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SPECIAL MEETING - MAY 3, 2022

BE IT REMEMBERED, that on this 3rd day of May A.D., 2022, 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
MAY 3, 2022
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 :01s)

Judge Cortez called the meeting to order at 9:35 a.m.

All members of the Board were present during the roll call, except Commissioner Torres and Commissioner Fuentes.

Commissioner Fuentes joined the meeting during Open Session.
             
   2.   Prayer (Audio Reference :17s)

Chief of Staff of the Hidalgo County Drainage District No.1, Jaime Salazar, offered the prayer.

             
   3.   Open Forum (Audio Reference 01m:00s)

There were no Open Forum participants.
             
   4.   Approval of Consent Agenda (Audio Reference 01m:08s)

The Board proceeded with the approval of the Consent Agenda.

See the Drainage District - Consent Agenda for the action taken.
             
   5.   General Operations:
             
   A.   AI -85620    Requesting approval of Change Order No. 1 with Castle Enterprises, LLC (C-HCDD1-21-050-01-11) to reflect an increase amount of $107, 075.74, with an additional ninety (90) construction calendar days for the project of, "Drainage Area Improvements for Y Drain Ph I, Tower Rd between Rogers and Monte Cristo & Curry Drain and Valverde Rd Crossing," and as recommended by project engineer, Omar Anzaldua, Jr., P.E., CFM, PMP, CCM, HCDD1 Assistant District General Manager. (subject to HB 1295 compliance) (Audio Reference 01m:17s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.

Vote: 3 - 0 -Unanimously 
  Attachments:
  Change Order No. 1
 
             
   B.   AI -85693    Discussion, consideration, and possible action to authorize Hidalgo County Drainage District No.1 to submit an application to the Texas Water Development Board for the Economically Distressed Areas Program (EDAP) for the Delta Water Treatment Plant Project. (Audio Reference 01m:52s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU , the Board made a UNANIMOUS vote of approval on agenda item 5.B.

Vote: 3 - 0 -Unanimously 
  Attachments:
  EDAP
 
             
   C.   AI -85703    Discussion, consideration and possible action to increase the Drainage Report Review fee and to introduce a Re-Inspection Fee. (Audio Reference 02m:08s)

Jaime Salazar requested that the Drainage Report Review fee be modified to $475.00, and to introduce a Re-Inspection Fee of $500.00 due to the level of effort.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C, as requested.

Vote: 3 - 0 -Unanimously 

(Audio Reference 05m:00s)

The Board clarified that the Re-Inspection Fee amount approved should be $525.00 and not $500.00. The Board proceeded to rescind the previous action taken, and approved the corrected amounts of $475 for the Drainage Report Review fee, and $525.00 for the Re-Inspection Fee.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU to amend the previous motion to include the Re-Inspection fee to be $525.00, and to rescind the previous action taken, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C, as requested.

Vote: 3 - 0 -Unanimously 

The Board proceeded to agenda item 6.C.2. (Audio Reference 05m:58s)
             
   6.   2018 Bond Referendum Projects:
             
   A.   AI -85660    1.  Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of August 15, 2022, (subject to Legal review and compliance with HB1295). (Audio Reference 03m:10s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.A.1.

Vote: 3 - 0 -Unanimously 

2.  Requesting approval of Supplemental Agreement No. 4 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on August 15, 2022, (subject Legal review and compliance with HB1295). (Audio Reference 03m:35s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.A.2.

Vote: 3 - 0 – Unanimously
  Attachments:
  SA 4 to Contract
  SA4WA1
 
             
   B.   AI -85654    Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer Firm, Quntanilla, Headley and Assoc, Inc.,"J-08 Drain Improvements-2018 Bond Referendum Project No. 15B" -CSP No. HCDD1-22-024-05-25-RFV, 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 04m:01s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.B.

Vote: 3 - 0 – Unanimously
  Attachments:
  CSP PACKET-FRONT END DOCUMENTS
  Procurement Schedule
 
             
   C.   AI -85670    Cesar Chavez & Texas Rd, Canton & Tower Rd, & Iowa Rd Drainage Improvements - Budget 010-314
1. Approval of Application for Payment No. 3 in the amount of $94,244.64 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-011-07-27 Cesar Chavez & Texas Rd, Canton & Tower Rd, & Iowa Rd Drainage Improvements. Project Engineer: HCDD1, PO#642716. (Audio Reference 04m:32s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1.

Vote: 3 - 0 – Unanimously

The Court proceeded back to agenda item 5.C to clarify a correction. (Audio Reference 05m:00s)

San Carlos 83rd - 87th St Drainage Budget 010-316
2. Approval of Application for Payment No. 1 in the amount of $352,266.30 from Saenz Brothers Construction pertaining to construction contract C-HCDD1-21-044-11-02 San Carlos 83rd - 87th Street Drainage Improvements Outfall. Project Engineer: Omar Anzaldua, Jr. PE,
PO#645281-R (Audio Reference 05m:58s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.C.2

Vote: 3 - 0 – Unanimously

Mission Lateral Phase III - Budget 526 
3. Approval of Application for Payment No. 3 in the amount of $369,441.00 from Saenz Brothers Construction pertaining to construction contract C-HCDD1-21-027-07-27 Mission Lateral Phase III. Project Engineer: L&G Engineering, PO#642757 (Audio Reference 06m:26s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.

Vote: 3 - 0 – Unanimously

K-07-02 Drain - Budget 542
4. Approval of Application for Payment No. 2 in the amount of $407,402.10 from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-049-10-19 K-07-02 Drain. Project Engineer: B2Z Engineering, PO#643151 (Audio Reference 06m:48s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.4.

