Skip to main content

AgendaQuick™

Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - AUGUST 20, 2024

BE IT REMEMBERED, that on this 20th day of August 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 ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
AUGUST 20, 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 the meeting to order at 9:31 A.M.

All members of the Board were present during the roll call, except Commissioner Everardo "Ever" Villarreal and Commissioner Ellie Torres.

Commissioner Everardo "Ever" Villarreal was absent from this meeting.

Commissioner Ellie Torres joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 00m:43s)

General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:19s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:23s)

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

See Drainage District - Consent Agenda for the action taken.
 
5.
 
Discussion and update by HCDD1 General Manager as it relates to pending construction and HCDD1 projects. (Audio Reference 04m:19s)

General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered an update related to pending construction and HCDD1 projects.

Commissioner David Fuentes thanked Drainage District No. 1 employees for their hard work and dedication in creating the 2024 State Flood Plan.

Commissioner Ellie Torres joined the meeting at this time.

No action was taken on Agenda Item 5.
 
6.
 
General Operations:
 
A.
AI -96433
1. Public Hearing for the purpose of receiving public comments related to Hidalgo County Drainage District No.1 Hazard Mitigation Action Plan update in accordance with the requirements of the Federal Emergency Management Agency (FEMA). (Audio Reference 08m:51s)

Judge Richard Cortez opened a public hearing at 9:40 A.M., however there were no participants for the public hearing. Judge Cortez Closed the public hearing at 9:40 A.M.

No action was taken on Agenda Item 6.A.




 
 
B.
AI -96376
1. Presentation by Burton McCumber & Longoria, LLP of the Hidalgo County Drainage District No. 1's 2023 Financial Audit, 2023 Single Audit, and the 2023 Annual Comprehensive Financial Report. (Audio Reference 09m:37s)


Ricky Longoria and Luis Lopez, with Burton McCumber & Longoria, LLP, came before the Board to present the Hidalgo County Drainage District No. 1's 2023 Financial Audit, 2023 Single Audit, and the 2023 Annual Comprehensive Financial Report.

No action was taken on Agenda Item 6.B.1.

2. Requesting approval of the Hidalgo County Drainage District No. 1 2023 Financial Audit, 2023 Single Audit, and the 2023 Annual Comprehensive Financial Report. (Audio Reference 22m:00s)

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 item 6.B.2.
                                                     
Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -96386
1.  Submission of the 2024 No New Revenue and Voter Approval Rate for Hidalgo County Drainage District No. 1.
2.  Discussion of the 2024 Planning Calendar
3.  Discussion of the 2024 Tax Rates.

Julio Espinoza with the Hidalgo County Tax Office, and Chief Financial Officer for the Drainage District No. 1, Ms. Lora Briones, presented agenda items 6.C.1., through 6.C.3.

No action was taken on Agenda Items 6.C.1., through 6.C.3.

4.  Record vote on the proposed 2024 Tax Rate and schedule a public hearing if applicable. (Audio Reference 22m:19s)

Julio Espinoza with the Hidalgo County Tax Office, stated that the No New Revenue Rate is .1087, Voter Approval Tax Rate for 2024 is .1103 and the Election Rate for Developing Water Districts is .1123.

Chief Financial Officer for the Drainage District No. 1, Ms. Lora Briones, recommended the Proposed Tax Election Rate of .1123. Ms. Lora Briones added that the public hearing for the Drainage District No. 1 will take place on September 24, 2024, at 1:30 P.M.

The Board proceeded with a vote of approval for the proposed Tax Election rate of .1123 and the date for the public hearing. 

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 item  6.C.4.
                                      
Vote: 4 - 0 – Unanimously

Pct. No. 1 Commissioner David Fuentes voted Aye
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted Aye
Pct. No. 4 Commissioner Ellie Torres voted Aye
Judge Richard Cortez voted aye          
 
D.
AI -96293
Requesting approval to complete and submit a credit application, to establish a District account with Southern Tire Mart LLC., for the acquisition of tires & tire related services, with the authority of the District General Manager or his designee to sign the credit application. (Audio Reference 26m:40s)

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 item 6.D.
                                                     
Vote: 4 - 0 – Unanimously
 
E.
AI -96317
Requesting approval of Hidalgo County Irrigation District No. 2 Permit Application as it relates to the Nolanna Loop project and authority for the Chairman of the Board to execute documents. (Audio Reference 26m:58s)

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 item 6.E.
                                                     
Vote: 4 - 0 – Unanimously
Attachments:
 
F.
AI -96243
Requesting approval to renew/extend the contract with the following companies for the provision of Title Report Related Services for one (1) additional year under the same rates, terms, and conditions, to be effective September 5, 2024. (Subject to compliance with HB-1295):
 
COMPANY CONTRACT No.
Sierra Title of Hidalgo County, Inc. C-HCDD1-23-007A-09-05
Valley Land Title Company C-HCDD1-23-007B-09-05
Amigo Title C-HCDD1-23-035-09-05

(Audio Reference 27m:14s)

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.F., subject to compliance with HB-1295.
                                                                         
Vote: 4 - 0 – Unanimously
 
G.
AI -96416
Requesting acceptance and approval of Donation Deed from Border Town Development, LLC as it relates to aa 11.83 Acre tract of land out of Lot 4 and 5 Block 70, Engelman Re-subdivision, pending final legal review. (Audio Reference 27m:43s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.G., pending final legal review.

