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