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Vista Ridge Retail-CS080609(12I9I2009) Ken Griffin - Re: Interlocal Agreement for Denton Tap at Highland Dr Signal From: Roy Osborne To: Ken Griffin; Mindi Hurley Date: 6/9/2008 4:38 PM Subject: Re: Interlocal Agreement for Denton Tap at Highland Dr Signal I believe I will. Thanks. »> Ken Griffin 6/9/2008 4:37 PM »> Sorry to get this started. I would disregard until I get back on Wednesday. has been confusing from day 1. Ken g -----Original Message----- From: Roy Osborne Cc. Clay Phillips <CPHILLIP~ci.co~pell.tx.us> To: DiWanna Baskins <DBASKINSC1ci.co~pell.tx.us> Cc. Gary Nix <GNIXC~ci.co~pell.tx.us> Cc: Jim Witt <JWITT~ci.co~pell.tx.us> To: Ken Griffin <KGRIFFINCalci.co~pell.tx.us> To: Mindi Hurley <MHURLEYCalci.co~pell.tx.us> To: Rhonda Adloo <RADLOOC~ci.co~pell.tx.us> Cc: Shawn Fullagar <SFULLAGCalci.co~pell.tx.us> To: Pete Smith <Psmith~lnjdhs.com> Sent: 6/9/2008 4:34:30 PM Subject: RE: Interlocal Agreement for Denton Tap at Highland Dr Signal This whole traffic light issue We don't enforce traffic law in their city and they don't enforce traffic law in ours. I'm probably missing something, but why would this be different? »> "Pete Smith" < Psmith(alnjdhs.com > 6/9/2008 4:27 PM »> Chief that needs to be conveyed to Lewisville if that is the case. Peter G. Smith Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution Page 1 (12I9I2009) Ken Griffin - Re: Interlocal Agreement for Denton Tap at Highland Dr Signal or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. -----Original Message----- From: Roy Osborne fmailto:rosborne~ci.co~pell.tx.us~ Sent: Monday, June 09, 2008 4:20 PM To: DiWanna Baskins; Ken Griffin; Mindi Hurley; Rhonda Adloo; Pete Smith Cc. Clay Phillips; Gary Nix; Jim Witt; Shawn Fullagar Subject: RE: Interlocal Agreement for Denton Tap at Highland Dr Signal We won't be providing enforcement at this intersection. We would need to have Lewisville Citations, etc.... Roy L Osborne Chief of Police Coppell Police Department »> "Pete Smith" < Psmith(alnjdhs.com > 6/9/2008 4:11 PM »> Ken and staff There are some provisions missing from the proposed agreement. There should be a provision that states that a party paying for performance of services under the agreement is paying from current revenue or other appropriate funds. There should be a term of one year with automatic renewal of terms of one year unless sooner terminated. There is no time period for the installation of the traffic signals, if that is important. Nor are there any requirements for submission of any plans with respect to any equipment to be located in the respective jurisdictions or location requirements for such equipment. Next which entity approves what plans as contemplated by section 6. The police enforcement of the intersection by Coppell is acceptable provided that any citations issued must be filed in the municipal court of Lewisville. Section 5 should have more details as to what Lewisville and expects Coppell to provide by way of law enforcement and emergency response. Please advise how you want us to handle this matter. Peter G. Smith Nichols, Jackson, Dillard Hager & Smith, LLP Page 2 1800 Lincoln Plaza (12I9I2009) Ken Griffin - Re: Interlocal Agreement for Denton Tap at Highland Dr Signal 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. From: Ken Griffin fmailto:kgriffin~ci.co~pell.tx.us~ Sent: Monday, June 09, 2008 3:21 PM To: DiWanna Baskins; Mindi Hurley; Rhonda Adloo; Pete Smith Cc: Roy Osborne Subject: Fwd: Interlocal Agreement for Denton Tap at Highland Dr Signal Attached is the proposed interlocal from Lewisville concerning the traffic light at Denton Tap and Highland. It generally tracks what we have discussed - we pay for the installation and Lewisville maintains forever. The only thing I'm unsure of is paragraph 5 which states that Coppell police will provide enforcement at the intersection. I know we have some agreements with Lewisville, but I'm unsure of our ability to write citations for something that happens at the intersection and it is in Lewisville. But...I'm not an attorney, so I'll leave that one to someone more qualified. Let me know if their are comments or changes so we can schedule for a future council meeting. ken g »> < KNims~cityoflewisville.com > 6/4/2008 3:42 PM »> Attached is a draft of the interlocal agreement for the traffic signal at Denton Tap and Highland Drive. Please look it over