Vista Ridge Retail-CS080624Page 1 of 2
Ken Griffin - RE: coppell_lewisville_traffic_light_highland.doc
From: "Pete Smith" <Psmith@njdhs.com>
To: "Ken Griffin" <kgriffin@ci.coppell.tx.us>
Date: 6/24/200810:29 AM
Subject: RE: coppell_lewisville_traffic_light_highland.doc
CC: "Tammie Carswell" <tarswell@njdhs.com>, "Robert Hager" <Rhager(c~njdhs.com>
Attachments: red line coppell_lewisville_traffic_light highland.doc
Ken attached is red line with some suggested changes. What about time for construction and
comp etion?
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: Tuesday, June 24, 2008 9:01 AM
To: Pete Smith
Subject: coppell_lewisville_traffic_light_highland.doc
Pete
file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise14860CC9ECity_... 12/9/2009
Page 2 of 2
I not sure if you received this when I sent it last week.
ken g
I have attempted to redraft the interlocal using a format that I'm more familiar with. The sole purpose
of this agreement should be to cause the construction of a traffic light at Coppell's cost and the
perpetual maintenance of the traffic light at Lewisville's cost. All references to Police enforcement
have been removed.
Please provide comments so I can forward to Lewisville so they can begin their rewrite of the
agreement and return it to me so I can rewrite it and return it to them so they can rewrite it and on and
on it goes.
Thanks
ken g
file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise14860CC9ECity_... 12/9/2009
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") for the Design and Installation of a Traffic
Signal at the intersection of Denton Tap Road and Highland Drive (the "Project") is made and
entered into by and between the City of Coppell, Texas, a municipal corporation located in
Dallas County, Texas ("Coppell"), and the City of Lewisville, Texas, a municipal corporation
located in Denton County, Texas ("Lewisville"). (Lewisville and Coppell shall hereafter be
collectively referred to as "the Cities").
WHEREAS, the Cities mutually desire to enter into an interlocal agreement to provide
for the installation of a traffic signal at the intersection of Denton Tap Road and Highland Drive
which lies partially within each City and
WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, aS amended (the "ACt"~, prOVldeS
authorization for municipalities to contract with one another for the performance of
governmental functions and services under the terms of the Act; and
WHEREAS, Coppell shall provide funding for the entire Project .from current revenue.
or other lawfully available funds; and
WHEREAS, it is mutually understood that the sole purpose of this Agreement is to
provide for the installation and future maintenance of a traffic signal that is partially located
within each City, and
WHEREAS, it is mutually advantageous to both parties to enter into this Agreement;
NOW, THEREFORE, for and inconsideration of the mutual covenants, terms and
conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of
which are hereby acknowledged, the Cities hereby contract, covenant, warrant and agree as
follows:
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are true and correct and are
hereby incorporated into the body of the Agreement as though fully set forth in their entirety
herein.
II
OBLIGATIONS OF THE PARTIES
2.01 The Cities have independently reviewed the plans for the Project and concur that
the Project is needed for safe traffic movement at the intersection.
Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive
Page 1
2.02 The Cities agree that Coppell shall cause the construction of the Project solely at
CoppelPs cost.
2.03 The Cities agree that each respective city shall review and approve all
construction plans and specifications for the Project.
2.04 The Cities agree that each respective city will be responsible for pursuing the
relocation of public utilities within their city necessary for the construction of the Project.
2.05 The Cities agree that Lewisville will provide construction inspection for the
Project, both in Coppell and Lewisville.
2.06 The Cities agree that Lewisville will provide ongoing maintenance for the
Project, including the portion within Coppell. Such maintenance shall include but not be limited
to: standard scheduled maintenance; necessary equipment replacement or upgrade; or emergency
and unscheduled equipment failure repair.
2.07 The term of this Agreement shall be for a period of one .. e~g~lg on the last , - Ue~eted: Tne c~s~ a~ee that cne term
date of execution hereof and shall thereafter renew for successive terms of one year each, ~ ~ oft>us agreement shall be pe~etual.
Formatted: Indent: Left: 0", First
HI line: 0.5", Tabs: Not at 1"
INDEMNIFICATION AND HOLD HARMLESS
3.01 LEWISVILLE AGREES TOs THE EXTENT ALLOWED BY LAW TOINDEMNIFY
AND HOLD COPPELL HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN
LEWISVILLE.
3.02 COPPELL AGREES TO= THE EXTENT ALLOWED BY LAW, TO INDEMNIFY
AND HOLD LEWISVILLE HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES
ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT
LYING IN COPPELL.
3.03 HOWEVER THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED HEREIN
SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX.
CIV. PROC. R REM. CODES SECTION 101.001 ET SEQ. ~ OR OTHERWISE.
IV
NOTICES
Any notice required to be given under this Agreement shall be deemed to have been
adequately given if deposited in the United States mail in an envelope with sufficient postage
and properly addressed to the other party as follows:
If to Lewisville:
If to Coppell:
City of Lewisville City of Coppell
Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive
Page 2
P.O. Box
Lewisville, Texas
Attention: City Manager
P. O. Box 9478
Coppell, Texas 75019
Attention: City Manager
A change of address may be made by either party upon the giving of ten (10) days prior
written notice.
V
MISCELLANEOUS PROVISIONS
5.01 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
5.02 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the subject matter hereof.
5.03 This Agreement may be amended or modified only by the mutual agreement of
the Cities. Such amendment or modification must be in writing, signed by an authorized agent
for the signing City and attached to and incorporated into this Agreement.
5.04 All payments made hereunder shall be payable from funds currently available to
the respective Cities.
5.05 This Agreement may be executed concurrently in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
5.06 If, in case anyone or more of the 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 provision hereof and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
5.07 The Cities 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 Cities hereunder, shall be governed by the laws of the State of Texas.
5.08 Each party hereto warrants that it has received authority from its governing body
to enter into this Agreement.
t - - - Formatted: Left, Indent: First line:
0.5"
Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive
Page 3
EXECUTED this day of , 2008.
CITY OF LEWISVILLE, TEXAS
By:
Claude King, CITY MANAGER
ATTEST:
By:
Julie Heinze, CITY SECRETARY
APPROVED AS TO FORM:
By:
Ronald J. Neiman, CITY ATTORNEY
Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive
Page 4
EXECUTED this day of , 2008.
CITY OF COPPELL, TEXAS
By:
Douglas N. Stover, MAYOR
ATTEST:
By:
Libby Ball, CITY SECRETARY
APPROVED AS TO FORM:
By:
Robert E. Hager, CITY ATTORNEY
Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive
Page 5