R-12-11-08-F2 - 11/8/2012 RESOLUTION NO. R-12-11-08-F2
WHEREAS, the Certified Local Government Program is a partnership between the Texas
Historical Commission and the National Park Service designed to foster historic preservation in local
communities; and
WHEREAS, the City of Round Rock ("City") has been a Certified Local Government since
1989 and has received several grants through this program; and
WHEREAS, in 2011 the Texas Certified Local Government Program adopted revised state
rules for the program; and
WHEREAS, the City Council desires to enter into a new Certification Agreement with the
Texas Historical Commission,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Certification Agreement with the Texas Historical Commission For Participation in the Certified Local
Government Program, a copy of same being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 8th day of November, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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TEXAS HISTORICAL COMMISSION EXHIBIT
real places telling real stories „A„
CERTIFICATION AGREEMENT
BETWEEN THE TEXAS HISTORICAL COMMISSION
AND THE CITY OF ROUND ROCK FOR PARTICIPATION IN THE
CERTIFIED LOCAL GOVERNMENT PROGRAM
The City of Round Rock, in consideration of having been granted Certified Local Government status,agrees to
carry out the following responsibilities as a Certified Local Government, in cooperation with the National Park
Service and the Texas Historical Commission.
It will:
1. enforce the local historic preservation ordinance for the designation and protection of local historic
properties;
2. establish and maintain by the local preservation ordinance a qualified review commission, board or
committee for historic preservation having specific powers, such as review responsibility pertaining
to proposed National Register nominations as well as actions that will affect local historic properties;
3. designate a city official, staff person or other appropriate resident of the municipal entity to serve as
a local Historic Preservation Officer for the purpose of administering the local preservation
ordinance;
4. provide appropriate training for historic preservation officer, related city staff and members of the
historic preservation commission;
5. maintain a system for the survey and inventory of local historic properties that is coordinated with
the statewide cultural-resource-survey-process, with technical assistance provided by the National
Register Program office of the Texas Historical Commission's History Programs Division;
6. ensure,to the maximum extent possible, public participation in the local historic preservation
program, including the process of nominating properties to the National Register of Historic Places;
7. adopt the Secretary of the Interior's Standards for Rehabilitation as the standards by which the local
review commission will review all work applications brought before it under the terms of the local
historic preservation ordinance;
8. review and comment upon nominations to the National Register of Historic Places for
properties within its jurisdiction within 60 days of receiving the nominations from the
National Register Program office of the Texas Historical Commission, and submit the
city commission's reports and the recommendations of the chief elected official of the
city to the National Register Program office as to whether or not the nominated
properties meet the criteria of the National Register;
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9. assist the National Register Program office of the Texas Historical Commission, if necessary, in
verifying the names and addresses of property owners within local historic districts being nominated
to the National Register, and assist with arrangements for local public information meetings at
mutually agreeable times and locations when such districts are nominated;
10. submit to the State Historic Preservation Officer by the end of each calendar year an annual report
that describes the actions of the local review commission, board or committee and other
preservation-related activities of the previous fiscal year(October 1"through September 30`h);
11. monitor and report to the Texas Historical Commission any actions affecting any county courthouse,
Recorded Texas Historic Landmark, State Archeological Landmark,National Register property, and
any locally designated landmark;
12. coordinate local historic preservation efforts, to the extent practicable,with the Texas Historical
Commission, which shall provide technical assistance, guidance, and information to the Certified
Local Government as feasible upon request;
13. carry out the general program procedures as outlined in the Texas Administrative Code,Title 13
Cultural Resources, Part 2 Texas Historical Commission, Chapter 15 Administration of Federal
Programs, Rule 15.6 Rules and Procedures for Certified Local Governments; and
14. assist the Texas Historical Commission in any duties and powers assigned to the State Historic
Preservation Office by the National Historic Preservation Act of 1966 as amended,and other federal
enabling legislation.