and give me any feedback Page 3 (12I9I2009) Ken Griffin - Re: Interlocal Agreement for Denton Tap at Highland Dr Signal you might have on if it might need to be amended. I've had our legal department look it over and they have given it the okay, although I need to get your executives info on it. (See attached file: INTERLOCAL - LEWISVILLE AND COPPELL -TRAFFIC SIGNALS - DENTON TAP AT HIGHLAND.doc) Please contact me once you've reviewed it. Thanks, Kevin Nims City of Lewisville Traffic Engineering 972-219-3703 knims~cityoflewisville.com Page 4 (121812009) Ken Griffin - RE: Interlocal Agreement for Denton Tap at Highland Dr Signal From: "Pete Smith" <Psmith@njdhs.com> To: "Roy Osborne" <rosborne@ci.coppell.tx.us>, "DiWanna Baskins" <DBASKINS@c... CC: "Clay Phillips" <CPHILLIP@ci.coppell.tx.us>, "Gary Nix" <GNIX@ci.coppell... Date: 6/9/2008 4:38 PM Subject: RE: Interlocal Agreement for Denton Tap at Highland Dr Signal Normally not. I don't know what deal was struck with Lewisville regarding that, if any. Peter G. Smith Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. -----Original Message----- From: Roy Osborne [mailto:rosborne@ci.coppell.tx.us] Sent: Monday, June 09, 2008 4:35 PM To: DiWanna Baskins; Ken Griffin; Mindi Hurley; Rhonda Adloo; Pete Smith Cc: Clay Phillips; Gary Nix; Jim Witt; Shawn Fullagar Subject: RE: Interlocal Agreement for Denton Tap at Highland Dr Signal We don't enforce traffic law in their city and they don't enforce traffic law in ours. I'm probably missing something, but why would this be different? »> "Pete Smith" <Psmith@njdhs.com> 6/9/2008 4:27 PM »> Chief that needs to be conveyed to Lewisville if that is the case. Peter G. Smith Nichols, Jackson, Dillard Page 1 Hager & Smith, LLP (121812009) Ken Griffin - RE: Interlocal Agreement for Denton Tap at Highland Dr Signal 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. -----Original Message----- From: Roy Osborne [mailto:rosborne@ci.coppell.tx.us] Sent: Monday, June 09, 2008 4:20 PM To: DiWanna Baskins; Ken Griffin; Mindi Hurley; Rhonda Adloo; Pete Smith Cc: Clay Phillips; Gary Nix; Jim Witt; Shawn Fullagar Subject: RE: Interlocal Agreement for Denton Tap at Highland Dr Signal We won't be providing enforcement at this intersection. We would need to have Lewisville Citations, etc.... Roy L Osborne Chief of Police Coppell Police Department »> "Pete Smith" <Psmith@njdhs.com> 6/9/2008 4:11 PM »> Ken and staff There are some provisions missing from the proposed agreement. There should be a provision that states that a party paying for performance of services under the agreement is paying from current revenue or other appropriate funds. There should be a term of one year with automatic renewal of terms of one year unless sooner terminated. There is no time period for the installation of the traffic signals, if that is important. Nor are there any requirements for submission of any plans with respect to any equipment to be located in the respective jurisdictions or location requirements for such equipment. Next which entity approves what plans as contemplated by section 6. The police enforcement of the intersection by Coppell is acceptable provided that any citations issued must be filed in the municipal court of Lewisville. Section 5 should have more details as to what Lewisville and expects Coppell to provide byway of law enforcement and emergency response. Page 2 (12I8I2009) Ken Griffin - RE: Interlocal Agreement for Denton Tap at Highland Dr Signal Please advise how you want us to handle this matter. Peter G. Smith Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. From: Ken Griffin [mailto:kgriffin@ci.coppell.tx.us] Sent: Monday, June 09, 2008 3:21 PM To: DiWanna Baskins; Mindi Hurley; Rhonda Adloo; Pete Smith Cc: Roy Osborne Subject: Fwd: Interlocal Agreement for Denton Tap at Highland Dr Signal Attached is the proposed Interlocal from Lewisville concerning the traffic light at Denton Tap and Highland. It generally tracks what we have discussed - we pay for the installation and Lewisville maintains forever. The only thing I'm unsure of is paragraph 5 which states that Coppell police will provide enforcement at the intersection. I know we have some agreements with Lewisville, but I'm unsure of curability to write citations for something that happens at the intersection and it is in Lewisville. But...l'm not an attorney, so I'll leave that one to someone more qualified. Page 3 (12I8I2009) Ken