaco - Budget 535
5. Approval of Application for Payment No. 2 in the amount of $524,506.89 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-23-056-11-14 Southwest Weslaco. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#648668. (Audio Reference 10m:58s)

Mr. Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda Item 6.F.5.

The remaining members of the Board proceeded with a vote of approval for Agenda Item 6.F.5.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 6.F.5.

Vote: 2 - 0 – Unanimously
 
7.
 
2023 Bond Referendum Projects:
 
A.
AI -95929
Requesting approval of Work Authorization No. 12 to provide Construction Materials Testing Services (CMT) in the amount of $35,132.35 and Construction Engineering Inspection Services (CEI) in the amount of $31,924.58 for a total amount of $67,056.93 as submitted by B2Z Engineering, LLC for "Pharr McAllen Lateral East - 2023 Bond Referendum Project No. 9" Contract No. HCDD1-23-036-ESZ. (Audio Reference 11m:37s)

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 7.A.

Vote: 3 - 0 - Unanimously
 
B.
AI -95851
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, Gonzalez Engineering & Management, LLC, in the amount of $1,936,019.00 for the project ''Mission-McAllen Drain Phase I -2023 Bond Project 12'', RFB No. HCDD1-24-030-06-06-LSM as recommended by Project Engineer, Izaguirre Engineering Group, LLC (subject to Legal review and compliance with HB1295).
2. Pursuant to the Texas Water Code 49.273(i), requesting authority for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to approve change orders that involve an increase or decrease in cost of $50,000.00 or less and in no event exceed the Change Order's statutory limits. (Audio Reference 12m: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 items 7.B.1., subject to legal review and compliance with HB1295, and Agenda Item 7.B.2.

Vote: 3 - 0 - Unanimously
 
C.
AI -95928
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, Synergy Development & Construction, LLC, in the amount of $1,062,867.90 for the project ''Mission-McAllen Drain Phase III -2023 Bond Project 12'', RFB No. HCDD1-24-032-07-03-LSM as recommended by Project Engineer, SAMES, Inc. (subject to Legal review and compliance with HB1295). (Audio Reference 13m:46s)

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 7.C.1., subject to legal review and compliance with HB1295.

Vote: 3 - 0 - Unanimously

2. Pursuant to the Texas Water Code 49.273(i), requesting authority for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to approve change orders that involve an increase or decrease in cost of $50,000.00 or less and in no event exceed the Change Order's statutory limits. (Audio Reference 14m: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 7.C.2.

Vote: 3 - 0 - Unanimously
 
D.
AI -95951
South Main Drain Phase 1 - Budget 703
Approval of Application for Payment No. 4 in the amount of $501,300.00 from RG Enterprises pertaining to construction contract C-HCDD1-23-053-10-31 South Main Drain Ph 1. Project Engineer HCDD1 Omar Anzaldua Jr. PE, CFM PO#648721. (Audio Reference 14m:50s)

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 7.D.

Vote: 3 - 0 - Unanimously
Attachments:
 
8.
 
General Fund:
 
A.
AI -95948
Ditch W-01-00 Gate Structure - Budget 025
Approval of Application for Payment No. 4 in the amount of $187,361.60 form Mor-Wil, LLC pertaining to construction contract C-HCDD1-23-008-04-04. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM. PO#648479. (Audio Reference 16m:10s)

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.A.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI -95950
Raymondville Drain - Budget 010
1. Payment approval of Invoice No. 01-2024 RD in the amount of $30,563.09 from Hidalgo County Precinct 4 for Pay Period 1 2024. 
2. Payment approval of Invoice No. 02-2024 RD in the amount of $58,137.82 from Hidalgo County Precinct 4 for Pay Period 2 2024.
3. Payment approval of Invoice No. 04-2024 RD in the amount of $38,360.49 from Hidalgo County Precinct 4 for Pay Period 4 2024. (Audio Reference 16m:40s)

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 8.B.1., through 8.B.3.

Vote: 3 - 0 - Unanimously
Attachments:
 
9.
 
Closed Session: (Audio Reference 17m:24s)
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 to Agenda Item 9 - Closed Session.

The Court proceeded to Agenda Item 11. (Audio Reference 17m:28s)
 
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 on Agenda Item 9.C.a)., as it was a Closed Session item.
 
10.
 
Open Session:

The Board did not proceed to Agenda Item 10 - Open Session.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on Agenda Item 10.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on Agenda Item 10.B.
 
11.
 
Adjourn (Audio Reference 17m:29s)

Judge Cortez adjourned the meeting with a vote of approval at 9:48 A.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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 9th day of July, 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 July 9, 2024.

Signed this 9th day of July, 2024




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


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