Signature: Mayor(or chief elected official) Date
City of Round Rock
Printed Name
Mark Wolfe, State Historic Preservation Officer Date
RICK PERRY, GOVERNOR•MATTHEW F. KREISLE,III,CHAIRMAN 9 MARK WOLFE, EXECUTIVE DIRECTOR
P.O. BOX 12276 9 AUSTIN, TEXAS x'7871.1-2276 9 P 512.463.6100 o F 512.475.4872•TDO 1.800.735,2989•www.thc,state.tX.uS
Texas Administrative Code
Title 13 Cultural Resources
Part 2 Texas Historical Commission
Chapter 15 Administration of Federal Programs
15.6 Rules and procedures for Certified Local Governments
(a) Purpose. The Certified Local Government program (hereinafter referred to as the Program) is
part of the Historic Preservation Fund (HPF) grants-in-aid program authorized by the National
Historic Preservation Act of 1966, (16 U.S.C. 470 et.seq.) (also referred to as the Act), to
provide a statutory framework for national historic preservation partnerships among federal,
state, tribal, and local governments in the identification, evaluation, designation, and
protection of historic and prehistoric properties. The Texas State Historic Preservation Office
(Texas SHPO), within the Texas Historical Commission (THC), coordinates the state's
preservation .responsibilities as set out in the Act. Local participation in this Program is
provided to local governments that are certified by the Secretary of the United States
Department of the Interior and administered by the National Park Service (NPS) through the
Program.
(1) Section 101(c)(1) of the Act directs the Texas State Historic Preservation Officer
(SHPO) and the Secretary of the Department of the Interior through the NPS to
participate in the partnership and Title 36, Code of the Federal Regulations, Part 61.6
lists requirements that the SHPO and local governments are to meet.
(2) These requirements are also found in the Historic Preservation Fund (HPF) grants
manual, as published and amended by the NPS.
(b) City participation. City governments may participate in the Program through compliance with
the Texas Local Government Code, Chapter 211, which empowers municipal governments to
adopt zoning regulation for the purpose of promoting the public health, safety, morals, or
general welfare and protecting and preserving places and areas of historical, cultural, or
architectural importance and significance. Chapter 214.00111 of the Code also provides
additional authority specifically to participating local governments for the purpose of
preserving substandard buildings that are historic properties.
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(c) County participation. Counties may participate in the Program through compliance with the
Texas Local Government Code, Chapter 318, which empowers the Commissioners Court of
each county to appoint a County Historical Commission, for the purpose of initiating and
conducting programs suggested by the Court and the THC for the preservation of the county's
historic cultural resources that are consistent with the statewide preservation plan.
(d) Indian Tribe participation. Indian tribes that effectively meet the definition of a local
government in Section 301(3) of the Act may participate in the Program in accordance with
Section 101(d)(1)(A) of the Act to establish a program and promulgate regulations to assist
Indian tribes in preserving their historic properties.
(e) Eligibility for certification of Local Governments. Any city, county, township, municipality,
Indian tribe, or any other general-purpose political subdivision of Texas may apply to become
a CLG by submitting a Request for Certification to the Texas SHPO. To be considered
eligible, the local government must meet the minimum Program requirements pursuant to Title
36, Code of the Federal Regulations, Part 61, and outlined in the HPF grants manual. The
Texas SHPO may expand or prescribe additional state requirements and responsibilities. The
following are the minimum federal requirements local governments must satisfy for
certification:
(1) Enforces appropriate State or local legislation for the designation and protection of
historic properties;
(2) Has established an adequate and qualified historic preservation review commission by
State or local legislation;
(3) Maintains a system for the survey and inventory of historic properties;
(4) Provides for adequate public participation in the local historic preservation program,
including the process of recommending properties for nomination to the National
Register; and
(5) Satisfactorily performs the responsibilities delegated to it under the Act.
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(f) Certification process of Certified Local Governments All eligible local governments must
submit a completed Request for Certification and Certification Agreement, signed by the chief
elected official of the applying local government, along with all necessary requested materials,
to the THC. A Request for Certification may be submitted at any time throughout the year.
Texas SHPO shall have a reasonable opportunity to review and respond to the request. If the
local government meets the minimum requirements for participation in the Program, the
Texas SHPO shall forward the Request for Certification and Certification Agreement to the
NPS with a recommendation for certification. The NPS shall make the final certification
decision. The local government shall become a Certified Local Government (CLG) upon
receipt of written notice from the NPS, completing the certification process.