Griffin - RE: Interlocal Agreement for Denton Tap at Highland Dr Signal Let me know if theirare comments or changes so we can schedule for a future council meeting. ken g »> <KNims@cityoflewisville.com> 6/4/2008 3:42 PM »> Attached is a draft of the interlocal agreement for the traffic signal at Denton Tap and Highland Drive. Please look it over and give me any feedback you might have on if it might need to be amended. I've had our legal department look it over and they have given it the okay, although I need to get your executives info on it. (See attached file: INTERLOCAL - LEWISVILLE AND COPPELL -TRAFFIC SIGNALS - DENTON TAP AT HIGHLAND.doc) Please contact me once you've reviewed it. Thanks, Kevin Nims City of Lewisville Traffic Engineering 972-219-3703 knims@cityoflewisville.com Page 4 Page 1 of 1 Ken Griffin -Fwd: Interlocal Agreement for Denton Tap at Highland Dr Signal From: Ken Griffin To: DiWanna B askins; Mindi Hurley; Pete Smith; Rhonda Adloo Date: 6/912008 3:21 PM Subject: Fwd: Interlocal Agreement for Denton Tap at Highland Dr Signal CC: Roy Osborne Attachments: INTERLOCAL - LEWISVILLE AND COPPELL -TRAFFIC SIGNALS - DENTON TAP AT HIGHLAND.doc Attached is the proposed Interlocal from Lewisville concerning the traffic light at Denton Tap and Highland. It generally tracks what we have discussed - we pay for the installation and Lewisville maintains forever. The only thing I'm unsure of is paragraph 5 which states that Coppell police will provide enforcement at the intersection. I know we have some agreements with Lewisville, but I'm unsure of our ability to write citations for something that happens at the intersection and it is in Lewisville. But...I'm not an attorney, so I'll leave that one to someone more qualified. Let me know if their are comments or changes so we can schedule for a future council meeting. ken g »> <KNims@cityoflewisville.com> 6/4/2008 3:42 PM »> Attached is a draft of the Interlocal agreement for the traffic signal at Denton Tap and Highland Drive. Please look it over and give me any feedback you might have on if it might need to be amended. I've had our legal department look it over and they have given it the okay, although I need to get your executives info on it. (See attached file: INTERLOCAL - LEWISVILLE AND COPPELL -TRAFFIC SIGNALS - DENTON TAP AT HIGHLAND.doc) Please contact me once you've reviewed it. Thanks, Kevin Nims City of Lewisville Traffic Engineering 972-219-3703 knims@cityoflewisville. com file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise1484D4A68City_... 12/8/2009 DRAFT INTERLOCAL AGREEMENT BETWEEN THE CITY OF LEWISVILLE AND THE CITY OF COPPELL FOR INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF DENTON TAP ROAD AND HIGHLAND DRIVE This Interlocal Agreement ("Agreement') is entered into by and between the City of Lewisville (hereinafter "Lewisville") located in Denton County, Texas, and the City of Coppell (hereinafter "Coppell") located in Dallas County, Texas, and both entities hereinafter referred to collectively as "Cities" or "Parties." The Parties execute this Agreement as hereinafter provided, pursuant to the Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act: WHEREAS, the Cities recognize the need and warrant for the installation of traffic control signals at the intersection of Denton Tap Road and Highland Drive; and WHEREAS, the construction and maintenance of the traffic control signals shall require installation of equipment and materials spanning the boundary between the Cities; and WHEREAS, a combined effort by the Parties would be more cost and time effective, and eliminate confusion; and WHEREAS, Texas Government Code Chapter 791 authorizes local governments to enter into contracts with other local governments to perform governmental functions and services in accordance with the statute cited herein and the terms of the contract entered into; and WHEREAS, each Party is authorized to perform the services contemplated herein as a governmental function; NOW, THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the Parties do hereby agree as follows: 1. The Parties execute this Agreement for the purpose of installation and maintenance of traffic control signals at the intersection of Denton Tap Road and Highland Drive; and to establish responsibility for the continued maintenance, police enforcement, and emergency response for this intersection. 