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Number 07Resolution No. 98 -1428 STATE OF TEXAS § May 13,1998 COUNTY OF DALLAS § _1__ _ WHEREAS, the City of Dallas, Texas, a Texas municipal corporation (hereinafter called "Dallas "), and the City of Coppell, Texas, a Texas municipal corporation (hereinafter called "Coppell ") have determined that the traffic signal at the intersection of Moore Road and Belt Line 'Goad is necessary and in the public interest; and WHEREAS, the 1aM& 660 Cooperation Act, Article 4413 (32c) Vernon's Annotated Civil Statutes provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; Now, Therefore, this Agreement is hereby made and entered into by and between Dallas and Coppell, for the mutual consideration stated herein: WITNESSETH I. Dallas agrees to allow the City of Coppell to operate, maintain and pay the cost of electricity and 50% of the upgrade costs for the traffic signal at the intersection of Moore Road and Belt Line Road. Ell Coppell agrees to operate, maintain and pay the cost of electricity and 50% of upgrade costs for the traffic signal at the intersection of Moore Road and Belt Line Road. III. In the event either Dallas or Coppell no longer desire to operate under the terms and conditions of this Agreement, the city in question shall notify the other city in writing at least thirty (30) days in advance of the termination of this Agreement and the change to original status of the signal before this Agreement was executed. CItV of Coppell - Interlocal Agreement 1 IV. Coppell and Dallas each agree to be responsible for their own negligent acts or omissions and the negligent acts or omissions of their own officers, agents and employees in the course of performance of this Agreement. Nothing in this Agreement shall be construed as waiving the governmental immunity of either Dallas or Coppell, or to create or grant any rights or causes of action, contractual or otherwise, in any third person or entity, as this Agreement is for the sole benefit of Dallas and Coppell. EXECUTED this the 13th day of May, 1998, by Dallas, signing by and through its City Manager, duly authorized to execute same by Resolution No. 98 -1428, adopted by the City Council on May 13, 1998, and by Coppell, acting through its duly authorized officials. ATTEST: City Secretary APPROVED AS TO FORM: SAM A. LINDSAY, City Attorney m Assistant City City of Coppell - lrderlo al Agreement Attorney Submitted t6 Cizy Alto 2 CITY OF COPPELL BY City Manager CITY OF DALLAS JOHN L. WARE, City Manager M Assistant City Manager t_ COUNCIL CHAMBER 981428 WHEREAS, the intersection of Moore Road and Belt Line Road lies within the city limits r. of Dallas on the border of the City of Coppell; and, WHEREAS, the cities of Dallas and Coppell desire to enter into an ltebd at Agreement to allow the City of Coppell to operate, maintain, and pay electricity costs and 50 percent of future signal upgrades at the intersection of Moore Road and Belt Line Road; and, WHEREAS, it is in the best interest of the driving public that the City of Coppell maintain sole control of this traffic signal to coordinate it with other signals along Moore Road and Belt Line Road; and, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into an I t rlai aI Agreement with the City of Coppell to allow Coppell to operate, maintain, and pay electricity costs and 50 percent of future signal upgrade costs for the traffic signal at the intersection of Moore Road and Belt Line Road. Section 2. That the City Manager is hereby authorized to execute the agreement after it has been approved as to form by the City Attorney. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Public Works and Transportation, Sandra Williams, OCMC, Room 101 Public Works and Transportation, Hazel Baker, L1BN, City Hall City Attorney City Controller Budget and Management Services APPROVED BY CITY COUNCIL MAY 13 1998 Artinn rity CorrotarV APPROVED y, I ,� APPROVED AP /ROVED r HEAD OF 09PARTNENT C OLLER _ CITY MANAGER Ie-s C. 9 8142 8 Beltline Road at Moore Road v i CITY OF DAL.AS