(g) Annual requirements for Certified Local Governments for participation in Program All annual
requirements for participation and Program procedures are found in the Texas SHPO's
Certified Local Government Preservation Handbook (Handbook), which shall be provided to
each CLG upon its certification into the Program.
(1) The Texas SHPO shall provide a 60-day period for all CLGs to comment on any
proposed significant changes or amendments to the Handbook, keep a record of its
consultation process, and follow the procedures outlined in the HPF grant manual.
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(2) Written notification from the Texas SHPO to the CLGs is sufficient for minor changes,
technical corrections and amendments to the Handbook.
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(h) Monitoring and evaluating CLG performance. The Texas SHPO shall monitor the performance
of each CLG on an on-going basis to assure that CLGs fulfill their responsibilities in E
accordance with the requirements found in the Handbook and the terms of the Certification
Agreement. In addition the performance of the CLG shall be reviewed by the Texas SHPO on
the basis of recognized standards for historic preservation activities. These standards shall
include but not be limited to the Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation; National Register criteria for evaluation in reviewing the {
local government's role in the National Register Program; state survey grant requirements in
assessing the local government's execution of the survey requirement of the CLG regulations;
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and the Secretary of the Interior's Standards for the Treatment of Historic Properties in
considering the local government's role in overseeing work to locally designated landmarks
and districts. Evaluation of the performance of the CLG shall include the ability to maintain
an adequate and qualified commission as called for in (e)(2) above with all commission
members having a demonstrated interest, competence, or knowledge in historic preservation.
(1) The Texas SHPO shall conduct a full evaluation of each CLG no less than once every
four years. Written procedures and standards for evaluating CLG performance in
program operation and administration shall be included in the Certification Agreement
and in the Handbook.
(2) The Texas SHPO shall promptly notify the CLG in writing of the results of the
evaluation and must maintain written records for all evaluations.
(3) If the performance of a CLG is unsatisfactory, the Texas SHPO shall suggest ways
the CLG can improve its performance and stipulate a time frame in which the
improvements are to be made.
(i) Decertification. If the Texas SHPO determines that a CLG has not complied with the terms of
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the Certification Agreement, and/or has not improved sufficiently within a reasonable
stipulated time frame as recommended during the monitoring process, the Texas SHPO must
notify the CLG in writing of its intent to recommend decertification to the NPS. During the
decertification process:
(1) The Texas SHPO may begin procedures for the suspension and termination of
financial assistance to that local governmental entity in accordance with the HPF
grants manual.
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(2) Recertification shall not be permitted until all previously identified inadequacies have
been addressed to the satisfaction of the Texas SHPO, and a demonstrated effort has
been made by the local government to strengthen local preservation efforts above and s
beyond previous attempts.
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(j) Funds for Certified Local Governments. The Act provides that at least 10 percent of the Texas
SHPO's annual HPF allocation be made available in the form of sub grants to Cl-Gs to
provide financial assistance for local activities associated with the identification, evaluation,
designation, and protection of historic and prehistoric properties. Although each CLG is
eligible to receive funds from this allocation, there is no requirement that funds be awarded to
all local governments that are eligible. All procedures, terms and conditions for application to
receive a sub grant as part of the Program shall be found in the Handbook.
8/22/11
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Texas Historical Commission
P.O. Box 12276
Austin,TX 78711-2276
512.463.6100
TEXAS HISTORICAL COMMISSION
fax 512.475.4872 real places telling real stories
thc@thc.state.tx.us
www thc.state.tx.us
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ROUND ROCK,TUAS City Council Agenda Summary Sheet
PURPOSE.FASSION PROSPERITY
Agenda Item No. F2. -CONSENT
Consider a resolution authorizing the Mayor to execute a Certification Agreement with
the Texas Historical Commission for participation in the Certified Local Government
Agenda Caption: Program.
Meeting Date: November 8,2012
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Department: Planning and Development Services Department
Staff Person making presentation: Peter Wysocki
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Planning and Development Services Director
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Item Summary:
The Certified Local Government Program is a partnership between local governments, the Texas Historical
Commission, and the National Park Service designed to foster historic preservation in local communities. Certified
Local Governments have access to dedicated grant funds for historic preservation projects. Round Rock has been a
Certified Local Government since 1989 and has received several grants through this program.