2. Each Party shall allow the installation of the traffic control equipment and materials within their prospective limits and right-of--way as required to construct fully operational traffic control signals at the above stated intersection. Equipment and materials include but are not limited to such items as signal poles; mast arms with traffic signal indications; pull-boxes; a traffic controller cabinet and foundation; as well as any pavement markings or signs required to meet any regulatory and standard engineering practice requirements for traffic control devices. 3. Any and all remuneration for the design and construction of the traffic control signals shall be the responsibility of the City of Coppell. 4. Maintenance of the traffic control signals, including standard scheduled maintenance; necessary equipment replacement or upgrade; or emergency and unscheduled equipment failure repair, shall be provided by the City of Lewisville without cost to the City of Coppell, following the completion of the warranty period. 5. Police enforcement and emergency response at the above stated intersection shall be the responsibility of the City of Coppell. 6. Construction can begin upon approval of the final design plans and the acceptance of this agreement by both Parties. 7. Supervision and inspection of the traffic control signals construction shall be performed by and the responsibility of the City of Lewisville. Any substantive change or change order required during construction of the traffic control signals must be approved in writing by both Parties prior to implementation. 8. The governing body of any Party, in its sole discretion, may at any time withdraw its personnel, equipment, facilities, or discontinue participation in any activity initiated pursuant to this Agreement upon providing not less than thirty (30) days written notice of withdrawal to the other participating Party. Additionally, this Agreement may be terminated at any time by mutual written agreement of the Parties. 9. The Parties hereby waive all claims, and release, indemnify and/or reimburse, defend and hold harmless the other City, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including all expenses of litigation or settlement, including but not limited to court costs and attorneys fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of the Agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any Party, its officials, agents, officers and employees. It is the express intention of the Parties hereto that the indemnity provided for in this paragraph is indemnity by each City to indemnify and protect the other City from the consequences of a Party's own negligence, whether that negligence is a sole or a contributing cause of the damage, injury, or death. 10. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 11. The Parties agree that if legal action is brought under this Agreement, exclusive venue shall lie in the Courts of Denton County, Texas, and its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. 12. In case any one or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other terms, sentences, paragraphs or provisions thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained here. 13. This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendment or modification must be in writing, signed by an authorized agent for the signing Party and attached to and incorporated into this Agreement. 14. This Agreement may be signed in multiple counterparts and shall be binding on and inure to the benefit of each Party when duly authorized by the governing body of each Party and signed by such Party's duly authorized representative. 15. This Agreement contains all commitments, agreements, warranties and representations of the Parties. Any oral or written commitments, agreements, warranties or representations not contained herein shall have no force or effect to alter any term or condition of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by each Party. This Agreement shall be effective from the last date signed and marked on this Agreement by a participating Party. APPROVED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS: BY: DATE: Claude King, CITY MANAGER ATTEST: Julie Heinze, CITY SECRETARY APPROVED AS TO FORM: Ronald J. Neiman, CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: BY: Douglas N. Stover, MAYOR ATTEST: .\'.\'.\'.\'.\'.\', CMC, CITY SECRETARY APPROVED AS TO FORM: DATE: llllll, CITY ATTORNEY