Vote: 4 - 0 -Unanimously 
Attachments:
 
H.
AI -96242
Requesting approval of the following final negotiated Professional Service Contracts for the provision of ''Real Estate Appraisal Services (On call on as needed basis)'' for Hidalgo County Drainage District No. 1 projects, as approved for negotiations by HCDD1 Board of Directors on 03/19/24, AI-94576. (Subject to final legal review and compliance with HB1295):  (Audio Reference 28m:02s)


Leonel Garza Jr. & Associates, LLC; (C-HCDD1-24-003A-08-20)
Appraisal Haus, LLC; (C-HCDD1-24-003B-08-20)

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.H., subject to final legal review and compliance with HB1295.
                                                                         
Vote: 4 - 0 – Unanimously
 
I.
AI -96315
Requesting authority to advertise and approval of RFB packet for "HCDD1 M&O Training Facility Site Improvements", RFB No. HCDD1-24-048-09-04-JS, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 28m:26s)

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 item 6.I.

Vote: 4 - 0 - Unanimously 
 
J.
AI -96403
Hidalgo County Precinct 1 Reimbursement - Various Funds
Payment approval of Invoice No DD-27 in the amount of $108,034.00 from Hidalgo County Precinct No.1 for Equipment Rental for the first quarter of 2024. (Audio Reference 28m:50s)

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 item 6.J.

Vote: 4 - 0 - Unanimously 
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -96401
Weslaco Drain - Budget 335
1. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-017-R-05-02 Weslaco Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#647867
2. Approval of Application for Payment No. Retainage in the amount of $56,756.41 and $142.25 in interest from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-017-R-05-02 Weslaco Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#647867 (Audio Reference 29m:09s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda items 7.A.1., and 7.A.2.

Vote: 4 - 0 – Unanimously
 
8.
 
2018 Bond Referendum Projects:
 
A.
AI -96413
Requesting approval of closing documents for Parcel 26-11 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 29m:47s)

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 item 8.A., pending final legal review.
                                                     
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -96240
Requesting approval of Supplemental Agreement No. 1 to the Work Authorization 1, with S2 Engineering, PLLC. for the project of ''Southwest Weslaco Phase III -2018 Bond Referendum Project No. 35'', (C-HCDD1-23-012-02-17) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of November 30, 2025, (Subject to final legal review and compliance with HB1295). (Audio Reference 30m:06s)

Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda Item 8.B.

The remaining members of the Board proceeded with a vote of approval for Agenda Item 8.B.

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 8.B., subject to final legal review and compliance with HB1295.

Vote: 3 - 0 -Unanimously
 
C.
AI -96256
Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Services Agreement and to the Work Authorization No. 1 for the project, "Mile 10 N. & Baseline Road -2018 Bond Referendum Project No. 20", (C-HCDD1-19-021-03-26) with Quintanilla, Headley & Associates, Inc., 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 HB-1295). (Audio Reference 30m:45s)

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 item 8.C., subject to final legal review and compliance with HB-1295.
                                                        
Vote: 4 - 0 – Unanimously
 
D.
AI -96402
Highway 281 & FM 88 - Budget 514
1. Approval of Application for Payment No. 14 in the amount of $37,800 from Go Underground pertaining to construction contract C-HCDD1-22-019-07-12 Highway 281 & FM 88. Project Engineer Cruz Hogan PO#646340
M10 N & Baseline - Budget 520
2. Approval of Application for Payment No. 11 in the amount of $204,124.85 from RBM Contractors  pertaining to construction contract C-HCDD1-23-014-04-26-KMG M10 N & Baseline. Project Engineer Quintanilla Headley PO#648064
Glasscock Rd (Mile 4 Mile 5) - Budget 453
3. Approval of Application for Payment No. 5 in the amount of $311,673.60 from Saenz Brothers Construction pertaining to construction contract C-HCDD1-23-051-09-27ESZ Glasscock(Mile 4 to Mile 5). Project Engineer J&R Engineering PO#648791 (Audio Reference 31m:13s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda items 8.D.1., through 8.D.3.

Vote: 4 - 0 -Unanimously 
 
9.
 
2023 Bond Referendum Projects:
 
A.
AI -96314
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 32m:11s)
 
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 item 9.A.1.
                                                     
Vote: 4 - 0 – Unanimously

2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Engineering Services Agreement with South Texas Infrastructure Group, LLC from the District Pre-approved “Pool” of Pre-qualified Professional Engineers as approved by the Board of Directors on March 19, 2024 (AI 94576) for the 2023 Bond Referendum Project No 15 - PD Lateral Drain Extension 3. (Audio Reference 32m:25s)

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 9.A.2.
                                                                         
Vote: 4 - 0 – Unanimously
 
B.
AI -96424
South Main Drain Phase 2 - Budget 703
Approval of Application for Payment No. 3 in the amount of $633,521.39 from E-Con Group pertaining to construction contract C-HCDD1-24-007-03-19 South Main Drain Phase 2. Project Engineer HCDD1 Omar Anzaldua, Jr. PE. CFM PO#649085 (Audio Reference 32m:51s)

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 item 9.B.
                                                     
Vote: 4 - 0 – Unanimously

The Board proceeded to Agenda Item 12 - Adjournment. (Audio Reference 33m:14s)
Attachments:
 
10.
 
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:

The Board did not proceed into Agenda Item 10 - Closed Session.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference Agenda Item 11.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference Agenda Item 11.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 10.C.a), as it was a Closed Session Item.
 
11.
 
Open Session:

The Board did not proceed into Agenda Item 11 - Open Session.

No action was taken on Agenda Item 11.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on Agenda Item 11.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on Agenda Item 11.B.
 
12.
 
Adjourn (Audio Reference 33m:15s)

Judge Cortez adjourned the meeting with a vote of approval at 10:04 A.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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 20th day of August, 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 August 20, 2024.

Signed this 21st day of August, 2024




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


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