ILA: City of Lewisville (Street Light Operation and Maintenance) STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
§ FOR STREET LIGHT
COUNTY OF DALLAS § OPERATION AND MAINTENANCE
§
THIS AGREEMENT (hereinafter `Agreement') entered into on this jrtday of
, 2022 made by and between City of Coppell, Texas (hereinafter referred to as
" PPELL")and City of Lewisville, Texas (hereinafter referred to as "LEWISVILLE")allowing
the allocation of responsibilities between the parties for installation, operation, and maintenance
of the street lights identified herein.
RECITALS
WHEREAS,Chapter 791 of the Texas Government Code,provides that any public agency
of this state, including units of local government, may enter into agreements for the performance
of any power, privilege or authority that any party to the agreement, its assigned personnel or
agents, have authority to perform; and
WHEREAS,the southbound lanes of Denton Tap Road from approximately 400 feet north
of Fallkirk Drive to Highland Drive are within the City Limits of COPPELL, and the northbound
lanes of Denton Tap from Highland Drive north are in the City Limits of Lewisville; and
WHEREAS, COPPELL AND LEWISVILLE desire to create an interlocal agreement to
address the installation,operation,and maintenance of street lighting equipment at Highland Drive
and N.Denton Tap between Coppell and Lewisville,which is depicted on Exhibit'A' (herein after
`Improvements').
AGREEMENT
NOW THEREFORE, in consideration for the mutual covenants contained herein the
receipt and sufficiency of which are hereby acknowledged, COPPELL AND LEWISVILLE agree
as follows:
1. RECITALS. The recitals set forth above are true and correct and are incorporated herein
by this reference.
2. PURPOSE. The purpose of this Agreement is to determine and allocate between the
parties, responsibilities for installation and maintenance of the street improvements between
COPPELL and LEWISVILLE.
3. EFFECTIVENESS &DURATION:
3.1 This Agreement shall begin and be effective on July 1, 2022. For this Agreement
to be effective, it must be approved at a public meeting and properly executed by the COPPELL
and LEWISVILLE City Councils.
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3.2 The term of this Agreement shall commence upon the effective date of the
Agreement, and shall continue for a term of five (5) years (the "Initial Term"). The Agreement
shall automatically renew for additional five (5)-year terms ("Renewal Terms") under the terms
and conditions outlined herein unless amended by mutual written agreement or terminated as
provided for herein.
4. INSTALLATION AND MAINTENANCE.
4.1 For the term of this Agreement, COPPELL agrees to become the operations and
maintenance authority under this Agreement. Installation, operation, and maintenance of street
lighting is normally the responsibility of the City in which the street is located. In this case, the
street and responsibility are shared between COPPELL and LEWISVILLE. It is mutually agreed
that streetlights are to be installed, operated, and maintained in accordance with federal and state
guidelines, if any.
4.2 COPPELL shall install and be responsible for the maintenance and continuous
operation of the Improvements.
4.3 LEWISVILLE shall be responsible for the payment of one-half of the purchase and
installation cost of the traffic lights incurred in connection with operation of such Improvements,
in the amount of Forty-Seven Thousand, Seven Hundred Forty-Three dollars and Twenty Cents
($47,743.20). Such payment shall be made upon completion of installation of the Improvements
by COPPELL.
4.4 COPPELL shall maintain and operate the Improvements in a manner that will
ensure safe and efficient movement of roadway traffic that is consistent with maintenance practices
and operational requirements customary attributable to such improvements.
4.5 COPPELL'S maintenance responsibilities shall include, but not be limited to,
preventative maintenance (periodic inspection, service and routine repairs) and emergency
maintenance (trouble shooting in the event of equipment malfunction, failure, or damage) of the
Improvements.
4.6 COPPELL shall be responsible for basic maintenance functions for the
Improvements such as the tightening of nuts and replacing missing or deficient bolts(not including
anchor bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or
deficient access hole cover plates; all wiring issues; including improper grounding; graffiti
removal;all signal related issues (lighting, signs and connections).
4.7. COPPELL may remove any component of the Improvements for repair; however,
it shall not make any permanent modifications and/or equipment replacements to the
Improvements unless the equipment provided is capable of performing at a minimum the same
functions.Upgrades or modifications to the Improvements may be administratively approved with
acceptance by both parties.
