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SPECIAL MEETING - August 13, 2019

BE IT REMEMBERED, that on this 13th day of August A.D., 2019, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court 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 JOE M. FLORES

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
August 13, 2019
9:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court 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

Chairman Richard Cortez called the meeting to order at 9:31 a.m.

All Commissioners were present for roll call.
             
2.   Prayer

Opening prayer was offered by Jaime Salazar.
             
3.   Open Forum

Joe Rodriguez questions the maintenance of the drainage system before disasters happen. He would like to see more upkeep of the drainage system on a proactive level.
Norma Aldape, from Los Olivares Acres, thanks Commissioner David Fuentes and Raul Sesin for the completed drainage system in her colonia.
  Attachments:
  Forum Sign In
 
             
4.   Approval of Consent Agenda

The court moved to approve the entire consent agenda.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
             
5.   General Operations:
             
A.   AI -71700    Discussion and possible action to grant the City of San Juan a restrictive covenant to prohibit residential construction over no more than 150 feet of District property bordering a proposed City dewatering facility. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
  Attachments:
  San Juan Dewater Ex
  HCCD1 Exhibit
 
             
B.   AI -71724    Discussion, consideration and approval of a Joint Resolution in Support of Proposition 8 (House Joint Resolution 4) relating to the Flood Infrastructure Fund and authorize the Drainage District's General Manager, Board Member Fuentes and Board Member Torres to attend meetings and offer testimony as needed in connection with Proposition 8.

Commissioner David Fuentes advises the Board of the importance of this Resolution.  He would like to be able to represent Commissioners Court as well as himself in the upcoming meeting; with this resolution he will now be able to do so.  He stated this Resolution has no monetary impact on the communities taxes; this will however, open the area up for available funding for drainage infrastructure.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Resolution Prop 8
 
             
C.   AI -71675    110-General Fund - Budget 006-M&O 
Approval to issue payment on Invoice No. DD-07 in the amount of $141,921.67 for  use of  Hidalgo County Precinct No. 1 Heavy Equipment, for the months of April through June, 2nd quarter of 2019.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

Commissioner Joe Floes stepped away from the meeting.
  Attachments:
  Pct 1 Rental of Equip DD-07
 
             
6.   2018 Bond Referendum Projects:
             
A.   AI -71612    Requesting authority to advertise and approval of plans and specifications developed by project engineer, SAMES, Inc., for: Hidalgo County Drainage District No. 1 -“Hidalgo Drain (Military Road Crossing) -2018 Bond Referendum Project #13” -RFB No. HCDD1-19-064-08-30, including the re-advertising of project in the event no Bid responses are received and/or are rejected and project is still required.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 
  Attachments:
  PLANS
  Specifications
 
             
B.   AI -71680    1.  Request approval to de-obligate ten million ($10,000,000) from the District 2019 Bond Series- fund 138 and return to the District's General Fund to its unreserve fund balance.

Correction bond should read 134 not 138

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 4 - 0 – Unanimously

2.  Request approval to reimburse the General Fund $1,377,313.94 for expenditure payments relating to the 2018 Bond Program. 

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 4 - 0 – Unanimously

 
             
C.   AI -71706    1. Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with  Izaguirre Engineering Group, LLC , as it relates to Professional Engineering Services related to the project: "Sunflower Drain -2018 Bond Referendum Project #36''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #69690 (04-02-19);

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Commissioner Joe Flores joined the meeting.

2. Pursuant to the Board's Approval of Professional Agreement with  Izaguirre Engineering Group, LLC, requesting approval of Work Authorization No. 1 in the amount of $107,846.57 , to provide Engineering Services for "Sunflower Drain -2018 Bond Referendum Project #36'', subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-042-08-13 - WA-1). 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Contract
  WA-1
 
             
7.   2012 Bond Referendum - 2013 Bond Series:
             
A.   AI -71580    Request approval of Notice to Resume Work Order to Castle Enterprises, LLC, with effective date of August 19, 2019, related to Construction Contract No. C-HCDD1-18-047-09-25 -Alamo Expressway Drain Project with authority for HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM, to sign notice. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Notice to Resume Work
 
             
B.   AI -71661    Requesting approval of  Change Order No. 1, reflecting a decrease in the total amount of $ -66,056.27, and no additional construction calendar days, in connection with contract No. C-HCDD1-19-036-05-07 -Hidalgo County Drainage District No. 1 "Iowa Road Drainage Improvements Project" with Castle Enterprises, LLC, as recommended by project engineer, B2Z Engineering, with authority for HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM. to execute document, subject to compliance with HB1295.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Change Order 1
 
             
C.   AI -71586    1. Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with Javier Hinojosa Engineering, as it relates to Professional Engineering Services related for the project: "Moorefield Rd & Inspiration (Mile 5 Rd thru Mile 6 Rd." Approved for negotiations by HCDD1 Board of Directors on Agenda Item #70892 (06/18/19);

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

2. Pursuant to the Board's Approval of Professional Agreement with Javier Hinojosa Engineering, requesting approval of Work Authorization No. 1 in the amount of $70,337.82, to provide Engineering Services for "Moorefield Rd & Inspiration (Mile 5 Rd thru Mile 6 Rd)", subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-055-08-13 - WA-1). 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
  Attachments:
  Contract
  WA-1
 
             
D.   AI -71573    Requesting acceptance and approval of Work Authorization No. 2 in the amount of $16,590.25 as submitted by Millennium Engineers Group, Inc., in relation to professional CMT Services for:  "Jackson Drain Improvements" through awarded Contract No. C-HCDD1-19-031-04-09 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services"  (Subject to Legal Review and compliance to HB1295)

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  WA-2
 
             
E.   AI -71574    Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Jackson Drain Improvement-Budget: 310
Application for Payment No. 1 in the amount of $77,811.48 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25 
Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#636129-19

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Castle Pmt#1-Jackson
 
             
8.   Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
             
A.   Real Estate Acquisition
             
B.   Pending or contemplated litigation; a settlement offer; and/or 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.
             
9.   Open Session:
             
A.   Real Estate Acquisition
             
B.   Pending and/or Potential Litigation
             
10.   Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
             
11.   Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
             
12.   Adjourn

Chairman Richard Cortez adjourned the meeting at 9:53 a.m.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

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 13th day of August, 2019

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


By: ______________________________
Melissa S. Montalvo, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on August 13, 2019.

Signed this 13th day of August 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy
 

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