ORDER NO. 31754 INTERLOCAL COOPERATION AGREEMENT WITH CENTER POINT ISD Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Interlocal Cooperation Agreement between Kerr County and Center Point ISD for Alleviation of Flooding Issues in Center Point, Texas. I.a 3»sy COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS', TO BE REVIEWED BY THE COURT. MADE BY: Rob Henneke Office: County Attomey I MEETING DATE: dune 14, 2010 TIME PREFERRED: SUBJECT: (Please 13e Specific) Consider, discuss, and take appropriate action to approve Interlocal Cooperation Agreement Between Kerr County and Center Point ISD for All viation of Flooding Issues in Center Point, Texas. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON iODDRESSING COURT: Rob Henneke j I ESTIMATED LENGTH OF PRESENTATION: I i 1 IF PERSONNEL MATTER - NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: � Meeting schedule for Mondays: 5:00 P.M. previous Tuesday I THIS REQUEST RECEIVED BY: I THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. Make sure any and all back up material is attached to this form. JUN -02 -2010 11:59 AM P.02 #31754 INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY AND CENTER POINT INDEPENDENT SCHOOL DISTRICT FOR ALLEVIATION OF FLOODING ISSUES IN CENTER POINT, TEXAS This Interlocal Cooperation Agreement ( "Agreement ") is made by and entered into between Kerr County, Texas ( "County ") and Center Point independent School District ( "CPISD "), WHEREAS, Kerr County is a duly organized political subdivision of the State of Texas. WHEREAS, Center Point Independent School District is a duly organized political subdivision of the State of Texas. WHEREAS„ County maintains and has ,jurisdiction over Kelly Street; Center Point, Texas 78010 ( "Road "), as a county maintained road; WHEREAS, CPISD is the fee simple owner of real property located in the north -east comer of Kelly Street and Highway 1350 ( "Property "). WHEREAS,; the Property and Road alongside said Property flood during periods of heavy rain causing damage to each. WHEREAS,' it is in the mutual best interest of both the County and CPISD to alleviate this flooding through construction of a. drainage ditch to draw the flood water in a north- eastern direction from Road, THEREFORE, in consideration of the mutual promises herein contained, the County and CPISD hereto agree as follows: 1. County and CPISD agree to cooperate and mutually provide resources to dig a drainage ditch to draw water from the Road in a north - eastern direction through the Property away from CPISD buildings located on said Property. An approximate diagram of the location and direction of the drainage ditch (not to scale) is attached and incorporated herein as Exhibit A, 2, CPISD grants County a license to enter upon Property for the purpose of digging the necessary drainage ditch. The Parties agree to have personnel on site during this construction with the authority to approve the exact location of the drainage ditch, 3. The Parties mutually agree to provide manpower and equipment as necessary to complete this drainage ditch. 4. CPTST) indemnifies and shall hold hannless County and its employees from any damage or liability arising from the construction of this drainage ditch. JUN -02 -2010 12:00 PM P.03 5. County indemnifies and shall hold harmless CPISD and its employees from any damage or liability arising from the construction of this drainage ditch. 6, The Parties agree that following completion of the drainage ditch, County has no further obligation regarding the maintenance or upkeep of this drainage ditch. The obligations of the Parties under this agreement terminate with the completion of the referenced drainage ditch. 7. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas. Exclusive venue for any action concerning this Agreement shall be in Kerr County, Texas. 8. This Agreement may he executed in multiple counterparts, each of which constitutes an original. EXECUTED on this 14th day of 2010. KERR COUNTY, TEXAS CENTE• 'ONT ISD c BY: .4mo► By: .► �� V Pat Tinley, Kerr County Judae ( 40'Y /� y ���c.- ,�,� t// w � < "'e�'i . J�etr!olE 41- 7 i � � __- --�----� - -'_'-_- - ----'_-__'_-_'__-___--_-�_'--'_-''--_----_-_--_---___--_--_-- ______s) > 0 CLt uN ik\—. -4 ■ e- -, -: _ _ ._ 6 . to c. ch