In 2011, the Texas Certified Local Government Grant adopted revised state rules for the program. The new rules
eliminated redundant language and incorporated recent changes instituted by the National Park Service. The
National Park Service requires new Certification Agreements for Certified Local Governments upon the adoption of {
new rules. There have not been any other modifications made to the Certification Agreement since the city signed
the original one in 1989.To satisfy the requirement for a new agreement,copies of the new Certification Agreement
and the revised state rules have been provided by the Texas Historical Commission for the Mayor's signature.
Cost: N/A
Source of Funds: N/A
Recommended Action: Approval
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TEXAS HISTORICAL COMMISSION
real places telling real stories
CERTIFICATION AGREEMENT
BETWEEN THE TEXAS HISTORICAL COMMISSION
AND THE CITY OF ROUND ROCK FOR PARTICIPATION IN THE
CERTIFIED LOCAL GOVERNMENT PROGRAM
s
The City of Round Rock, in consideration of having been granted Certified Local Government status, agrees to
carry out the following responsibilities as a Certified Local Government, in cooperation with the National Park
Service and the Texas Historical Commission. €
It will:
I. enforce the local historic preservation ordinance for the designation and protection of local historic
properties;
1,
2. establish and maintain by the local preservation ordinance a qualified review commission, board or
committee for historic preservation having specific powers, such as review responsibility pertaining
to proposed National Register nominations as well as actions that will affect local historic properties;
3. designate a city official, staff person or other appropriate resident of the municipal entity to serve as
a local Historic Preservation Officer for the purpose of administering the local preservation
ordinance;
4. provide appropriate training for historic preservation officer, related city staff and members of the
historic preservation commission;
5. maintain a system for the survey and inventory of local historic properties that is coordinated with
the statewide cultural-resource-survey-process, with technical assistance provided by the National
Register Program office of the Texas Historical Commission's History Programs Division;
6. ensure,to the maximum extent possible, public participation in the local historic preservation
program, including the process of nominating properties to the National Register of Historic Places;
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7. adopt the Secretary of the Interior's Standards for Rehabilitation as the standards by which the local
review commission will review all work applications brought before it under the terms of the local
historic preservation ordinance;
8. review and comment upon nominations to the National Register of Historic Places for
properties within its jurisdiction within 60 days of receiving the nominations from the
National Register Program office of the Texas Historical Commission, and submit the
city commission's reports and the recommendations of the chief elected official of the
city to the National Register Program office as to whether or not the nominated
properties meet the criteria of the National Register;
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9. assist the National Register Program office of the Texas Historical Commission, if necessary, in 1
verifying the names and addresses of property owners within local historic districts being nominated
to the National Register, and assist with arrangements for local public information meetings at
mutually agreeable times and locations when such districts are nominated;
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10. submit to the State Historic Preservation Officer by the end of each calendar year an annual report
that describes the actions of the local review commission, board or committee and other
preservation-related activities of the previous fiscal year(October 1St through September 30th); i
11. monitor and report to the Texas Historical Commission any actions affecting any county courthouse,
Recorded Texas Historic Landmark, State Archeological Landmark,National Register property,and
any locally designated landmark;
12. coordinate local historic preservation efforts, to the extent practicable, with the Texas Historical
Commission, which shall provide technical assistance, guidance, and information to the Certified
Local Government as feasible upon request;
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13. carry out the general program procedures as outlined in the Texas Administrative Code, Title 13
Cultural Resources Part 2 Texas Historical Commission Chapter 15 Administration of Federal
Programs, Rule 15.6 Rules and Procedures for Certified Local Governments; and
14. assist the Texas Historical Commission in any duties and powers assigned to the State Historic
Preservation Office by the National Historic Preservation Act of 1966 as amended, and other federal
enabling legislation.
Signature: Mayor(or chief elected official) Date
City of Round Rock
AL PLM M016R AVJ
Printed Name
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Mark Wolfe, State Histori enervation Officer Date
RICK PERRY,GOVERNOR•MATTHEW F. KREISLE, III,CHAIRMAN•MARK WOLFE,EXECUTIVE DIRECTOR
P.O. BOX 12276 •AUSTIN, TEXAS•78711-2276•P 512.463.6100•F 512.475.4872•TDD 1.800.735.2989•www.thc.state.tx.us