Vote: 3 - 0 -Unanimously 
  Attachments:
  Pay App 1 Saenz
  Pay App 2 Mor Wil
  Pay App 3 Mor Wil
  Pay App 3 Saenz
 
             
   D.   AI -85686    1. Requesting approval of Right of Possession Agreement for Parcel 15A-4 as it relates to Project 15A of the 2018 Drainage Bond Program - J-08 Drain and authority for the Chairman of the board to execute documents. (Audio Reference 07m:08s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1.

Vote: 3 - 0 -Unanimously 

2. Requesting approval of Right of Possession Agreement for Parcel 15B-5 as it relates to Project 15B of the 2018 Drainage Bond Program - J-08 Drain and authority for the Chairman of the board to execute documents. (Audio Reference 07m:26s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.D.2.

Vote: 3 - 0 – Unanimously
  Attachments:
  15A-4
  15B-5
 
             
   E.   AI -85700    Requesting approval of Supplemental Agreement No. 4 to Work Authorization No. 1 with SAMES, Inc., (C-HCDD1-19-019-03-26) to reflect an estimated cost increase of $27,991.75 for additional Professional Surveying and Engineering Services for project, "FM 493 & Country Road -2018 Bond Referendum Project #12", (subject Legal review and compliance with HB1295). (Audio Reference 07m:43s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 
  Attachments:
  SA4 to WA1
 
             
   F.   AI -85701    1. Requesting approval of Supplemental No. 3 with Quintanilla Headley & Associates, Inc. (C-HCDD1-19-009-03-26) to reflect a revised Exhibit F Contract Rates to include Surveying Rates for project, "Jackson Rd. Drain-2018 Bond Referendum Project #16." (subject legal review and compliance with HB 1295) (Audio Reference 08m:11s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.F.1.

Vote: 3 - 0 -Unanimously 

2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 with Quintanilla Headley & Associates, Inc., (C-HCDD1-19-009-03-26) to reflect an estimated cost increase of $36,500.00 for additional Professional Surveying and Engineering Services for project, "Jackson Rd. Drain-2018 Bond Referendum Project #16." (subject Legal review and compliance with HB1295). (Audio Reference 08m:36s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.F.2.

Vote: 3 - 0 -Unanimously 
             
   7.   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: (Audio Reference 09m:04s)

The Board proceeded into Closed Session with a vote of approval at 9:44 A.M. (The audio was turned off for the vote of approval)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval to proceed into closed session.

Vote: 3 - 0 – Unanimously
             
   A.   Real Property (Tex. Gov't Code 551.072)

Reference agenda item 8.A.
             
   B.   Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 8.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 7.C.
             
   D.   AI -85695    Discussion and consideration regarding Cause No. CCD-06025-B, Hidalgo County Drainage District No. 1 vs. Arnulfo and Juana Gonzalez.

Reference agenda item 8.A.
             
   E.   AI -85691    Consultation with Legal Counsel regarding legal issues related to Depository Agreement.  

Reference agenda item 8.A.
             
   F.   AI -85694    Discussion and Consideration regarding Cause No. CCD-0632-I, Hidalgo County Drainage District No.1 vs. Taek Kim and Nancy Vargas Kim, Co-Trustees of the Kim Family Property Trust. 

Reference agenda item 8.A.
             
   G.   AI -85696    Discussion and consideration regarding Cause No. CCD-0641-J, Hidalgo County Drainage District No. 1 vs. Arnulfo Gonzalez.

Reference agenda item 8.A.
             
   H.   AI -85697    Discussion and consideration regarding Cause No. CCD-0627-D, Hidalgo County Drainage District No. 1 vs. Omar Vela.

Reference agenda item 8.A.
             
   8.   Open Session: (Audio Reference 09m:52s)

The Board returned from closed session at 10:12 am

Commissioner Fuentes joined the meeting.
             
   A.   Possible Action of Real Estate Acquisition (Audio Reference 10m:01s)

Legal Counselor, Ivan Perez, addressed the closed session agenda items as follows:

As it relates to executive session items 7.D, 7.F, 7.G, and 7.H, Mr. Perez requested a motion to authorize legal counsel to proceed as discussed in closed session.

The Board proceeded with a vote of approval as requested for agenda items 7.D, 7.F, 7.G, and 7.H.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval as requested for agenda items 7.D, 7.F, 7.G, and 7.H.

Vote: 4 - 0 – Unanimously

(Audio Reference 10m:25s)

As it relates to executive session item 7.E, Mr. Perez requested a motion to authorize legal counsel to proceed as discussed in closed session.

The Board proceeded with a vote of approval as requested for agenda item 7.E.

Commissioner Cantu abstained from any discussion and/or action on agenda item 7.E.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval as requested for agenda item 7.E..

Vote: 3 - 0 – Unanimously

(Audio Reference 10m:45s)

As it relates to agenda item 8.A. Mr. Perez requested a motion to authorize Raul Sesin to proceed as discussed in closed session.

The Board proceeded with a vote of approval for agenda item 8.A.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval as requested for agenda item 8.A

Vote: 4 - 0 – Unanimously

The Board proceeded to agenda item 9 - Adjournment. (Audio Reference 11m:00s)
             
   B.   Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 8.B.
             
   9.   Adjourn (Audio Reference 11m:00s)

Judge Cortez adjourned the meeting with a vote of approval at 10:13 A.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 3rd day of May 2022

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on May 3, 2022.

Signed this 3rd day of May 2022




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy
 

    

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