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SPECIAL MEETING - September 18, 2020

BE IT REMEMBERED, that on this 18th day of September A.D., 2020, 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
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 18, 2020
1:45 P.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:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via video conference.  Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

             
1.   Roll Call (Audio Reference 01m:33s)

Judge Cortez called the meeting to order at 1:47 P.M.

All members of the court were present during the roll call.
             
2.   Pledge of Allegiance (Audio Reference 01m:57s)

Judge Cortez led in the reciting of the Pledge of Allegiance.
             
3.   Prayer (Audio Reference 02m:14s)

Judge Cortez offered the prayer.
             
4.   Open Forum (Audio Reference 03m:10s)

There were no Open Forum participants.

The court proceeded to item 7- Closed Session. (Audio Reference 03m:21s)
             
5.   County Judge's Office:
             
A.   AI-77400    Econonic Development:
1. Discussion, consideration and approval of the creation of Hidalgo County Stimulating Business and Economic Development through Participation Program (SBEDP) pursuant to Section 381.004 of the Texas Local Government Code. (Audio Reference 04m:51s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.A.1.
                                                        
 Vote: 5 - 0 – Unanimously

2. Approval of Service Agreement with Here Everybody Loves People to facilitate SBEDP Program on behalf of Hidalgo County. (Audio Reference 05m:30s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.A.2.

Vote: 5 - 0 – Unanimously

3. Authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor (Audio Reference 05m:55s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.3.
                                                                              
 Vote: 5 - 0 – Unanimously
             
6.   Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Interlocal Cooperation Agreement with the Municipalities (Audio Reference 06m:13s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.A.1.A

Vote: 5 - 0 – Unanimously

Legal Counselor, Josephine Ramirez, recommended that the court amend the motion taken on item 6.A.1.A to state and reflect the court's intent to allow all the municipalities to submit their budgets for the additional $18.00 that has been held in reserve pursuant to the existing inter-local agreement.

The court motioned to approve item 6.A.1.A with the amendment stated above by Legal Counselor, Josephine Ramirez.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.A.1.A amending the first motion to state and reflect the court's intent to allow all the municipalities to submit their budgets for the additional $18.00 that has been held in reserve pursuant to the existing inter-local agreement.

Vote: 5 - 0 - Unanimously

B. Measures necessary to preserve public health and safety (Audio Reference 07m:35s)

Valde Guerra stated that the county will continue to take all the necessary precautions to protect the constituents of Hidalgo County during the current COVID-19 virus pandemic. The court also addressed the potentially severe weather that the county may endure, and advised all constituents to be well informed of the available resources, as more information develops.

No action was taken on item 6.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 09m:34s)

Valde Guerra stated that the county will continue to abide by the CDC guidelines to ensure the safety of all Hidalgo County residents while conducting business at county facilities, as well as the county's employees during this COVID-19 virus pandemic. Valde Guerra also stated that he is currently in communication with the appropriate offices in regards to preparation for the potentially severe weather the that county may experience.

No action was taken on item 6.C.

Commissioner Cantu stepped away from the meeting.

The court proceeded to item 12 - Adjournment. (Audio Reference 10m:47s)
             
7.   Closed Session: (Audio Reference 03m:21s)
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:

The court proceeded into Closed Session at 1:49 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 5 - 0 – Unanimously
             
A.   Real Estate Acquisition

Reference item 9.A.
             
B.   Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.

Reference item 9.B.
             
C.   Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 9.C.
             
8.  
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

(Audio Reference 04m:45s)

Valde Guerra stated for the record that no action was to be taken on items 8.A & 8.B.

The court returned back to item 5.A. (Audio Reference 04m:51s)
             
9.   Open Session: (Audio Reference 04m:03s)

The court returned from Closed Session at 2:04 P.M.

The court proceeded to item 9.A. (Audio Reference 04m:10s)
             
A.   Real Estate Acquisition and appropriation for same (Audio Reference 04m:10s)

Valde Guerra stated that they will proceed as directed.

No action was taken on item 9.A.
             
B.   Pending and/or potential litigation (Audio Reference 04m:24s)

Valde Guerra stated that no action was to be taken on item 9.B.
             
C.   Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 04m:28s)

Reference item 6.B.

The court returned back to item 8.A. (Audio Reference 04m:45s)
             
10.   Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed to item 10 - Closed Session.
             
11.   Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed to item 11 - Open Session.
             
12.   Adjourn (Audio Reference 10m:47s)

Judge Cortez adjourned the meeting at 2:11 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court 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 18th day of September, 2020

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 September, 2020.

Signed this 18th day of September 2020




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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