4.8 LEWISVILLE authorizes COPPELL's employees and contractors to enter onto
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LEWISVILLE's property (including easements under LEWISVILLE's control) upon which the
Improvements are located in order to carry out installation, maintenance, and operation duties on
the Improvements as outlined herein.
5. TERMINATION.
This Agreement may be terminated by mutual consent of the parties; or by any party, at any time,
as to that party,upon notice in writing delivered by certified mail or personal service.Termination
shall require at least sixty(60) days'notice and be effective at the end of the 60-day period unless
otherwise agreed to by both parties in writing. Such termination shall be without prejudice to any
obligations or liabilities of the parties accrued prior to such termination.
Upon termination of this Agreement, COPPELL shall remove the Improvements from
LEWISVILLE's property (including easements under LEWISVILLE's control) within sixty (60)
days. Should COPPELL fail to remove the Improvements by this date, LEWISVILLE has the
right, but not the obligation, to remove said Improvements and may issue an invoice to
LEWISVILLE for the cost of the work.
Should COPPELL terminate this agreement during the Initial Term, COPPELL shall repay
LEWISVILLE a prorated amount of compensation to be calculated using the termination date.
6. NOTICE.
Each party shall furnish such notice, as may be required from time to time, pursuant to this
Agreement,in writing,posted in the U.S.Mail or by hand delivery,or by overnight delivery service
and addressed as follows;
City of Coppell, Texas
City Manager
255 E.Parkway Blvd.
Coppell, Texas 75019
City of Lewisville, Texas
City Manager
151 West Church Street
Lewisville, Texas 75057
7. APPLICABLE LAW AND VENUE.
This Agreement has been constructed in accordance with the laws of the State of Texas. Should a
dispute arise from this Agreement, the parties agree to litigate the matter in the appropriate court
having jurisdiction in and for Denton County, Texas.
8. IMMUNITY.
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The parties to this contract agree that each party,each through its officials, employees,and agents,
shall each be responsible for its own negligent acts or omissions or other tortious conduct in the
course of the event permitted under this Agreement, without waiving any sovereign or
governmental immunity available to any party under Texas law and without waiving any available
defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any
rights,contractual or otherwise, in or to any third persons or entities.
9. PREPARATION.
The preparation of this Agreement has been a joint effort of the parties hereto and the resulting
document shall not, solely as a matter of judicial construction,be construed more severely against
one of the parties than the others.
10. SEVERABILITY.
It is declared to be the intent of the parties to this Agreement that,if any section,subsection,clause,
paragraph,sentence,phrase,or provision of this Agreement is for any reason held unconstitutional,
invalid, illegal or unenforceable in any respect, the invalidity thereof shall not affect the validity
of the remaining portions.
11. MERGER/AMENDMENT
This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. Except as otherwise provided for herein, no modification of this Agreement shall be
effective unless and until it is made in writing and signed by all parties.
12. COUNTERPARTS
This Agreement may be executed in counterparts, and each fully executed counterpart shall be
deemed an original instrument.
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23 aEXECUTED this day ofAQtr+ , 2022.
CITY OF COPPELL,TEXAS
By: Cil/.�
clAitaLV
WES YS, MAYOR
ATTEST:
By: Al. -- - A- . - A
ASHLEY OWE CITY SE RETARY
Approv• : o form:
R.:ert E. Hager, ity Attorney
ACCEPTANCE ACKNOWLEDGED BY:
CITY OF LEWISVILLE,TEXAS:
By:
CLAIRE POWELL, CITY MANAGER
ATTEST:
By:
JULIE WORSTER, CITY SECRETARY
Approved as to form:
, City Attorney
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of ,2022,
by Claire Powell, City Manager of the City of Lewisville, Texas, a Texas municipality, on behalf
of said municipality.
Notary Public, State of Texas
My Commission expires:
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
3y4
This instrument was acknowledged before me on the 2 day of 463UA
2022, by Wes Mays, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
sP`Pa`''. ASHLEY M. OWENS A
it°°,: :`;%Notary Public,State of Texas A
P= Comm. Expires 02-24-2023 Notary Pub ' State of Texas
,,,,,o Notary ID 130128128
My Commission expires: 2.'2.q 1 24�3
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